What's with SA bicycle laws? Were they written by Nanna's

Hi all, first post for me.
My name is Matt and I'm a rider of 30years+ . I consider myself to be quite experienced. I come from a mtb background. I've done crits etc.
I have never really talked about issues i face on the road as i have just put up with sheer madness and have concentrated on back roads and pretty much any method to avoiding cars.
I consider riding on main roads to be very dangerous. I've had many friends knocked off including myself. Two of my best friends experienced brain damage as a result. One, Peter was almost killed and has never recovered.
I'm on a mission at the moment. I have a big problem with bicycle lanes on main roads. I believe they are actually exposing riders to dangerous situations due to their construction. There are many issues which you are probably aware of. IE Dooring, vanishing lanes, etc
Any who...
i'm praddling on.. 
Basically I'm doing some work on creating bicycle freeways. Where bikes have true protection when riding. Its early stages and i'll keep you posted. 
In working on the concept i thought i would have a peek at the road rules for bikes.
WTF!!!!!    Who wrote them?
So i constructed a letter to dtei.enquiries@sa.gov.au . Here"s how it goes:
Hi, just thought I would read the bicycle laws for SA. For fun : )
 
Gotta say this would have to be the most pathetic set of rules I've ever read. It was obviously written by people who have never ridden a bike.
Its like my mum wrote these rules. 
"Must have a bell or horn" really?? Am I three
Not allowed to ride on footpath if over 12 years old. ??   I'm 37 and have a child who is 6. When I ride with him, I ride on the footpath for his safety. I'm breaking the law. This is just ridiculous. 
I often ride on the footpath for my own safety...   Why have this rule in the first place?  Really.... How many fatal accidents are caused by bicycles on footpaths?  What you should really be asking how many fatal accidents are due to people being forced to use the road in dangerous situations.
"Riding and Seating Position: When riding, you must face forward and be in a seat or positions designed for travelling on a bicycle" where do i start. its basically a rule for rule sake. Why even have it. 
This rule is good: Bicycle lanes are for the exclusive use of bicycle riders. But it is undone by this rule: Other road users are permitted to use a bicycle lane only when: overtaking a vehicle turning right. Why have a bike lane in the first place if drivers are allowed to do this.
By reading the rules, It seems like bike lanes are there so riders would stay out of the way of cars. 
How do we go about getting these rules fixed.

-- 
Regards Matt

 

 

As you can see i praddle on a bit. 

What i wanted to know from forum members is; has anyone else read these rules and do you think they are a crock too?

Also has anyone suggested changing them to the government? I want to know if i barking up the wrong tree..

Regards Matt

 

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Permalink Reply by heather on July 29, 2012 at 11:46

Matt, since 1-Jan-2012 now Department of Planning, Transport and Infrastructure so dpti.enquiries@sa.gov.au

You might like to also write a different style of letter to address to:
-- Hon Patrick Conlon, Minister for Transport and Infrastructure, 136 North Terrace, Adelaide SA 5000, minister.conlon@sa.gov.au
-- Hon Tom Kenyon MP, Minister for Road Safety, minrsr@sa.gov.au

Sounds like you have read the ARR.

Consider Reg 253. What about a rule that drivers and pedestrians must not move into the path of a cyclist?
http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/s253.html
AUSTRALIAN ROAD RULES - REG 253
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.
Offence provision.

I wonder about Reg 236. A pedestrian is not permitted to obstruct a driver. Are pedestrians permitted to obstruct or move into the path of a cyclist?
http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/s236.html
AUSTRALIAN ROAD RULES - REG 236
236—Pedestrians not to cause a traffic hazard or obstruction
(1) A pedestrian must not cause a traffic hazard by moving into the path of a driver.

Pedestrians can step onto and wait in bicycle lanes.
http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/s239.html
AUSTRALIAN ROAD RULES - REG 239
239—Pedestrians on a bicycle path or separated footpath

As you noted, some vehicles at some times are permitted in bicycle lanes.
http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/s153.html
AUSTRALIAN ROAD RULES - REG 153
153—Bicycle lanes
(1) A driver (except the rider of a bicycle) must not drive in a bicycle lane, unless the driver is permitted to drive in the bicycle lane under this rule or rule 158.

Some vehicles are permitted to stop in bicycle lanes.
http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/s187.html
AUSTRALIAN ROAD RULES - REG 187
187—Stopping in a bicycle lane, bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks

So when there are bicycle lanes, cyclists' use of them is still conditional.

I would like to know why SAPOL and the courts do not always act when a cyclist is injured by a negligent driver. I know from personal experience and from what AC members relate.

The law about only children can ride on footpaths is repeated in ARR Reg 250 and Road Traffic Reg 25.
http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/s250.html
AUSTRALIAN ROAD RULES - REG 250
250—Riding on a footpath or shared path
(1) The rider of a bicycle who is 12 years old or older must not ride on a footpath if another law of this jurisdiction prohibits the rider from riding on the footpath.

http://www.austlii.edu.au/au/legis/sa/consol_reg/rtrampr1999707/s25...
ROAD TRAFFIC (ROAD RULES--ANCILLARY AND MISCELLANEOUS PROVISIONS) REGULATIONS 1999 - REG 25
25—Riders 12 years old or older not to ride on footpath

An invite to join my AC cycling advocacy groups:
-- Adelaide BUG at http://www.adelaidecyclists.com/group/adelaidebug
-- Look For Cyclists at http://www.adelaidecyclists.com/group/lookforcyclists
-- Vote For Cyclists at http://www.adelaidecyclists.com/group/VoteForCyclists

Cheers, Heather, cycling advocate
P.S. I have been hit and permanently injured by 3 negligent drivers. Three cycling friends were killed by negligent drivers. I have other cycling acquaintances who were hit, injured, maimed or killed on the roads.

Permalink Reply by Mike W on July 29, 2012 at 12:34

Guys, same old stuff keeps getting re-hashed.
Painting white lines on roads and then parking cars along them is a waste of paint and money.

There is no point in even thinking about amending or improving the existing 'rules' when the majority of drivers are unaware the existence of the current rules and those in authority who do know don't enforce them anyway.

A current ongoing example is in the pic below. This is a section of Diagonal Rd heading towards Glenelg. The bike lane is active from 7am to 9am and from 4pm to 6pm. There was eight vehicles parked in the 'lane' at 4:20pm when I rode through there last Monday. There is ample parking on the streets either side of this site but this it is indicative of how good the rules are.
The last time that there was a situation like this that got reported (Military Rd) the cyclists had to endure punctures along that section for the following two weeks.

Best of luck with it Matt, until we get education and enforcement of compliance with even basic aspects of the existing rules then I doubt you are going to get far.

[click to enlarge]

Permalink Reply by heather on July 29, 2012 at 13:04

Mike, I realise it is tedious that cyclists have to remind authorities to act when ARR are breached and cyclist safety threatened.

You can contact Holdfast Bay Council, ph 8229 9999, email mail@holdfast.sa.gov.au Perhaps email the council first, attention CEO, and remind them that council and ratepayers are missing out on $225 per illegally parked vehicle (or $1,800 for 8 vehicles). Of course explain how this breach of ARR threatens cyclist safety.

If council does not act promptly, then you will need to spend time. Stop safely when you see vehicles parked in the bicycle lane, phone the council, and say that you want the inspector to attend. You could also record details. My council records the number of parking offences but does not separate into type of parking offence (e.g. parked in bicycle lane), location or date & time. So no way for me to check if inspector write tickets.

You could also phone the police on 131 444. Obstructing a clearway attracts a larger expiation fee.

If still no action, record 5 minute snapshots over several days. Date & time; street number & business; car rego, colour & make; if vehicle empty (parked); gender of any vehicle occupants (vehicle standing but still against ARR). Discrete photos from a helmet cam would be useful. I presented such info to authorities before I could get drivers ticketed. Prior to that I went to the local paper who published the story about a cyclist injured when he could not cycle in the bicycle lane due to illegally parked cars.

Yes, tedious for cyclists, and disgusting that authorities appear disinterested in safety of vulnerable cyclists. Although governments produce repeated policies of 'doubling cycling by the year ___' (insert year depending on the govt). Let us know how you go.

Permalink Reply by Frank on July 29, 2012 at 20:57
Agree with Mike 100000000%

Education and change of attitude is key.

Drove down grenfell st today and more cars in the taxi/bus lane than the appropriate lane, totally unaware!
People are actually stupid, many not all, they may not have seen or read about traffic changes but surely the signage is subtle enough!

At night when I used to ride home after midnight, I rode on the footpath as soon as I heard a car coming! Was pulled over several times by cops!
I explained that after midnight, cars and or drivers actually swerve to hit or scare a cyclist, like it or not many are either tired, drunk or on drugs or all of the above!
Never got a ticket cause a reasonable person would agree!

Too many frigging jobbos out there and with booze in the belly or a bit of anti Lycra attitude pent up, a car quickly becomes a weapon!

I say, go drive in a real city some time, go to Europe and cope with traffic and road rules, the education system for a drivers lic where a dad or aunt or uncle can pass their bad habits and attitude onto their siblings is terrible!

Wanna drive a car? Earn the frigging right not think its a right and taken for granted!

EDUCATION
Permalink Reply by Glen Turner on July 29, 2012 at 22:36

Drove down grenfell st today and more cars in the taxi/bus lane than the appropriate lane, totally unaware!

Today is Sunday, the Grenfell St bus lanes operate Monday to Friday.

Permalink Reply by Frank on July 30, 2012 at 10:38

Crap, you are probably right there.

Perhaps I am the one that has to read the signage a bit more.

Stand corrected.

Permalink Reply by heather on July 29, 2012 at 21:27

Mike, strongly agree that Australia needs better driver education and enforcement of the existing rules. Unfortunately it is up to cyclists to be the dripping water that wears down the obstacles. Embarrass the authorities into ticketing illegal parking in the bicycle lanes. Make submissions to governments. Write to politicians and make them aware that their policies on cycling and road safety will determine how you vote.

Permalink Reply by Doddsy on July 29, 2012 at 21:55

The laws generally weren't written by for bikes, they were created for automobiles and they basically just couldn't be bothered differentiating  people from Machines. 

Permalink Reply by Mike W on July 29, 2012 at 21:59

@ Frank - I say, go drive in a real city some time, go to Europe and cope with traffic and road rules, the education system for a drivers lic where a dad or aunt or uncle can pass their bad habits and attitude onto their siblings is terrible!

Wanna drive a car? Earn the frigging right not think its a right and taken for granted!

Precisely, it takes 12 months to get a full licence in Finland and 12 hours in Australia, any wonder why the Finns are the best drivers in Europe in any conditions.

@ Heather - Unfortunately it is up to cyclists to be the dripping water that wears down the obstacles.

Cannot agree with you on this one Heather, why should the onus be on the most vulnerable to have to ensure compliance with very basic rules and removal of ignorance (education).
Why should the relevant authorities produce rules that they are not willing to educate on or licence and ensure compliance with, isn't this a dereliction of duty that is simply mirrored by those with a licence.
Responsibility is a top down requirement, you make the rules, you take the money = you take the responsibilty.

Permalink Reply by heather on July 29, 2012 at 22:07

Unfortunately it is up to cyclists . . . because authorities are ignoring their responsibilities. Other groups have won rights by taking action that I doubt they would have got by waiting for authorities to be benevolent, e.g. discrimination on grounds of gender or cultural background.

Permalink Reply by Sam Young on July 30, 2012 at 10:39

Actually, to get a full license in SA takes a minimum of three years. One year on 'L' plates, with 100 hours of recorded driving and a fairly comprehensive test with a 90% required mark to pass, then one year on 'P1's - speed is limited, no alcohol tolerance, have to show plates, and then one year on 'P2's - which are the same as P1's, but no need to show the P plates. Other states are similar, some are stricter than SA. 

Permalink Reply by David Bowler on July 30, 2012 at 0:05

Actually the exclusive use of bike lanes is not undone by the rule "Other road users are permitted to use a bicycle lane only when: overtaking a vehicle turning right" if they also obeyed the rule that they must give way to vehicles already in lane before changing lanes. Unfortunately most drivers do not seem to be aware that this rule applies to bicycle lanes.

The things that really undo bicycle lanes is the lack of enforcement of the rules and their lack of continuity.

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