Road Rules and Regulations
The relevant regulations under the Road Safety Act 1986 (Vic) (‘Road Safety Act’) are the:
Road Safety Road Rules 2017 (Vic) (‘Road Rules’ or ‘RR’) – these are the Victorian version of the Australian Road Rules;
Road Safety (Vehicles) Regulations 2021 (Vic) (‘Vehicles Regulations’); and
Road Safety (General) Regulations 2019 (Vic) (‘RS General Regulations’).
-
Each of the penalties indicated in this chapter is the maximum prescribed by legislation for a first offence, if the matter proceeds to court.
Each offence applicable to cyclists, skaters or pedestrians can also be dealt with by a traffic infringement notice (an on-the-spot fine) as per Part 7 of the RS General Regulations (see Chapter 3.1: Fines and infringements, and Chapter 6.8: Driving offences). Schedule 7 of the RS General Regulations states that for most bicycle offences, the on-the-spot fine is 1–2.5 penalty units (pu). The infringement penalty, for failing to obey traffic lights or stop or give way signs are the same for cyclists or e-scooter riders as they are for motorists (that is, 2.5 pu for failing to obey traffic lights, and two pu for failing to obey stop or give way signs). On-the-spot fines for most pedestrian (and hence, skater) offences are 0.5 pu.
According to the VicRoads website the Victorian Government will allow share hire e-scooters to operate across Victoria and is making new rules for e-scooters to make them safer. Stricter penalties and new technology will also be introduced. From October 2024, there will be higher fines for breaking the rules, including for riding on the footpath, not wearing a helmet, riding with a passenger, riding while drinking alcohol, speeding or riding if you are underage. There will also be new fines for passengers riding on an e-scooter and for passengers not wearing a helmet, and a safety campaign in partnership with the Transport Accident Commission (TAC). We will update this chapter as more details come to hand.
-
The Road Rules define various words in the dictionary at the end of the Road Rules (‘RR dictionary’). The definitions below are from this dictionary.
-
A ‘bicycle’ is included in the definition of ‘vehicle’ in Road Rule 15 and is defined in the RR dictionary as a vehicle with two or more wheels that is built to be propelled partly or wholly by human power through a belt, chain or gears (whether or not it has an auxiliary motor). This includes a pedicab, penny-farthing and tricycle as well as a power-assisted pedal cycle (see below) but not an electric personal transporter, an electric scooter, a scooter, wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating a power output over 200 watts.
-
A ‘power-assisted pedal cycle’ is defined in clause 3 of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 (Cth) (Vehicle Standard) as a vehicle, designed to be propelled through a mechanism primarily using human power, that is equipped with one or more auxiliary propulsion electric motors with a combined maximum power output not exceeding 200 watts, cannot be propelled exclusively by the motor and weighs less than 50 kg (including the battery) and has a has a height-adjustable seat. It also includes an electrically power-assisted cycle (EPAC) (unless it has an internal combustion engine). An EPAC (per clause 3 of the Vehicle Standard) may only have a maximum power of 250W and the output must be progressively reduced as the cycle’s travel speed increases above 6 kmh and be cut off if the cycle reaches a speed of 25 kmh or the cyclist stops pedalling.
Accordingly, any bicycle that does not require pedaling to operate or does not meet the requirements set out above, is considered to be a motorcycle and not a bicycle.
-
The rules on the lawful use of electric scooters, or ‘e-scooters’, have been subject to regular chance since 2021. An electric scooter is a ‘vehicle’ within the meaning of the Road Rules and is defined as:
a vehicle designed for use by one person that—
a. transports a person while the person is standing;
b. has two wheels (one in front of the other); and
c. has a footboard between the front and rear wheels; and
d. is steered by means of a handlebar; and
e. has a maximum speed capability of 25 kmh when ridden on level ground; and
f. can be propelled by one or both of the following—
i one or more electric motors;
ii a person pushing one foot against the ground;
Under the Road Rules, a person riding a bicycle or electric scooter is defined as a ‘rider’ (RR r 17(1)), but a person walking beside and pushing an electric scooter is not a rider (RR r 17(2)).
An electric scooter must not be ridden:
on a footpath (other than a separated footpath or a shared path where permitted in the Road Rules (RR r 262C) (three pu));
on a road (including any shoulder of the road, but not including a road related area) on which the speed-limit is greater than 60 kmh (unless crossing the road (RR r 262D) (three pu)); on a road or road related area;
alongside another rider or pedestrian (unless overtaking) (RR r 262E) (three pu);
at a speed over 20 kmh (RR r 262C) (three pu);
if under 16 years of age (RR r 262F) (three pu);
while carrying any other person (RR r 262H) (three pu);
while drinking alcohol (RR r 262I) (five pu).
-
The definition of a ‘wheeled recreation device’ is:
[a] wheeled device, built to transport a person, propelled by human power or gravity (or in the case of a scooter, propelled by a person pushing one foot against the ground, or by an electric motor or motors, or by a combination of these) and ordinarily used for recreation or play.
Wheeled recreation devices include rollerblades, rollerskates, skateboards, scooters (other than electric scooters) that are not motor vehicles, and similar wheeled devices.
Wheeled recreation devices do not include golf buggies, prams, strollers, trolleys, bicycles, electric personal transporters, wheelchairs, wheeled toys, or scooters (including electric scooters) that are motor vehicles.
People riding wheeled recreation devices are considered to be pedestrians (RR r 18). For some rules relating to pedestrians, see ‘Riding on paths and in bicycle lanes’, below. The riders of scooters, although considered to be riding wheeled recreation devices, have been singled out for greater regulation
-
A ‘cyclist’ is not defined in the Road Rules but is included within the definition of ‘rider’: a ‘person who is riding a motorbike, bicycle, electric scooter, animal or animal-drawn vehicle’ (RR r 17(1)). This does not include a passenger or a person walking beside and pushing a bicycle (RR r 17(2)).
-
Rule 19 states that all references to ‘driver’ and ‘driving’ in the Road Rules include a reference to ‘rider’ and ‘riding’, unless otherwise stated. Therefore, cyclists are subject to the general Road Rules that govern all traffic on the road and, in particular, to the rules governing speed limits, pedestrians and traffic control devices (e.g. signs and signals). Several rules dealing specifically with bicycles and their riders are set out in Part 15 of the Road Rules.
-
The Road Rules apply to vehicles and road users on roads and road-related areas (RR r 11). However, these terms are quite broadly defined. ‘Road user’ is defined to include a rider (RR r 14).
The definition of a ‘road’ (RR r 12) is:
an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles [or any area declared under the RS Act].
The ‘road’ does not include the ‘shoulder’ (RR r 12(3)), which is:
an area (not being part of the road) adjoining the road that is open to or used by the public for driving, riding or parking motor vehicles and to which a parking control sign does not apply.
A ‘road related area’ includes footpaths, nature strips and areas that divide roads. Road related areas also include areas that, while not roads, are open to the public and are designated for use by cyclists or animals, or are used by the public for driving, riding or parking motor vehicles (RR r 13).
Road Rules and Regulations
Chapter: 6.9: Road law for cyclists, skaters and scooters
Contributor: Dr Dru Marsh, Senior Adjunct Lecturer, Public Service Research Group, School of Business, UNSW Canberra; Night Service contributor, Fitzroy Legal Service, and Glenn Osboldstone, Senior Lawyer, DTP Legal
Current as of: 1 September 2024
Law Handbook Page: 593
Next Section: Rules specific to riders of bicycles and electric scooters
