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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety Road Rules 2009 (Overtaking Bicycles)
Bill 2015
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Amendment of the Road Safety Road Rules 2009 2
4 Overtaking a bicycle 2
5 Amendment of rules 146, 147 and 150 of the Road Safety Road
Rules 2009 3
6 Amendment of Road Safety Road Rules 2009 to have effect as
if made by regulations 4
7 Repeal of amending Act 4
═══════════════
Endnotes 5
1 General information 5
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PARLIAMENT OF VICTORIA
Introduced in the Council by Samantha Dunn
Road Safety Road Rules 2009
(Overtaking Bicycles) Bill 2015
A Bill for an Act to amend the Road Safety Road Rules 2009 in
relation to the overtaking of bicycles and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Road Safety Road Rules 2009 to require a driver
of a motor vehicle to maintain a sufficient
5 distance when overtaking a bicycle.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
10 1 January 2016, it comes into operation on that
day.
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Road Safety Road Rules 2009 (Overtaking Bicycles) Bill 2015
3 Amendment of the Road Safety Road Rules 2009
The Road Safety Road Rules 2009 1 are amended
as follows--
(a) in the heading to rule 139, after "Exceptions
5 for" insert "overtaking bicycles or";
(b) in rule 139--
(i) in subrule (1), after "centre of the road
to" insert "overtake a bicycle or";
(ii) in subrule (1)(b) after "centre of the
10 road to" insert "overtake a bicycle or";
(iii) in subrule (2), after "dividing line to"
insert "overtake a bicycle or";
(iv) in subrule (2)(b), after "dividing line to"
insert "overtake the bicycle or";
15 (v) in subrule (4), after "painted island, to"
insert "overtake a bicycle or";
(vi) in subrule (4)(b), after "painted island
to" insert "overtake the bicycle or".
4 Overtaking a bicycle
20 At the end of rule 144 of the Road Safety Road
Rules 2009 insert--
"(2) For the purposes of this rule, sufficient
distance--
(a) in relation to a driver of a motor vehicle
25 overtaking a person who is riding a
bicycle (whether or not the bicycle rider
is in a bicycle lane) means--
(i) if the speed-limit applying for the
length of road where the driver is
30 driving at the time of overtaking is
not more than 60 kilometres per
hour--a distance of not less than
1 metre from the bicycle;
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Road Safety Road Rules 2009 (Overtaking Bicycles) Bill 2015
(ii) if the speed-limit applying for the
length of road where the driver is
driving at the time of overtaking is
more than 60 kilometres per
5 hour--a distance of not less than
1*5 metres from the bicycle;
(b) in relation to a rider of a bicycle
overtaking another bicycle means a
distance that is a safe distance in the
10 circumstances.
(3) For the purposes of this rule, sufficient
distance is measured by the lateral distance
between the following points--
(a) the furthermost point to the left on the
15 driver's vehicle or any projection from
the vehicle (whether or not attached to
the vehicle);
(b) the furthermost point to the right on the
bicycle, any bicycle trailer towed by the
20 bicycle, the rider or any passenger in or
on the trailer.
Examples
1 A basket or pannier bags attached to the bicycle
would be considered to be part of the bicycle.
25 2 A flag or stick attached to the bicycle, whether
flexible or inflexible, would not be considered to
be part of the bicycle.
Note
Bicycle lane is defined in the dictionary.".
30 5 Amendment of rules 146, 147 and 150 of the Road
Safety Road Rules 2009
(1) In rule 146(1) of the Road Safety Road Rules
2009, for paragraph (d) substitute--
"(d) overtaking a bicycle or avoiding an
35 obstruction; or".
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Road Safety Road Rules 2009 (Overtaking Bicycles) Bill 2015
(2) In rule 147 of the Road Safety Road Rules 2009,
for paragraph (a), substitute--
"(a) the driver is overtaking a bicycle or avoiding
an obstruction; or".
5 (3) In rule 150(1A) of the Road Safety Road Rules
2009, for paragraph (d) substitute--
"(d) overtaking a bicycle or avoiding an
obstruction.".
6 Amendment of Road Safety Road Rules 2009 to
10 have effect as if made by regulations
An amendment of the Road Safety Road Rules
2009 by this Act has the same effect as if the
amendment had been made by Rules made under
section 95D of the Road Safety Act 1986.
15 7 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
The repeal of this Act does not affect the continuing operation of
20 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Road Safety Road Rules 2009 (Overtaking Bicycles) Bill 2015
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
1
S. 3: S.R. No. 94/2009 as amended by S.R. Nos 116/2009, 137/2009,
140/2009, 7/2010, 137/2010, 24/2012, 46/2012, 83/2012, 103/2012,
157/2012, 88/2013 and 134/2013.
By Authority. Government Printer for the State of Victoria.
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