3 Reasons Why Motorists Can’t Push Cyclists Off the Edge

Emily Billiau

You don’t have to ride on the shoulder of the road.

The law of the left edge

In Queensland, the Transport Operations (Road Use Management—Road Rules) Regulation 2009 prescribe the rules which must be followed by road users.

So let’s get some of them down:

  • Section 129 (1) states that a driver (rider), on a road other than a multilane road, must ride as near as practicable to the far left side of the road; (so we get where the motorists are coming from)
  • Section 129 (3) states that the road does not include a road related area; (so what is a road–related area?)
  • Section 13 (2) (a) states that the shoulder of the road is a road related area
  • Section 13 (3) (b) (ii) states that any area outside an edge line is a shoulder

If it's not safe on the left edge, don’t ride there

road potholes

The short of this – if there is a wide shoulder that does not mean the cyclist has to occupy the shoulder.

Cyclist often will ride on the shoulder as a matter of courtesy. However, they should only do so if it is safe.  

Unless you had a death wish you would NOT STAY LEFT on the road pictured above - and you would be entitled to move into the centre of the lane.

The law states that you are to ride as near as practicable to the far left side of the road (and this does not include the shoulder).

Proving the left edge is not safe

The words “as near as practicable” are open to interpretation.  Whenever anything is open to interpretation, it is important to gather compelling evidence that can sway this ‘interpretation’ in your favour.

 If the edge of the road is in a bad way...

  • chipped, 
  • cracked,
  • bitumen breaking away
  • sunken depression
  • potholes

...then it will be reasonable/practicable for you to move towards the centre of the lane.

A video camera on the front of your bike will capture the condition of the road – your compelling evidence.  Live ‘date-stamped’ footage will be extremely powerful should you be involved in a ‘near miss’. Particularly if the offending motorist claims you were not as far to the left as you should have been.

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