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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) REGULATION 2009 - REG 144A

Keeping a safe lateral distance when passing bicycle or personal mobility device rider

144A Keeping a safe lateral distance when passing bicycle or personal mobility device rider

(1) The driver of a motor vehicle passing the rider of a bicycle or a personal mobility device that is travelling in the same direction as the driver must pass the bicycle or device at a sufficient distance from the bicycle or device.
Penalty—
Maximum penalty—40 penalty units.
Note—
Section 129 generally requires the rider of a bicycle or a personal mobility device on a road, other than a multi-lane road, to ride as near as practicable to the far left side of the road.
(2) A
"sufficient distance" , from a bicycle or a personal mobility device, is—
(a) if the applicable speed limit is not more than 60km/h—a lateral distance from the bicycle or device of at least 1m; or
(b) if the applicable speed limit is more than 60km/h—a lateral distance from the bicycle or device of at least 1.5m.
(3) For subsection (2) , the lateral distance is the distance between the following points—
(a) the furthermost point to the left on the driver’s vehicle or any projection from the vehicle (whether or not attached to the vehicle);
(b) the furthermost point to the right on—
(i) the bicycle or personal mobility device; or
(ii) any bicycle or PMD trailer towed by the bicycle or device; or
(iii) the rider or any passenger in or on the bicycle, device or trailer; or
(iv) a thing attached to, or carried on, the bicycle, device or trailer or carried by the rider or any passenger, other than a projection mentioned in subsection (4) .
Examples of things for subparagraph (iv)—
a basket or pannier bags
(4) For subsection (3) (b) (iv) , a projection is a flag, stick or similar thing, whether or not flexible, attached to the bicycle or device, that projects sideways from the bicycle or device.



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