Rules specific to riders of bicycles and electric scooters
Road Rules
-
All bicycles (including e-bikes) and electric scooters must have at least one working brake and a ‘bell, horn, or similar warning device, in working order’ (RR r 258) (five pu).
If you ride at night or in hazardous weather conditions, you must have attached to your bicycle or electric scooter:
a flashing or steady white light on the front that is clearly visible from at least 200 metres in front;
a flashing or steady red light on the back that is clearly visible from at least 200 metres behind; and
a red reflector on the back that is clearly visible from at least 50 metres behind (RR r 259) (five pu).
-
When you are riding a bicycle or electric scooter, you must wear a properly fitting and fastened helmet unless you are riding on private property (RR r 256) (five pu). A helmet must also be worn by any lawful passenger on a bicycle (including children sitting in attached seats). If you are riding a scooter on a road or a road-related area, you must also wear an approved bicycle helmet (RR r 244B(1)).
‘Approved bicycle helmets’ are those approved by the Department of Transport (under RR r 407(f)) and published in the Government Gazette. Your helmet must meet Australian safety standard AS/NZS2063:2008.
In exceptional circumstances, a medical practitioner ‘may issue a certificate stating that, because of a disability or medical condition, it is impractical, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while riding on a bicycle or electric scooter, or being taken as a passenger on a bicycle’ (RR r 256(4)) or travelling on a scooter (RR r 244B(2)). An automatic exemption exists if the rider is a member of a religious group and is wearing a type of headdress customarily worn by members of that group; and the wearing of the headdress makes it impractical to wear a bicycle helmet (RR rr 244B(3A), 256(6)).
A person who has been issued such a certificate must have it in their possession when riding and produce it when requested to do so by a police officer or authorised person (i.e. a person with written authorisation from the Department of Transport and Planning) (RR rr 244B(3), 256(6)).
A paying passenger being carried on a three-wheeled or four-wheeled bicycle does not have to wear a helmet (RR r 256(2)(a)).
-
When you are riding your bicycle, you must be astride the rider’s seat and be facing forwards (unless the bicycle is not built to be ridden astride), with at least one hand on the handlebars (RR rr 245(a), (b)) (three pu). If the bike has a seat, it must not be ridden seated in any other position on the bike (e.g., on the pack-rack) (RR r 245(c)) (three pu).
-
You must not carry more passengers than the bicycle is designed to carry. Accordingly, ‘dinking’ is against the law (but a child in a child-seat is permitted).
Passengers can only sit on your bicycle if they are in a seat designed for a passenger (RR r 246) (three pu).
You can tow a bicycle trailer with a passenger in or on it if:
you are at least 16 years old;
the passenger is under 10 years old (or older if the person holds a valid, signed medical certificate);
the bicycle can safely carry the person; and
the passenger is wearing a helmet (unless exempt; see ‘Helmets’, above) (RR r 257).
Passengers are prohibited on electric scooters that are being ridden on a road or road related area (RR r 262H) (three pu).
-
When riding a bicycle, an electric scooter, or a wheeled recreation device (such as a skateboard), you must not operate a mobile phone or other device (including a wearable device) while the vehicle is moving or stationary but not parked (RR rr 304L, 304M, 304O) (10 pu). This includes being stationary in a marked lane, bicycle lane, bicycle storage area or in a line of traffic on a road (e.g. pausing at traffic lights) (RR r 304F). This prohibition does not apply if the device is an inbuilt part of the vehicle or is securely mounted on the vehicle and the operation of the device does not involved scrolling or entering text or information , and is only used for specified activities, including calls, listening to music, adjusting volumes, or GPS navigation. Portable devices (eg, phones not in secure holders) may not even be touched and cannot be resting on the rider’s body, clothes or an item in their lap (other than in a pocket or pouch) (RR rr 304N, 304Q) (10 pu).
-
It is illegal to have your dog or other furry friend on a lead while you ride your bicycle or electric scooter (RR r 301) (three pu).
Riding in traffic
-
When riding on the road, you must ride as close as practicable to the left side of the road (RR r 129) (three pu) and you must not ride within two metres of the rear of a moving motor vehicle continuously for more than 200 metres (RR r 255) (three pu). You must not cause a traffic hazard by moving into the path of a driver or pedestrian (RR r 253) (one pu) and you must not be towed by another vehicle or hold onto a moving vehicle (RR r 254) (five pu).
-
If you intend to change direction when riding, the safest option is to signal your intention to do so. How to signal is explained in rule 50: extend the right arm and hand horizontally and at right angles to the bicycle, with the hand open and palm facing forwards.
When intending to turn right, cyclists should look back to check what is coming and, if the way is clear, signal, merge towards the centre of the road and turn when appropriate. Whenever you are moving over to the right (including when changing lanes or turning right), you must signal with your right hand (RR r 48(1)) (three pu).
Cyclists and riders of electric scooters must not make a U-turn at a place with traffic lights if there is a ‘no U-turn’ sign (RR r 43A) (three pu for cyclists, five pu for drivers of other vehicles).
Cyclists and riders of electric scooters should turn left by moving towards the left kerb and then making the turn (RR r 27). If you are turning left on a bicycle, you do not have to signal (RR r 46(5)).
-
A hook turn is a right-hand turn started from the far left of an intersection. If there is a hook turn sign, cyclists and riders of electric scooters must do a hook turn to turn right (RR r 34) (three pu).
At all other intersections, rule 35 allows cyclists and riders of electric scooters to do a hook turn rather than cross lanes of traffic unless a sign prohibits it (RR r 36) (three pu). Cyclists and riders of electric scooters do not need to indicate a right turn if they are making a hook turn (RR r 48(5)(b)).
-
The curiously named ‘bicycle storage area’ or ‘hook turn storage area’ is a painted rectangle marked at an intersection with a bicycle symbol inside it. These areas are also applicable to electric scooters that are permitted on roads.
These areas are safer places for riders to stop as cars are not allowed to enter them until the lights change. Road Rule 60A(1) says that ‘if there is a bicycle storage area before traffic lights that are showing a red traffic light, a driver of a motor vehicle must not allow any part of the vehicle to enter the bicycle storage area’ (10 pu). The intention of bicycle hook turn storage areas is to make hook turns safer to execute, as riders can gather in the rectangle and all take off at the same time when the traffic lights turn green.
If you are riding a bike or e-scooter on the road and there is a bicycle storage area and you need to stop, you must stop inside it. If there is a bicycle lane leading into the bicycle storage area, you must use the bicycle lane to enter the area unless that is not a practical option (RR r 247A) (three pu). When entering a bicycle storage area, you must give way to:
any vehicle that is in the area;
if green or yellow traffic lights are showing, any motor vehicle that is entering or about to enter the area, unless the motor vehicle is turning in a direction that is subject to a red traffic arrow; and
if the area forms part of a lane to which traffic arrows apply – any motor vehicle that is entering or about to enter the area at a time when those arrows are green or yellow (RR r 247B) (three pu).
Riders who are in a bicycle storage area that goes across all traffic lanes must, if any green or yellow traffic lights are showing, give way to a motor vehicle that is in any lane other than the lane that the bicycle or electric scooter is directly in front of, unless the motor vehicle is turning in a direction that is subject to a red traffic arrow (RR r 247B(2)) (three pu).
If turning at an intersection where there is a bicycle storage area, it is an offence for bicycles and electric scooters to fail to enter and exit the part of the bicycle storage area that is in front of the lane into which they intend to turn, unless there is a parked car or other obstruction (RR rr 28, 31, 32) (three pu).
-
When riding on a road (including a bike path but not a road related area), there must not be more than two cyclists next to each other, except when overtaking (RR r 151) (three pu), and if riding next to someone, you must not ride more than 1.5 metres apart from them (RR r 151) (one pu). As mentioned earlier, riders of electric scooters must not ride next to each other unless overtaking.
-
A cyclist or a rider of an electric scooter is permitted to pass or overtake a motor vehicle on the left or right, except where the vehicle is turning left or right and has their indicator on (RR rr 141(2), 142(2)) (three pu). This means it is lawful for a cyclist or a rider of an electric scooter to progress to an intersection by passing on the left side of a stationary line of cars. Such riders must not overtake a vehicle on the right if it is doing a U-turn from the centre of the road and is indicating right.
When passing or overtaking, all drivers (including cyclists) must leave a ‘sufficient distance to avoid a collision or obstruct the path of the vehicle being passed’ (RR r 144). ‘Sufficient distance’ is not defined for the purpose of this rule. However, see ‘Minimum passing distances between motor vehicles and bicycles’, below.
-
Victoria now mandates minimum distances for motor vehicle drivers when passing bicycles on the right side (RR r 144A) (10 pu). A motor vehicle driver passing a bicycle or electric scooter on the right side (if they are both travelling in the same direction) must only do so at a ‘sufficient distance’ from the rider.
A ‘sufficient distance from the bicycle’ is defined in rule 144A(3) to be:
at least one metre distance when vehicles are overtaking bicycles on roads with maximum speed limits of 60 kilometres per hour (kph) or less (or 50 kph or less for electric scooters); and
at least one and a half metres distance when vehicles are overtaking bicycles on roads with maximum speeds of over 60 kph.
If a driver cannot pass a bicycle or electric scooter safely, they must slow down and wait for the next safe opportunity to do so. Rule 144A(2) makes it legal for drivers to comply with this law by, for example, permitting drivers to cross a continuous dividing line, two parallel dividing lines, a dividing strip (that is the same level as the road) or to cross into a tram lane. Several of the Road Rules (including rules 132, 137, 138, 144, 146, 151B and 155) have been adjusted to allow for rule 144A.
-
If cyclists or riders of electric scooters want to cross the road using a pedestrian or children’s crossing, they must get off and walk across the road, unless there are bicycle crossing lights (RR r 248(2); see also rr 260–262) (three pu).
Where a crossing is a dedicated bicycle crossing, a driver must not stop on the crossing or within 10 metres before the traffic lights, and within three metres after the traffic lights (RR r 174).
Riding on paths and in bicycle lanes
-
The RR dictionary defines a ‘footpath’ as ‘an area open to the public that is designated for, or has as one of its main uses, use by pedestrians’.
You are prohibited from riding on a footpath if you are 13 years of age or older (RR r 250(1)) (three pu), unless you:
are accompanying and supervising a child under 13 years old who is riding on the footpath;
are carrying a child in a bicycle baby seat or on a single- or two-wheeled bicycle attachment with pedals that is attached to your bicycle;
have a disability or medical condition that means it is difficult for you to ride on the road (and you are carrying a valid medical certificate), or you are accompanying and supervising such a person; or
are a postal worker doing your job (RR r 250(1A)).
When riding on a footpath, you must keep to the left (if it is practicable to do so), and you must give way to pedestrians (RR r 250(2)) (three pu).
-
A shared path is an area open to the public that is used by both cyclists and pedestrians. Typically, a shared path is a section of path that has signage showing both a pedestrian and a bicycle (RR r 242). When riding on a shared path, cyclists and riders of electric scooters must keep to the left (unless it is impracticable to do so) and must give way to pedestrians (except when the pedestrian is travelling in an electric personal transporter (RR r 250(2)) (three pu)). Cyclists should use their bells to signal their approach to pedestrians.
-
A separated footpath is a path divided in two: one side is reserved for cyclists and the other side is for pedestrians (RR r 239(4)). Pedestrians and cyclists must keep to their designated lane (RR r 239(1)) (two pu).
Exceptions for pedestrians are:
if a pedestrian is crossing a path, undue delay in crossing the path is not permitted (RR r 239(1)); or
if a pedestrian is on rollerblades, rollerskates or a similar ‘wheeled recreation device’ (e.g. a skateboard or scooter) or is in or pushing a wheelchair (RR r 239(2)).
-
Bicycle lanes are on-road lanes reserved for cyclists; these lanes are identified with a white bicycle symbol and the word ‘lane’ marked on the road or through signage. If there is a bicycle lane (see RR r 153(4)), a cyclist must ride in that lane, unless it is ‘impracticable to do so’ (e.g. it is blocked) (RR r 247) (three pu). Bicycles and electric scooters can ride in bus lanes (RR r 154).
Motor vehicle drivers are not permitted to drive in the bicycle lane (RR r 153(1)) (five pu) except for up to 50 metres if they are:
about to stop or park (provided stopping or parking is not prohibited at that place) (RR r 153(2));
driving a bus or taxi and setting down or picking up passengers (RR r 153(3));
entering or leaving the road (RR r 158(1)(a));
one kind of road from a different kind of road (e.g. moving to or from a service road) (RR r 158(1)(b));
overtaking a vehicle turning right or doing a U-turn (RR r 158(1)(c));
entering a marked lane or a line of traffic from the side of the road (RR r 158(1)(d)); or
stopping at a place in the lane (RR r 158(3)).
It is also permitted for a motor vehicle driver to drive in a bicycle lane, for an unrestricted distance, to avoid an obstruction (RR r 158(2)(a)).
-
Bicycle paths are separate, usually off-road paths reserved for cyclists and riders of electric scooters; they are marked by a ‘bicycle only’ sign (RR r 239(4)). Cyclists and riders of electric scooters using a bicycle path must keep to the left of any oncoming riders on the path (RR r 251) (three pu). This also applies to cyclists and riders of electric scooters using shared paths and separated footpaths.
-
The registered operator of a vehicle must ensure that each number plate issued for the vehicle is permanently fixed to the vehicle and maintained (Vehicles Regulations reg 63). Number plates must be clearly visible up to 20 metres away (reg 63(1)(d)). It is an offence to use the vehicle on a highway without its number plates (reg 65) (10 pu).
If your vehicle is fitted with a bicycle carrier that is obscuring the number plate, you can attach your rear number plate to the bicycle carrier (reg 63(7)) so that it is visible. Alternatively, number plates for bicycle carriers are available from VicRoads (www.vicroads.vic.gov.au).
-
The RS Act provides that cyclists can be charged with serious traffic offences similar to those that apply to drivers of motor vehicles. The offences apply to all drivers of non-motorised vehicles, not just cyclists, and the penalties for these offences are approximately half that of the penalties applying to corresponding offences for drivers of motor vehicles, reflecting the fact that cars tend to cause significantly more damage to people and property.
Serious traffic offences are:
failure to stop, render assistance, exchange details or report to police following an accident if a person is injured or property (including any animal) damaged (RS Act s 61A) (various penalties depending on whether anyone was killed or seriously injured; up to a maximum of five years’ imprisonment and 600 pu);
dangerous driving and riding: the RS Act (s 64(2A)) states that a person must not drive a vehicle, or ride a bicycle, at a speed or in a manner that is dangerous to the public, having regard to all the circumstances of the case (120 pu or 12 months’ imprisonment or both); examples of dangerous riding include riding too fast for the conditions and not looking out for pedestrians; and
careless driving and riding: the RS Act (s 65(2)) states that a person must not drive a vehicle, or ride a bicycle, carelessly on a highway (six pu (first offence) and 12 pu (subsequent offence)).
Drink-riding
The relevant provisions of the RS Act relating to drink-driving refer to motor vehicles and, accordingly, do not apply to cyclists – as such, cyclists cannot lose their driver licence or earn demerit points for riding while under the influence of alcohol.
As mentioned earlier, consuming alcohol while riding an electric scooter is an offence (RR r 262I) (five pu).
Rules specific to riders of bicycles and electric scooters
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: Road laws for skaters
