The Australian Road Rules 187(2) make it an offence to stop in a bicycle lane. On the Duthy Street bicycle lane (door lane), the layout means that trucks, fat SUVs and badly parked cars often sit with wheels in the bike lane.
Is this an offence? How much into the bike lane would count?
yes it is an offence, the vehicle is not just where the wheels are but the outer extremities of the vehicle. eg the outer wheels may be just inside the white line and not in the bike lane but the body of the vehicle is clearly protruding into the bike lane. The vehicle as stopped and it is in the bike lane - offence.
the bike lane extends vertically upwards from the ground in an imaginary line. You might have to be prepared to argue the point in court however. I would take photos along the line of the bike lane so it can be clearly seen where the vehicle protrudes into the lane.
If it was just the right hand wing mirror and when folded back, eg hit it does not protrude then I would say no but if any part of the body is in the lane you have a point as the mirror is even further into the lane and the pivot point (150mm max from side) is also well inside the lane.
I am not a lawyer and I have been unable to find any case law to support it.
Indeed Keith - in as much as I can simply cycle around stuff it does not make my ride safer... the exact opposite of course.
Ive always wondered about this rule as well. with the new boutique hotels on King William Road there are often mini buses picking up teams and they park over the bike lanes.
Well if the bike lane is "active" eg 24 hour or between the operating hours of the bike lane then the only vehicles that can stop in a bike lane (apart from bikes :-) ) are Public buses, public minibuses and taxis and they are dropping off or picking up passengers. In other words there has to be someone either on the vehicle wishing to alight or someone standing there either waiting to get on or a taxi has been hailed, they can't stop and wait or hope someone will get on.
A classic of this "waiting" thus offence, is Hutt Street on a Friday/Saturday night where taxis queue waiting for a fare from patrons exiting the General Havelock Hotel to the north of Carrington Street, they are not only "double parking" but "stopped in a bike lane" as that is a 24hr bike lane. The bike lane ends just before Carrington but they stop way back beyond that.
Also I use the word "public" very deliberately, as the bus/minibus have to be operating a regular schedule under the auspices of the Passenger Transport Act (PTA) which very often rules out charter buses/private hire etc. Sometimes railways will charter buses to run regular times for various reasons - thus exempt. Other exemptions also exist.
I am not a lawyer and these comments are only my interpretation of the ARR's. Only a court of law can determine whether or not an allegation is proven. A person receiving an expiation notice always has the right to have a court determine guilt/not guilty, or a person can admit the commission of the offence (by paying expiation notice) - this avoids a possible conviction against an individual's name.
OK thanks. I'll let you know if I get any joy out of Unley Council.
A few years ago the Norwood Saint Peter Council faced the same issue and had to remove the parking spaces despite the local business pushing for the spaces to remain. The location was south bound on Osmond Terrace just before Kensington Road.
That bike lane is now never obstructed/vehicle protruding into it.
That's neat. I didn't know you could make google maps travel through time :-)
+1. Thanks for the hint Norm!
Here's a nice Google Street View with the blue car driver just about to open their door into the bike lane.
It seems that Duthy might be wide enough to have a protected space between the parking spots and the bike lane, with narrower car lanes, if the Council wanted to keep the parking. (Dunno no expert.)
This is why painted bike lanes should really be installed with a striped 'buffer lane' between bike lane and parking space!
I suspect you will find that once the council really take a close look the parking space will be too narrow and won't comply with the standard requirements, that was one of the issues that Norwood Saint Peters Council had.