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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?

What’s Your opinion?


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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.

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