Road law for cyclists, skaters and scooter riders

The relevant regulations, under the Road Safety Act 1986 (Vic) (‘RS Act’) are the:

• Road Safety Road Rules 2017 (Vic) (‘Road Rules’ or ‘RR’) – these are the Victorian version of the Australian Road Rules;
• Road Safety (Vehicles) Regulations 2021 (Vic) (‘Vehicles Regulations’); and
• Road Safety (General) Regulations 2019 (Vic) (‘RS General Regulations’). From 1 January 2020, the functions and powers held by VicRoads under the RS Act were transferred to the Secretary of the Victorian Government Department of Transport (‘Department of Transport’) and the Head of Transport Victoria under the Transport Legislation Amendment Act 2019 (Vic).

Each of the penalties indicated in this chapter is the maximum prescribed by legislation for a first offence, if the matter proceeds to court.

Each offence applicable to cyclists, skaters or pedestrians can also be dealt with by a traffic infringement notice (an on-the-spot fine) as per Part 7 of the RS General Regulations (see Chapter 3.1: Fines and infringements, and Chapter 6.8: Driving offences). NOTE Schedule 7 of the RS General Regulations states that for many bicycle offences, the fine is 1–3 pu. However, on-the-spot fines (also known as infringement penalties) for failing to obey traffic lights or stop or give way signs are the same for cyclists as they are for motorists (that is, 2.5 pu for failing to obey traffic lights, and 2 pu for failing to obey stop or give way signs). On-the-spot fines for most pedestrian (and hence, skater) offences are 0.5 pu.

The Road Rules define various words in the dictionary at the end of the Road Rules (‘RR dictionary’). The definitions below are from this dictionary. Bicycles A ‘bicycle’ is included in the definition of ‘vehicle’ in Road Rule 15 and is defined in the RR dictionary as:

a vehicle with two or more wheels that is built to be propelled partly or wholly by human power through a belt, chain or gears (whether or not it has an auxil- iary motor), and a includes a pedicab, penny-farthing and tricycle; and b includes a power-assisted pedal cycle within the meaning of vehicle standards, as amended from time to time, determined under section 7 of the Motor Vehicle Standards Act 1989 (Cth);

but c does not include an electric personal transporter, an electric scooter, a scooter, wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating), other than a vehicle referred

to in paragraph (b)). Electric bicycles A ‘power-assisted pedal cycle’ is defined in clause 3 of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 (Cth) (‘Vehicle Standard’) as follows: a vehicle, designed to be propelled through a mechanism primarily using human power, that:

(a) meets the following criteria:

(i) is equipped with one or more auxiliary

propulsion electric motors with a combined

maximum power output not exceeding 200 watts;

(ii) cannot be propelled exclusively by the motor or

motors;

(iii) has a tare mass (including batteries) of less than

50 kg;

(iv) has a height-adjustable seat; or

(b) is an electrically power-assisted cycle; but

does not include a vehicle that has an internal

combustion engine. An electrically power-assisted cycle (EPAC), as defined by clause 3 of the Vehicle Standard, is an electrically powered pedal cycle with a maximum continuous rated power of 250W, of which the output is:

(a) progressively reduced as the cycle’s travel speed

increases above 6 km/h; and

(b) cut off, where:

(i) the cycle reaches a speed of 25 km/h; or

(ii) the cyclist is not pedalling and the travel speed

exceeds 6km/h. The upshot is that any bicycle that does not require pedaling to operate, or does not meet the requirements set out above, is considered to be a motor cycle and not a bicycle. Electric scooters Since November 2021, the definition of ‘vehicle’ in the Road Rules has included electric scooters. In 2023 the limited trial of electric scooters was completed and the riding of these vehicles was permitted more broadly. A new ‘Division 2: Additional rules for riders of electric scooters’ has been added to Part 15 of the Road Rules; this sets out the rules for riding electric scooters. The Road Rules dictionary defines ‘electric scooter’ thus: “electric scooter” means a vehicle designed for use by one person that— a transports a person while the person is standing; b has two wheels (one in front of the other); and c has a footboard between the front and rear wheels; and d is steered by means of a handlebar; and e has a maximum speed capability of 25 kilometres per hour when ridden on level ground; and f can be propelled by one or both of the following— i one or more electric motors; ii a person pushing one foot against the ground; Under the Road Rules, a person riding a bicycle or electric scooter is defined as a ‘rider’ (RR 17 (1)), but a person walking beside and pushing an electric scooter is not a rider (RR 17 (2)). An electric scooter must not be ridden— (a)on a footpath other than a separated footpath or a shared path where permitted in the Road Rules (RR 262C; 3 pu); (b) on a road (including any shoulder of the road, but not including a road related area as defined in RR 13) on which the speed-limit is greater than 60 kilometres per hour (RR 262D; 3 pu), unless the rider— (i) crosses the road by the shortest safe route; and (ii) does not stay on the road longer than necessary

to cross the road safely; and (iii) is not prohibited, under the Road Rules, from crossing the road on an electric scooter.

(c) on a road or road related area—

(i) alongside another rider or pedestrian travelling on the road or road related area in the same direction as the rider of the electric scooter, unless the rider of the electric scooter is overtaking the other rider or pedestrian. (RR 262E; 3 pu);

(ii) on a road or road related area if the rider is under 16 years of age (RR 262F; 3 pu);

(iii) on a road or road related area at a speed over 20 kilometres per hour (RR 262G; 3 pu);

(iv) on a road or road related area while carrying any other person (RR 262H; 3 pu);

(v) on a road or road related area while drinking alcohol (RR 262I; 5 pu). Wheeled recreation devices The definition of a ‘wheeled recreation device’ is: [a] wheeled device, built to transport a person, propelled by human power or gravity (or in the case of a scooter, propelled by a person pushing one foot against the ground, or by an electric motor or motors, or by a combination of these) and ordinarily used for recreation or play. Wheeled recreation devices include rollerblades, rollerskates, skateboards, scooters (other than electric scooters) that are not motor vehicles, and similar wheeled devices.

Wheeled recreation devices do not include golf buggies, prams, strollers, trolleys, bicycles, electric personal transporters, wheelchairs, wheeled toys, or scooters (including electric scooters) that are motor vehicles.

People riding wheeled recreation devices are considered to be pedestrians (RR 18). For some rules relating to pedestrians, see ‘Riding on paths and in bicycle lanes’, below. The riders of scooters, although considered to be riding wheeled recreation devices, have been singled out for greater regulation. Cyclists A ‘cyclist’ is not defined in the Road Rules but is included within the definition of ‘rider’: a ‘person who is riding a motorbike, bicycle, electric scooter, animal or animal-drawn vehicle’ (RR 17(1)). This does not include a passenger or a person walking beside and pushing a bicycle (RR 17(2)). Riders and riding Road Rule 19 states that all references to ‘driver’ and ‘driving’ in the Road Rules include a reference to ‘rider’ and ‘riding’, unless otherwise stated. Therefore, cyclists are subject to the general Road Rules that govern all traffic on the road and, in particular, to the rules governing speed limits, pedestrians and traffic control devices (e.g. signs and signals). Several rules dealing specifically with bicycles and their riders are set out in Part 15 of the Road Rules. Roads and road-related areas The Road Rules apply to vehicles and road users on roads and road-related areas (RR 11). However, these terms are quite broadly defined. ‘Road user’ is defined to include a rider (RR 14).

The definition of a ‘road’ (RR 12) is: an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles [or any area declared under the RS Act]. The ‘road’ does not include the ‘shoulder’ (RR 12(3)), which is: an area (not being part of the road) adjoining the road that is open to or used by the public for driving, riding or parking motor vehicles and to which

a parking control sign does not apply. A ‘road-related area’ includes footpaths, nature strips and areas that divide roads. Road-related areas also include areas that, while not roads, are open to the public and are designated for use by cyclists or animals, or are used by the public for driving, riding or parking motor vehicles (RR 13).