All State and Federal Transport Ministers: Legislate a 1 metre minimum passing distance when overtaking bicycle riders

The issue

Protection for 4 million Australians

Call for legislation of 1 metre minimum when overtaking bicycle riders

In 2011, 4 million people rode a bicycle in Australia, almost 20% of Australians.

The government is committed to doubling the number of people cycling by 2016 – which is great for health, leisure, the environment, congestion and community wellbeing.

But with 35 bicycle riders killed and 9,577 injured in the same year – the human trauma costs of cycling in Australia are unacceptable.

Australian Road Rules are failing bicycle riders.

Distance when overtaking bicycle riders

At present every state transport authority (excluding Queensland and the ACT) ‘recommends’ drivers leave at least one metre when overtaking bike riders.
This communication is clear and easily understood.

However, there is no active or prolonged encouragement for this recommended behaviour. At the same time transport authorities support that the road rules are designed to prescribe and enable enforcement of required safe behaviour.

Consequently translating what is already recommended driver behaviour into legislation is a logical and practical step to changing behaviour.

The existing Australian Road Rules including Rule 144, do not protect bicycle riders when being overtaken by drivers. Drivers are permitted to make judgement calls regarding a ‘sufficient distance to avoid a collision’.

ARR 144—Keeping a safe distance when overtaking

A driver overtaking a vehicle:

(a) must pass the vehicle at a sufficient distance to avoid a collision with the vehicle or obstructing the path of the vehicle; and

(b) must not return to the marked lane or line of traffic where the vehicle is travelling until the driver is a sufficient distance past the vehicle to avoid a collision with the vehicle or obstructing the path of the vehicle.

The tragic death of 25 year old, Richard Pollett, highlights the inadequacies of this regulation. Richard was riding his bicycle when he was killed after being struck by a cement truck as the driver attempted to overtake him. The truck driver’s lawyer said the driver was under "the honest and reasonable belief" that there was enough room on the road to safely overtake him. The truck driver was acquitted.