Police Minister announces removal of 12 yo age limit for footpaths

[Thoglette]

Listening to ABC Classical FM 7:00 news it was reported that Liz Harvey has announced the removal of the 12yo age limit on cycling on footpaths.

BWA's Jeremy Murray got a sound bite in, sensibly noting that nothing will really change and we won't have peletons racing on the foot paths.

Nothing on=line yet. Well, I haven't checked aus-law yet.

[AlexHuggs]

Posted a link to the West in another thread. Finally!

[Thoglette]

ABC: WA cyclists permitted to ride on footpaths
Nothing about a maximum speed limit

[Sinner]

That'll catch some local authorities on the hop! It takes months to get by laws changed. There's some concern on the café strips with al frescos providing so little room for pedestrians and now the waiting staff have to watch for cyclists before venturing out with trays of drinks!

[Thoglette]

Page 3 of the West confirms no speed limit and the ability of local councils to enact local bans.

[Sinner]

The speed limit will be that within the road reserve. So if its a 60kph speed limit on the road, that will be the limit on the footpath.

[Sinner]

So is this section of the Code repealed?

"213. Riding in bicycle lane
Wherever a bicycle lane is provided as part of a carriageway, and is in a reasonable condition for use, a rider of a bicycle shall use that portion of a carriageway and no other.
Modified penalty: 1 PU"

[방구 똥]

The speed limit will be that within the road reserve. So if its a 60kph speed limit on the road, that will be the limit on the footpath.

I don't think I can reach 60km/h on the footpath, but I won't try.

[exadios]

Footpath rule could increase tension between cyclists, motorists: http://www.watoday.com.au/wa-news/wa-cy ... of3hi.html

[trailgumby]

Footpath rule could increase tension between cyclists, motorists: http://www.watoday.com.au/wa-news/wa-cy ... of3hi.html

Quite a sensible article once you peel away the fear and loathing.

The concern about the use of the change in laws as an excuse to suspend spending on cycling facilities is a biggie IMO.

[citywomble]

Hi guys,

The revised regulation that came into force today is Regulation 216 amended in Gazette 26 Apr 2016 p. 1277

216.Paths
(1)For the purposes of this regulation, a bicycle is abreast of another bicycle if any part of it is by the side of any part of the other.
(2)The rider of a bicycle on a path must give way to a pedestrian who is on, or is crossing, the path.
Modified penalty: 1 PU
(3)The rider of a bicycle on a path must keep to the left of the path unless it is impracticable to do so.
Modified penalty: 1 PU
(4)The rider of a bicycle on a path must not ride so that the bicycle is travelling abreast of any other bicycle on the path.
Modified penalty: 1 PU
(5)Subregulations (3) and (4) do not prevent a rider from overtaking or passing other persons on the path.

This replaced the previous regulation which, in 216 (1) stated that:

a rider of a bicycle that is 12 years of age or older shall not ride on a footpath that is not a shared path or a separated footpath

Although there is no specific speed limit applied there has been no change to regulation 229 (b) which can be used to enforce (appropriate) speed:

(b)ride a bicycle recklessly or without due care and attention

.
The general consensus, which is articulated in the Austroads Guidelines, is that 20 km/h is the maximum (appropriate) safe speed for shared (mixed) use between cyclists and pedestrians. The NT regulations (Darwin) when allowing riding on the footpath included specific reference to a 20 km/h maximum.

That said, in QLD which has allowed footpath riding by adults for years, there does not appear to be any significant problems with adults riding on the footpath as fast cyclists will generally find the road is better. If anything where it has not been allowed (NSW and VIC) footpath riding is no less a problem (just ask Screwloose) and in NSW will cost a fortune (thanks to Dunny Can Gay).

[Sinner]

Thanks citywomble. Checking Regulation 213, it hasn't changed, so if there's a cycle lane it's illegal to ride on the path. It's also illegal to ride two abreast, so you can't, as the Minister says, ride alongside your child.

The other disturbing thing is although you can ride on the footpath, you can't ride on a pedestrian crossing, as Regulation 214 has not changed.

So it looks like it's been a rush job, without proper thought. They'll have to come back and make more changes!

[citywomble]

Hi Sinner,

Actually if you read regulation 213 it is clear that all reference is to riding on portions of the carriageway.

213.Riding in bicycle lane
Wherever a bicycle lane is provided as part of a carriageway, and is in a reasonable condition for use, a rider of a bicycle shall use that portion of a carriageway and no other.

My understanding would be that the meaning of the regulation is:
"Wherever a bicycle lane is provided as part of a carriageway, and is in a reasonable condition for use, a rider of a bicycle shall use that portion of a carriageway and no other (part of the carriageway)."

As there is no reference to paths or road related areas then the prohibition of 'other' portions would not apply to riding on a path.

[AlexHuggs]

Footpath rule could increase tension between cyclists, motorists: http://www.watoday.com.au/wa-news/wa-cy ... of3hi.html

Quite a sensible article once you peel away the fear and loathing.

The concern about the use of the change in laws as an excuse to suspend spending on cycling facilities is a biggie IMO.

I think there's too much unnecessary angst but I agree with concern about this becoming an excuse not to build infrastructure. But if done properly it's a sensible option. You simply don't need a protected cycleways on suburban backstreets and the footpath is a good option. But not in busier areas and CBD's.

[Sinner]

Thanks. Where I come from carriageway includes paths. However the definition in the Code only includes embayed areas for parking as well as the road.

[softy]

Don't panic guys, "bicycle lane", is a defined lane and very few exist. Those things painted on the side of the road are in law, just a side of the road.

[worzel]

So this will make pedestrians hate us more and the mooted 1m rule will make drivers hate us more. May as well paint a target on my back.

[jaseyjase]

So this will make pedestrians hate us more and the mooted 1m rule will make drivers hate us more. May as well paint a target on my back.

+1

better start investing in more cameras on the bike

[cj7hawk]

So this will make pedestrians hate us more and the mooted 1m rule will make drivers hate us more. May as well paint a target on my back.

+1

better start investing in more cameras on the bike

Pedestrians don't hate cyclists at all. Fat, ugly stupid people who drive cars and think that the 400m walk from the car park to their office makes them a pedestrian hate cyclists. First of all, those stupid cyclists got in their car's way three times, causing them a loss of 16 seconds on the way to work, and now they have the audacity to ride on paths, where pedestrians are no longer protected by their steel shells, and worse, why don't bicycle give pedestrians a meter when overtaking at 20kph.... ? Not to mention they think anything over 10 kph is too fast.

Real pedestrians who walk on shared paths are usually pretty cool with cyclists as long as they ride carefully. They will even smile and say good-morning to you. They don't hate cyclists because they see cyclists every morning, and even the jerks who go past them without ringing their bells always miss them.

You can be reasonably sure that the "pedestrians" who hate cyclists are "drivers" who hate cyclists and they just don't like to share paths or roads with anyone else.

They hate other drivers too, by the way.

David

[Mububban]

Real pedestrians who walk on shared paths are usually pretty cool with cyclists as long as they ride carefully. They will even smile and say good-morning to you. They don't hate cyclists because they see cyclists every morning, and even the jerks who go past them without ringing their bells always miss them.

You can be reasonably sure that the "pedestrians" who hate cyclists are "drivers" who hate cyclists and they just don't like to share paths or roads with anyone else.

They hate other drivers too, by the way.

David

This pretty much nails it I get smiles and waves from oncoming pedestrians when commuting on the shared paths, never ever had a problem on the shared paths.

I did have some tailgater wave a knife at me through his window when driving my car recently though, never been threatened by another cyclist or pedestrian yet but there's plenty of car vs car road rage in the news.

[NewStew]

I was commuting to work yesterday and thinking about this change in the regulations to allow riding on footpaths.... how do people think this applies to pedestrian crossings at traffic lights? For example could the pedestrian crossing are be considered to be part of the footpath when the pedestrian crossing lantern is lit and therefore is it now legal for a cyclist to cycle through the pedestrian crossing and then re-join the road on the other side? Further to this, at an intersection where there is a four way pedestrian crossing (allowing what my children call the chicken walk diagonally across) can a bicycle proceed through the intersection (with due care and regard for pedestrians) during the pedestrian phase?

Will be interesting if this is the case...

[cj7hawk]

I was commuting to work yesterday and thinking about this change in the regulations to allow riding on footpaths.... how do people think this applies to pedestrian crossings at traffic lights? For example could the pedestrian crossing are be considered to be part of the footpath when the pedestrian crossing lantern is lit and therefore is it now legal for a cyclist to cycle through the pedestrian crossing and then re-join the road on the other side? Further to this, at an intersection where there is a four way pedestrian crossing (allowing what my children call the chicken walk diagonally across) can a bicycle proceed through the intersection (with due care and regard for pedestrians) during the pedestrian phase?

Will be interesting if this is the case...

Nope, that's still the same. This change only relates to footpaths.

For pedestrian crossings, ride on the inside, crossing the broken line as soon as possible and cut back for median strips. Technically, this puts you on the carriageway or in the bicycle storage area for the crossing, which should be legal.

Crosswalks are a different matter. Adopt a retarded cycling posture, wave vehemently and do your best impersonation of a silly walk without getting off your bicycle. It doesn't make it legal, but if you explain to any police officers that you thought it might, and they laugh, you have a good chance of being let off.

David.