The law with regards to lane placement



WrxAnt

New Member
Jan 25, 2006
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Hi Guys,

After an altercation the other day with a tintop with regards to the legality of where I was riding within the left hand lane I've decided to look into the laws of cycling further.

The question realates to whether a cyclist is entitled to a whole lane, or whether the tintop who threated to 'beat the *&^# out of me' as he held the chest of my jersey in his fist is correct in stating that 'you have to ride in the *&^#ing gutter' even on a three lane roadway with no cars outside of peak hour traffic.

So the question is "Where on the road am I legally allowed to ride?"


I've read up the road rule listed on the Vicroads website with regards to cyclists see: http://www.vicroads.vic.gov.au/vrne/vrne5nav.nsf/v/4F1006297B101689CA25713F007D25A4/$file/part%5F15.pdf

Heres the summary:
"Most rules in the Road Rules apply to bicycle riders in the same way as they apply to drivers—see rule 19.

There are some other rules that are for bicycle riders only, or that have exceptions for bicycle riders. These include—
• optional hook turn by bicycle riders—rule 35
• bicycle riders making a hook turn contrary to a no hook turn by bicycles
sign—rule 36
• bicycle riders excepted from giving stop signals—rule 52
• exception for bicycle riders riding in emergency stopping lanes—rule 95
• bicycle riders entering and leaving roundabouts—rules 111 and 119
• bicycle riders overtaking on the left—rule 141
• riding alongside other riders—rule 151
• bicycle lanes—rule 153
• parking at a bicycle rail or in a bicycle rack—rule 166
• stopping on footpaths—rule 197
• stopping on a road with a bicycle parking sign—rule 201"


After reading the document I see no laws detailing that a cyclist must 'keep to the left of their lane' to allow cars to pass, to do so is a matter of courteousy to allow vehicles to pass you in the lane in which you are travelling but not a legal requirement.

Can anyone shed any light on this?
Am I correct or is have I missed something in my research?

I'd prefer not to experience another blatant incident of road rage, but if it does arise I'd prefer to know 100% that I am in the right.

Cheers
Ant
 
Not only is there no legal requirement for you to ride in the gutter doing so is far more dangerous than riding 1.5-2 meters out from the curb. Unsurprisingly it's yet another car driver who doesn't have a clue.

--brett
 
You will need to check the rules specifically for VIC, which you have.

Did this occur in the left lane or another lane? There could be different rules.

The left lane is different, for example, you cannot pass another vechile within the same lane, unless that lane is the left lane, for example where there are no lanes marked apart from a centre lane and there are parked cars, then you are allowed to overtake the parked car.

Probably the answer to your question is that bicycles have exactly the same road rules as motorcycles, cars and trucks unless specifically stated for the class of vechile. So if there is no rule that states that you should act differently to the other classes of vechiles on the road, then you need to confine your bicycle within the same rules as the car.

His real objection is probably that you slowed him up. If you had been riding a Harley or driving a truck, would you have had the same reaction from the driver.
 
Here are some excerpts:

241. Travelling in or on a wheeled recreational device or toy on a road
(1) A person travelling in or on a wheeled recreational device or wheeled toy on a
road—
(a) must keep as far to the left side of the road as is practicable; and
(b) must not travel alongside more than 1 other pedestrian or vehicle travelling on
the road in the same direction as the person, unless the person is overtaking
other pedestrians.

but a bicycle is specifically excluded from the definition of a wheeled recreational device:

15. What is a vehicle
(1) A vehicle is a conveyance that is designed to be propelled or drawn by any means,
whether or not capable of being so propelled or drawn, and includes—
(a) a motor vehicle, trailer and tram; and
(b) a bicycle; and
(c) an air-cushion vehicle

253. Bicycle riders not to cause a traffic hazard
The rider of a bicycle must not cause a traffic hazard by moving into the path of a driver
or pedestrian.

From a FAQ:
Bicycles are classified as vehicles under the road rules and cyclists are permitted to use roads just as drivers are.
 
Hey Guys,

Thanks for all the replies.

I was about 1.5 metres out from the gutter in the left lane. After having a close encounter earlier in the ride from another person not leaving enough space when overtaking I had decided to not 'ride in the gutter' as it was safe to ride more confidently and take a place in the lane that I am entitled to.

I knew I was in for trouble when I stopped at a set of traffic lights in the left hand lane of a 3 lane roadway (ie 6 lane divided rd) when a car pulled up behind me and nearly hit my bike. The other 2 lanes were empty.

Once the traffic lights went green I started taking off, the horn of the driver started blaring and the headlights flashing as I took off.

As I got got upto around 30kms the hour the driver was still tailgating me and tooting and flashing his high beams. There were no other cars on the road to be seen.

He then proceeded to overtake by trying to drive as close as he could without blatantly mowing me down... as his mirror clipped the the side of my arm I lashed out with my fist hitting the back of his car. Probably not the best move....

... the driver stopped his car and so ensued a 'heated discussion' where the aforementioned moron proceeded to argue that his dad is a triathlete and that he knows the rules and that 'you have to ride in the *&^#ing gutter'.

Of course I asked him if he would treat his father like this?
And if he thought his father would be impressed by this blantant road rage behaviour towards a cyclist?

The heated discussion got worse with the poor misguided fellow threatening to 'beat the %#$ing life out of me' and to 'kill me' and that it was 'lucky there were a few old ladies sitting at the bus stop' otherwise he'd do it right then and there *sigh*

In the whole time the heated discussion was ensuing not one car passed us, a period of 2-3mins.

One can only hope the chap next caught up with his father he relayed his encounter and that his father gave him the serving he deserves.

A lovely day and a lovely 30km ride ruined in the last 800m :rolleyes:

Cheers
Ant
 
I might have lost it. Did you get his plate number? If so, then I would report an assault.
 
I have no idea what the drivers problem was other than he was in the mood to pick a fight and I was the unlucky person to receive the brunt of his frustration/anger.

I didn't get his number plate as I was in shock with the incident, and quite relieved actually that I didn't have to try and defend myself... Look cleats don't help one float like a butterfly!!!
One can only hope he isn't a serial offender.

Cheers
Ant
 
WrxAnt said:
I have no idea what the drivers problem was other than he was in the mood to pick a fight and I was the unlucky person to receive the brunt of his frustration/anger.

I didn't get his number plate as I was in shock with the incident, and quite relieved actually that I didn't have to try and defend myself... Look cleats don't help one float like a butterfly!!!
One can only hope he isn't a serial offender.

Cheers
Ant
more correctly one hopes he is bouyed by this incident and tries it again and finds a fitting reception including but not limited to a charge of assault, a black eye from a defensive blow (self defence using only such force as was necessary as to protect one's self from imminent harm ) and all witnessed by 5 or 6 very keen ( we'll testify against this moron) souls.

I like to use www.idiotdriver.com.au , and as I dont carry a pen, or paper when I ride, I do carry a watch that has a voice recorder with USB connection which can record such incidents plus my record of "White Commodore regn # DMORON (vic) time, place, witness names phone numbers- buy them at lots of shops around town at $149, double as an MP3 player/Flash Drive too
brand is "Xenix", I got mine in Beaumaris at a camera shop of all places.

aint it marvelous!
 
That's a disgusting story wrxAnt. It's a shame you didn't get his number plate but as you state such indicdents can totally catch one of guard.

I think this is where mobile phone camera's can really come into there own. Take a photo of the person abusing you and there car and number plate. I just about always carry my mobie with when I ride. I guess you would have to take care not to inflame a situation more where you could be physically harmed, as in your case.
 
WrxAnt said:
Hey Guys,

I knew I was in for trouble when I stopped at a set of traffic lights in the left hand lane of a 3 lane roadway (ie 6 lane divided rd) when a car pulled up behind me and nearly hit my bike. The other 2 lanes were empty.

Cheers
Ant
What road was this on Ant? It's so hard to understand what goes through these motorists heads. Glad to hear you survived unscathed.
 
I always take my mobile with me when riding Rhubarb but by the time one dismounts, opens the underseat pack, grab the mobile out... its all over.

At the time there were two ladies sitting at the bus stop who would have been unfortunate witnesses. One of them approached me after the atagonist departed and apologised for the drivers behaviour and told me to be careful of such people.

This occured on Manningham Rd in Bulleen.

Cheers
Ant
 
**** - i'm sorry to hear of ur experience. However whenever anything like this happens always take note of the rego as the first thing u do.

even the 1st three letters and the vechicle type / color can be enough to track him down.

Threats = assault and you can have him charged.

Threats to kill = very bad.

I would definatly report it.

Seriously as petrol prices skyrocket, cycling should get more popular - we need 2 stamp out this road rage from motorists.

ppl should have some god damm respect.

BTW i'm a cyclist, motorcyclist, and a performance car owner - so i can see if from all sides - but this kind of behaviour isn't on! i'm glad ur ok!



WrxAnt said:
I always take my mobile with me when riding Rhubarb but by the time one dismounts, opens the underseat pack, grab the mobile out... its all over.

At the time there were two ladies sitting at the bus stop who would have been unfortunate witnesses. One of them approached me after the atagonist departed and apologised for the drivers behaviour and told me to be careful of such people.

This occured on Manningham Rd in Bulleen.

Cheers
Ant
:eek: :eek: :eek:
 
yeah gotta say straight out that its crazy on the road

what happened to those ads along while back about cycling and sharing the road or am i dreaming of another country
 
WRXAnt sorry to hear about your experience - what a ******! We can only hope these people remove themselves from the gene pool in a manner that doesn't inflict on anyone else eg driving into a tree etc rather than mowing down a cyclist in a fit of road rage.

I ride around Doncaster/Templestowe a bit and haven't had a problem so far. I thought I was going to have some hassles at cnr of blackburn and reynolds rd when a "fullly sicka" hotted up car with subs at full volume pulled up behind me and the guys in the car were having a laugh at my expense (it was cold and raining so I guess they thought it was funny). I stuck well left through the intersection as if I was going to do a hook turn (not that you can there - but you know what I mean) then merged back into the traffic after they had passed - suffice to say I chickened on 'owing the lane".

I think I might try to get my Karate club logo on a cycling jersey!

Kushidio Karate and cycling - how much fun can you have in a day?!

p.s. if you would like to cross train and learn some self defence skills we are having a recruiting drive for new members...training is Monday and Wednesday nights (Doncaster).
 
WrxAnt said:
I have no idea what the drivers problem was other than he was in the mood to pick a fight and I was the unlucky person to receive the brunt of his frustration/anger.

Let's get one thing sorted. This isn't about you, it's about the sad individual who believed it acceptable to behave in such a ridiculous way. Invaribly with road rage, as with other odd incidents of poor impulse control, there's other things going on in the background. In *his* life, not yours. Here's a few tips about road rage and reporting stuff to the police,
http://www.woj.com.au/crankbusters/for-cyclists-advice-and-nifty-tips/
http://www.woj.com.au/crankbusters/state-police-links/

This individual you encountered sounded completely irrational, and I can understand you wanting to clarify the legalities etc. But please don't take this crappy experience as something that's 'normalised' road behaviour. This individual is simply a ***** with poor impulse control and sometimes it's the best thing to de-escalate the situation, ie: note they're obviously a complete fkwit, note the details of the vehicle and remove yourself + bike before things could possibly get worse.

Keep riding! :)