We often hear reports of accidents involving cyclists and cars.

The physical injuries are often well-known.

Trauma is the elephant in the room.

The anxiety and mental problems riders face after they are involved in repeated ‘near misses' can be life changing.

In January 2018, over 50 percent of the riders CycleLaw spoke to suffered psychological trauma as a result of an incident involving a motorist.

Emily Billiau said, "The cyclists who I spoke to listed the same anxiety triggers when getting back on the bike. These included the:

These anxiety triggers, if left untreated, can sometimes develop in to more serious mental illness.

The downward spiral often has a devastating impact on the cyclists ability to carry out their job.

You don't have to physically touch a rider to be liable for the mental harm you cause them.

In the meantime, initiatives such as Bicycle Queensland’s incident debrief service is a valuable support resource for cyclists.

If you would like more information on this service, please visit the BQ website here.

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

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).

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.