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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2015-10-14 Daily Xml
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Cycling Regulations

The Hon. D.G.E. HOOD (15:07): I seek leave to make a brief explanation before asking the minister representing the Minister for Transport and Infrastructure questions regarding cycling rules.

Leave granted.

The Hon. D.G.E. HOOD: The minister recently announced that, as of 25 October this year, cyclists of all ages are able to ride on footpaths and that cars are required to adhere to a one-metre rule when passing cyclists who are riding on the road, when travelling up to 60 km/h. The minister noted that 70 per cent of the public who were surveyed supported these changes. While cyclists will be required to ride to the left of the footpath, give way to pedestrians and signal a warning bell when approaching pedestrians, these changes present some serious potential issues for pedestrians who are blind, deaf, elderly or disabled in particular.

As I understand it, there is no restriction to the speed at which a cyclist can travel, which may increase the danger to pedestrians, especially those in the more vulnerable categories that I have just outlined. In addition, there is of course the issue of liability and who will be sued should an accident occur on the footpath. Cyclists are not required to register their vehicle, of course, or their bicycle, or pay CTP insurance, as motorists are. Should liability fall to councils, it would mean that they will have to take out insurance, meaning residents bear the cost of additional policies via rates and the like.

Whilst we support added safety measures for cyclists, as I am sure all members do, Family First does have concerns about potential issues that this regulatory change will bring. My questions to the minister are:

1. How many people in total were surveyed and was the survey conducted outside cycling enthusiast circles? For example, and did it extend to speaking to stakeholders representing people with disabilities and those who represent pedestrians?

2. What measures, beyond what is currently required of cyclists, have been put in place to protect pedestrians, such as those who are blind, deaf, elderly or otherwise disabled, particularly in instances where the person's vulnerability or disability is not easily seen or detected?

3. Who bears the liability for accidents which may occur on the footpath?

4. Why has this change been made by regulation and not via legislation?

The Hon. K.J. MAHER (Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Aboriginal Affairs and Reconciliation) (15:09): I thank the honourable member for his questions. I will refer those questions to the minister in another place and bring back a reply.

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