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
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.
get evidence
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.
What should you do with the video evidence?...Here's one idea...
” THERE IS A PLACE FOR THOSE OF US WHO WANT TO LIVE ON THE EDGE OF CHANGE! ”
Cycle Law and Bicycle Queensland have teamed up to create a strongly policed, closed Facebook community for cyclists called The Revolution.
- Video footage from members of the group will be openly discussed and shared.
- Highly experienced litigation lawyers will provide tips as to how best gather the right kind of footage (that will stand up to the sting of battle in a court-room).
- The aim is to collect hours and hours of this type of ‘robust’ evidence.
It will assist with law reform bids to make cycling safer and our community healthier.
