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"Every motorist that overtakes a rider within the legally-required 1 metre could be liable for the mental harm they cause that cyclist."
Emily Billiau - Cycle Law, Principal
Finances are one thing, but the trauma of a near-death experience is something else entirely. Road safety isn’t just about avoiding fines—it’s about protecting lives. Knowing how much space to leave when passing a bicycle rider is crucial.
Each time a motorist overtakes a cyclist without maintaining the legally required gap, they risk not only hefty fines but also causing significant emotional and psychological harm.
So, How Much of a Gap Should Motorists Leave When Passing a Bicycle Rider?
In Queensland, the law mandates at least 1 metre when passing a cyclist in speed zones of 60 km/h or less. In zones over 60 km/h, this gap increases to 1.5 metres.
Cyclists are some of the most vulnerable road users, making adherence to these rules not just a legal obligation but a moral imperative. When passing two cyclists riding side-by-side (up to 1.5 metres apart), the minimum passing distance applies to the rider closest to your vehicle.
Remember that cyclists have a right to be on our roads. Drivers should treat cyclists as they would any other vehicle, yielding when turning, entering or exiting driveways, and at pedestrian crossings. If a cyclist is ahead of you when turning left, always pass behind them.
But What If the Cyclist Isn’t Hit?
Even if you don’t physically touch a cyclist, you might still be liable if you cause mental harm by a close pass or near miss.
The law is clear: motorists must give cyclists at least 1 metre of space when overtaking. Failing to do so can result in liability for the psychological damage inflicted on riders.
Times are changing, and drivers can no longer ignore the mental consequences of their actions on the road.
Emily Billiau, Principal of Cycle Law, underscores this point:
“Drivers must give riders at least 1 metre of space when overtaking. Failure to do so can leave drivers liable for the harm they cause. Times are changing, and motorists must face the consequences of their disregard for riders' rights.”
The Hidden Cost: Mental Trauma from Unsafe Overtaking
We often hear reports of accidents involving cyclists and cars. The physical injuries are often well-known. Mental trauma is the elephant in the room.
The anxiety and mental problems riders face after they are involved in a ‘near-miss' can be life-changing.
The impact is real. Failing to leave the correct gap can lead to a ripple effect of trauma, including depression, which can become a societal burden.
Depression among cyclists triggered by road safety incidents could become costly to society. Should the drivers pay? Take this poll.
Should drivers be held responsible for this? [Take this poll.]
These are not just minor inconveniences. If these anxiety triggers are not addressed, they can escalate into severe mental health issues, impacting the cyclist's ability to work and live their life fully. And when that happens, Emily Billiau warns, “a cyclist might pursue a claim.”The statistics speak for themselves. In January 2018, over 50% of the cyclists Cycle Law interviewed reported psychological trauma after an incident with a motorist.
Emily Billiau explains the common anxiety triggers many cyclists experience:
- The sensation of fast movement
- The sound of brake pads on the rim
- The whoosh of wind or traffic
- The sight of the ground moving beneath the tyres
- The feel of wind on their face
- Smells like dry air, dust, gravel, moisture, oil, and exhaust fumes
- The grip of their hands on the handlebars
- The proximity of other cyclists or vehicles
Bicycle Queensland’s Incident Debrief Service
Recognising the severe impact these close encounters can have, Bicycle Queensland (BQ) has introduced a groundbreaking '24/7 Incident Debrief Service' for their members, the first of its kind in Australia.
This service provides free trauma counselling to cyclists affected by such incidents, offering members round-the-clock access to psychological support through D’Accord OAS, one of Australia’s top critical incident support providers. To access the service, simply call 1300 554 011 and have your member ID ready.
Emily Billiau, Principal of CycleLaw, praised BQ’s initiative. “This program offers unprecedented support to Queensland riders,” she said. “Any service that provides cyclists with immediate and meaningful assistance is a win in our book. I applaud Bicycle Queensland for their work”
“It is a fact of law that driver's need to give riders at least 1 metre of space when overtaking.
Failure to do so can leave drivers liable for the psychological harm they cause.
Times are changing, and motorists can no longer ignore the mental consequences of their blatant disregard for rider's rights."
Emily Billiau - Principal, CycleLaw
Need Legal Advice?
Cycle Law is a law firm for cyclists, run by cyclists. We share your passion for safer roads and better infrastructure. But safer roads start with responsible road users.
By exploring your legal options on a no-win, no-fee basis, you can help make our roads safer. Contact us today for expert advice. Let’s make the roads safer—together!