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Road Safety Road Rules 2009 (Overtaking Bicycles) Bill 2015

            Road Safety Road Rules 2009
           (Overtaking Bicycles) Bill 2015

                           Amended Print


               EXPLANATORY MEMORANDUM


                                  General
The Bill seeks to amend the Road Safety Road Rules 2009 (the "Road
Rules") in order to require motor vehicle drivers and motor bike riders to
maintain at least a prescribed distance when overtaking or passing bicycles
on a road.

                               Clause Notes
Clause 1    outlines the purpose of the amending Bill.

Clause 2    provides that the Bill will come into force on a day to be
            proclaimed, or on 1 July 2016 if it is not proclaimed before that
            date.

Clause 3    amends the heading of rule 139 to reflect the proposed changes to
            rule 139.
            Amends rule 139 so that drivers overtaking or passing bicycle
            riders may move to the right in the same way they would if they
            were avoiding an obstruction on the road.

Clause 4    adds a new rule 144(2), which prescribes that when a driver or
            motor bike rider is overtaking or passing a person who is riding
            a bicycle, a "sufficient distance" for the purposes of existing
            rule 144 is a lateral distance of--
              •       at least 1 m, in the case of roads with a speed limit of
                     60 km per hour or less; or




581PM2                                1            BILL LC AMENDED 17/5/2017

 


 

• at least 1*5 m, in the case of roads with a speed limit of greater than 60 km per hour-- measured from the furthest right hand side of the bicycle or rider to the left hand side of any part of the vehicle or motor bike. A bicycle rider overtaking or passing another bicycle must leave a safe distance in the circumstances. Clause 5 amends rule 146 with the effect that drivers overtaking or passing bicycles may move out of their marked lane in the same way they would if they were avoiding an obstruction on the road. Amends rule 147 with the effect that drivers overtaking or passing bicycles may move from one marked lane to another marked lane by crossing a continuous line separating the lanes in the same way they would if they were avoiding an obstruction on the road. Amends rule 150(1A) with the effect that drivers overtaking or passing bicycles may drive on or over a continuous white edge line on a road in the same way they would if they were avoiding an obstruction on the road. Clause 6 provides that the amendments to the Road Safety Road Rules by this Act have the same effect as if they were made under section 95D of the Road Safety Act 1986. This has the effect of providing that they may be altered or repealed in the same way as other rules. Clause 7 repeals the Act on the first anniversary of its commencement. The repeal of this Act does not affect the continuing operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984). 2

 


 

 


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