Page 4799 - Week 15 - Thursday, 16 December 1993
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Mr Connolly - the answer to the Members question is as follows:
(1) Yes. The operation of bicycles on the road is governed by provisions of the Motor Traffic Act 1936 and the Traffic Act 1937.
(2) Yes. Bike paths are not specifically defined in legislation. Bike paths as they are commonly referred to are defined in legislation as either footpaths or public places depending on their proximity to a public street (Motor Traffic Act 1936 and Traffic Act 1937). Operation of a bicycle on a footpath is governed by provisions of the Traffic Act 1936. Operation of a bicycle in a public place is governed by the common law of negligence.
(3) No. Bicyclists are not permitted to ride within 10 metres of an entrance to a shop at a time when that shop is open for sale of goods to the public. All parties who use footpaths are governed by provisions of the Traffic Act 1937 while persons using public places are governed by the common law of negligence.
(4) Yes. The ACT Traffic Handbook specifically addresses the responsibilities of drivers in regard to cyclists using the road. This responsibility is also covered in the draft ACT Road Safety Strategy.
The Department of Urban Services, Roads and Transport Branch, is preparing a draft ACT Bicycle Strategy which will also address the rights and responsibilities of cyclist who use the road.
(5) Yes. Information in the ACT Traffic Handbook is relevant to cyclists. The Road Safety Unit (DUS) conducts bicycle safety/bicycle helmet programs for pre-school/primary school children. RSU Officers provide/support lessons using information from the ACT Bicycle Helmet Kit. The Australian Federal Police operate the Belconnen Traffic Demonstration Centre for school based groups on demand.
The Department of Urban Services, Roads and Transport Branch is currently developing a Draft ACT Bicycle Strategy which addresses the issue of the rights and responsibilities of cyclists who use the road.
The Cyclist Group Pedal Power has produced a brochure detailing the rights and responsibilities of cyclists titled Cycling and the Law in the Australian Capital Territory.
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