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Ask RiotACT: Cycling on pedestrian crossings – who must give way?

By Leon Arundell 9 November 2015 105

Ask RiotACT

If a cyclist and a driver collide on a pedestrian crossing, who is liable for the repair costs for the car and/or bicycle?

The most recent (January 2014) ACT Road Rules Handbook does not require drivers to give way to cyclists on marked pedestrian crossings. It says, “Motorists must give way to pedestrians on a marked pedestrian crossing, if there is a reasonable possibility of a collision.”

Rule 253 of the Road Transport (Safety and Traffic Management) Australian Road Rules Incorporation 2013 (No 1) says, “The rider of a bicycle must not cause a traffic hazard by moving into the path of a driver or pedestrian.”

The ACT Government’s information about “safer cycling reforms” says:

  • “When riding a bicycle you will be able to ride slowly across pedestrian crossings (at no more than 10km/h).
  • You must slow to 10km/h on the approach to the crossing and check for any approaching traffic and be prepared to stop. This is to allow motorists to see and respond to you before you make the crossing.
  • You must keep to the left of the crossing and give way to any pedestrians on the crossing.
  • You may be issued a traffic infringement notice for failing to comply with the road rule, including failing to slow on the approach to the crossing and check for approaching traffic. The penalty for each of these offences will be $118.

So cyclists must slow to 10 km/h, keep left, give way to pedestrians and be “prepared” to stop. But must they actually stop to avoid a collision with a car?

Can the Minister for Justice tell us who must give way, if a cyclist and a driver are approaching a pedestrian crossing?


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Ask RiotACT: Cycling on pedestrian crossings – who must give way?
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SidneyReilly 2:33 pm 03 Jan 16

puggy said :

rommeldog56 said :

But no, because I walk around with my eyes wide open, I haven’t stepped in dog poo in decades.

People have been stepping on dog poo, kangaroo poo, bird poo, etc since Adam was a boy.

Come on, its not that big a deal is it that it needs a law passed. Just watch where u are walking – instead of texting.

I think it’s more the people that get their dog to poo in the same place every day, like in front of my house, on the letter box side of the path. Sure, they shouldn’t need a law, but clearly people don’t give a sh*t when they’re giving away their dog’s sh*t for someone else to clean up.

Ahhhhh but not picking up after your dog is against the law and here is how you defend yourself; Take a pic or pics of the dog and “carer” dropping its landmines then armed with that call TAMs ( you may have to be persistent) and they will “handle” it… The best way is to run screaming like a banshee out of your front door if you see the event occuring and demand the dogs owner takes the stuff with them, fines (I think) for a) not having a doggy poo bag when walking your dog $50 and b) for not picking up after your dog $500….
A mate of mine was so overwrought by this happening he spent money at Jaycar and set up a movement activated video system, it cost him $400 but now no dogs are seen on his front yard. Dont get me wrong I love dogs, I have my very own registered companion dog and its not the dogs its idiot owners….

SidneyReilly 2:25 pm 03 Jan 16

And someday as it happens a victim must be found….
So Cyclists in the ACT do not have to carry a photo ID with them because its “to inconvenient” so in that case money and phones should also be left at home. Yet when an ACT cyclist heads up the Federal Hwy and crosses into NSW they must carry photo ID to cycle in NSW. Maybe a business oportunity here to hand out photo ID’s to Cyclists at the NSW/ACT Border for a small yet commensurate consideration…. Well people pay big money for bottled water….
The whole cycling debate is now getting silly If someone wants to cyclle along a Hwy with a speed limit of 110 with a mere 1.5 metres between them and a Bi Double then let them….

Felix the Cat 5:00 pm 19 Nov 15

http://www.pedalpower.org.au/news/cycling-across-a-crossing-rule-change/

‘Shane Rattenbury (the Minister for Territory and Municipal Services, Minister for Sport and Recreation, Minister for Justice and Minister assisting on Transport Reform) has clarified the rule change.

“In addition to amending the road rules to allow cyclists to ride across crossings, the road rules have also been amended to extend the application of ARRs 65 (Giving way at a marked foot crossing (except at an intersection)), 80 (Stopping at a children’s crossing) and 81 (Giving way at a pedestrian crossing) so that, in addition to stopping for, or giving way to pedestrians, drivers must stop or give way to the rider of a bicycle. Motorists may be issued an infringement notice for failing to stop or give way to a bicycle rider on a crossing, with each of these offences carrying a penalty of $389 and 3 demerit points.

Road rule 253 (bicycle riders not to cause a traffic hazard) does not apply to a bicycle rider who is riding across a pedestrian crossing as this is a permitted manoeuvre. An example of a bicycle rider causing a traffic hazard would be, for example, moving in and out of parked cars.

When it comes to road safety, all road users have a duty to take reasonable care not to cause foreseeable harm to another road user or their property. This duty exists regardless of whether a person is a motor vehicle driver, motorcyclist or cyclist. Whether or not someone is liable for the damage caused by their actions is a matter for the court to decide based on the individual facts of the case.”

Further to this clarification, other items of the rule change for riding across a pedestrian crossing include:

The trial will also allow cyclists to ride slowly across signalised marked foot crossings, children’s crossings and pedestrian crossings at no more than 10km/h.
Cyclists will be required to slow to 10km/h on the approach to the crossing and check for any approaching traffic and be prepared to stop. This is to allow motorists to see and respond to the cyclist before they make the crossing.
Cyclists must also keep to the left of the crossing and give way to any pedestrian on the crossing.
Cyclists who fail to comply with these rules may be issued a $118 fine.

For more information on the changes and conditions of the trial, visit http://www.justice.act.gov.au. ‘

puggy 3:10 pm 18 Nov 15

rommeldog56 said :

But no, because I walk around with my eyes wide open, I haven’t stepped in dog poo in decades.

People have been stepping on dog poo, kangaroo poo, bird poo, etc since Adam was a boy.

Come on, its not that big a deal is it that it needs a law passed. Just watch where u are walking – instead of texting.

I think it’s more the people that get their dog to poo in the same place every day, like in front of my house, on the letter box side of the path. Sure, they shouldn’t need a law, but clearly people don’t give a sh*t when they’re giving away their dog’s sh*t for someone else to clean up.

Maya123 10:32 am 18 Nov 15

rommeldog56 said :

Nilrem said :

You like stepping in dog poo?!

Only when I post on RiotAct !

But no, because I walk around with my eyes wide open, I haven’t stepped in dog poo in decades.

People have been stepping on dog poo, kangaroo poo, bird poo, etc since Adam was a boy.

Come on, its not that big a deal is it that it needs a law passed. Just watch where u are walking – instead of texting.

I’d rather look at life around me and the scenery, then need to walk along, head down, watching the ground for poo. Although, I’ve found a bit of money that way, so it’s not all shi.. doing this.

rommeldog56 11:16 pm 17 Nov 15

Nilrem said :

You like stepping in dog poo?!

Only when I post on RiotAct !

But no, because I walk around with my eyes wide open, I haven’t stepped in dog poo in decades. People have been stepping on dog poo, kangaroo poo, bird poo, etc since Adam was a boy. Come on, its not that big a deal is it that it needs a law passed. Just watch where u are walking – instead of texting.

Maya123 10:59 pm 17 Nov 15

Actually nothing in practice has changed since before the new law came in and now. From my experience, almost every car driver stopped in the past as they now have to, to allow me to ride my bike across a crossing. Even when I held back to let the car go first, nearly every driver stopped for me. It was extremely rare for a driver not to do this. What was I to do? Ride across efficiently as the car driver expected and not cause any unnecessary delay, or stop, get off my bicycle, taking more time, and then walk across the crossing? The driver expected me to ride across the crossing and it would have been delaying and rude not to do this and take extra time to dismount and walk, slowing both of us up. The new rule allowing people cycling to ride across the crossing, is what most people cycling and driving had practised and expected as normal before.

rommeldog56 3:58 pm 17 Nov 15

rommeldog56 said :

Leon said :

Minster Shane Rattenbury has clarified the new road rules

In response to Leon Arundell (Letters, November 6), the road-rule changes that allow cyclists to ride across pedestrian crossings also require cyclists to approach no faster than 10km/h, look for approaching traffic, cross no faster than 10km/h, give way to pedestrians on the crossing, and keep left while crossing. The changes will improve amenity for bicycle riders and provide a safe alternative to the previous rule, which required bicycle riders to dismount and walk across the crossing.

So this new rule/law is “safer” than the old one, which presumably was to dismount and walk across the crossing ? “Safer” ?

It appears that you can spin anything if you are in the ACT Government……….

It was “safe” – not “safer”. My bad. But still, the implication is that it is safe compared to the previous practice/Law.

rommeldog56 1:52 pm 17 Nov 15

Leon said :

Minster Shane Rattenbury has clarified the new road rules

In response to Leon Arundell (Letters, November 6), the road-rule changes that allow cyclists to ride across pedestrian crossings also require cyclists to approach no faster than 10km/h, look for approaching traffic, cross no faster than 10km/h, give way to pedestrians on the crossing, and keep left while crossing. The changes will improve amenity for bicycle riders and provide a safe alternative to the previous rule, which required bicycle riders to dismount and walk across the crossing.

So this new rule/law is “safer” than the old one, which presumably was to dismount and walk across the crossing ? “Safer” ?

It appears that you can spin anything if you are in the ACT Government……….

dungfungus 10:38 am 17 Nov 15

Leon said :

Minster Shane Rattenbury has clarified the new road rules

In response to Leon Arundell (Letters, November 6), the road-rule changes that allow cyclists to ride across pedestrian crossings also require cyclists to approach no faster than 10km/h, look for approaching traffic, cross no faster than 10km/h, give way to pedestrians on the crossing, and keep left while crossing. The changes will improve amenity for bicycle riders and provide a safe alternative to the previous rule, which required bicycle riders to dismount and walk across the crossing.

The new road rules also clarify that motorists must stop or give way to bicycle riders at crossings, as well as to pedestrians. The changes are accompanied by an education campaign to explain the rules and to remind everyone – whether they are driving a car, riding a bike or a motorbike, or walking – of their obligations to follow the rules and ensure the safety of their fellow road users.

Shane Rattenbury, Minister for Justice
Letter to the Canberra Times: http://www.canberratimes.com.au/comment/ct-letters/counting-the-jobless-20151116-gl08wb.html#ixzz3rgoAuvMa

I won’t hold my breath waiting for a cyclist to be prosecuted for exceeding the speed limit.
Afterall, no cyclist was ever prosecuted under the other law.

dungfungus 9:47 am 17 Nov 15

Nilrem said :

rommeldog56 said :

Holden Caulfield said :

rommeldog56 said :

If we accepted personal responsibility/accountability for avoiding the situation, there wouldn’t be the need for so many nanny state laws. There are so many road laws and requirements on drivers, no one has a hope of remembering and applying them all anyway.

Name three of the “nanny state” laws that bother you.

1) Plastic Bag ban.
2) Picking up dog poop.
3) The myriad of laws around cyclists on roads.

In my view, if we all acted more responsibly and just did what is “common sense”, then Govt wouldn’t need to waste time on drafting layer upon layer of nanny state laws to enshrine that common sense – maybe Government could actually focus on useful decisions including growing the economy and the employment base, better fiscal decision making and priorities, etc. In case no one has noticed in this left/green leaning circus called Canberra, Gov’t decision making and fiscal priority setting by this ACT Gov’t are sadly lacking.

You like stepping in dog poo?!

Anyone ever been prosecuted in the ACT for not picking up dog poo?

Leon 8:08 am 17 Nov 15

Minster Shane Rattenbury has clarified the new road rules

In response to Leon Arundell (Letters, November 6), the road-rule changes that allow cyclists to ride across pedestrian crossings also require cyclists to approach no faster than 10km/h, look for approaching traffic, cross no faster than 10km/h, give way to pedestrians on the crossing, and keep left while crossing. The changes will improve amenity for bicycle riders and provide a safe alternative to the previous rule, which required bicycle riders to dismount and walk across the crossing.

The new road rules also clarify that motorists must stop or give way to bicycle riders at crossings, as well as to pedestrians. The changes are accompanied by an education campaign to explain the rules and to remind everyone – whether they are driving a car, riding a bike or a motorbike, or walking – of their obligations to follow the rules and ensure the safety of their fellow road users.

Shane Rattenbury, Minister for Justice
Letter to the Canberra Times: http://www.canberratimes.com.au/comment/ct-letters/counting-the-jobless-20151116-gl08wb.html#ixzz3rgoAuvMa

Nilrem 12:34 pm 16 Nov 15

rommeldog56 said :

Holden Caulfield said :

rommeldog56 said :

If we accepted personal responsibility/accountability for avoiding the situation, there wouldn’t be the need for so many nanny state laws. There are so many road laws and requirements on drivers, no one has a hope of remembering and applying them all anyway.

Name three of the “nanny state” laws that bother you.

1) Plastic Bag ban.
2) Picking up dog poop.
3) The myriad of laws around cyclists on roads.

In my view, if we all acted more responsibly and just did what is “common sense”, then Govt wouldn’t need to waste time on drafting layer upon layer of nanny state laws to enshrine that common sense – maybe Government could actually focus on useful decisions including growing the economy and the employment base, better fiscal decision making and priorities, etc. In case no one has noticed in this left/green leaning circus called Canberra, Gov’t decision making and fiscal priority setting by this ACT Gov’t are sadly lacking.

You like stepping in dog poo?!

rosscoact 7:06 am 16 Nov 15

rubaiyat said :

9) That ridiculous requirement for Liberal & National Party voters to drive on the left hand side of the road like all the bleeding heart socialists

Worst of all

10) The ban on Nannies administered gin to babies

‘Nanny State’ is a euphemism for ‘Selective Liberalism’ i.e. let me do what I damn well please but you are not capable of making your own decisions and acting responsibly.

rubaiyat 9:01 pm 15 Nov 15

9) That ridiculous requirement for Liberal & National Party voters to drive on the left hand side of the road like all the bleeding heart socialists

Worst of all

10) The ban on Nannies administered gin to babies

rubaiyat 8:40 pm 15 Nov 15

rommeldog56 said :

Holden Caulfield said :

Name three of the “nanny state” laws that bother you.

1) Plastic Bag ban.
2) Picking up dog poop.
3) The myriad of laws around cyclists on roads.
4) Ban on firing off automatic weapons in public spaces
5) Urinating against the wall ban
6) Ram raiding shops ban
7) Drugs ban
8) Helping yourself to other people’s property ban…

All those are just personal choices. If only people were more responsible we wouldn’t need any laws at all.

rubaiyat 8:24 pm 15 Nov 15

Maya123 said :

Selfish, ‘me’ people.

The black holes at the centre of their own universe.

Maya123 4:42 pm 15 Nov 15

rommeldog56 said :

Maya123 said :

And the road belongs to them and everyone else can get out of their road. (There, ‘their road’.) Selfish, ‘me’ people.

Certainly. But that is a minority of motorists. In my experience, that also applies to a minority of cyclists.

Its just that a minority of motorists are much greater in number than a minority of cyclists – so they are more obvious. That’s what I mean about co-responsibility and cyclists also acting with common sense to do what ever is necessary to reduce the risk to themselves.

I wrote that comment too quickly. I should have written, ‘But some people won’t act responsibly.’

dungfungus 2:51 pm 15 Nov 15

rosscoact said :

wildturkeycanoe said :

Has anybody thought to let the other states know about the new laws? What if a Victorian driver for example, comes to Canberra and doesn’t give way to a cyclist crossing at a pedestrian crossing? They obviously will think they are in the right but unaware of the changes.

Refer back to the common sense rule.

“Victorian” and “common sense” rarely appear in the same sentence.

rosscoact 11:09 am 15 Nov 15

wildturkeycanoe said :

Has anybody thought to let the other states know about the new laws? What if a Victorian driver for example, comes to Canberra and doesn’t give way to a cyclist crossing at a pedestrian crossing? They obviously will think they are in the right but unaware of the changes.

Refer back to the common sense rule.

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