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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-05-17 Daily Xml
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Cycling Regulations

In reply to the Hon. D.G.E. HOOD (14 October 2015).

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety): The Minister for Transport and Infrastructure has been provided with the following advice:

1. The following is taken from the Regulatory Impact Statement, which is available on the website of the Department of the Premier and Cabinet:

'The Department of Planning, Transport and Infrastructure (DPTI) undertook public consultation on the legislative detail for the two proposals. The consultation process, which ran from 4 to 20 March 2015, generated 1,584 submissions from the general public and stakeholder organisations. Not all respondents commented on both proposals.'

Both proposals were supported by a clear majority of respondents (over 70%).

The consultation process was promoted through:

DPTI media release issued on 3 March 2015.

Consultation with stakeholder organisations especially organisations representing the interests of people with disabilities. Submissions received included those from Blind Citizens Australia (Adelaide and National Branches), Council of the Ageing South Australia, Health South Australia, Heart Foundation, Royal Society for the Blind and Vision Australia.

DPTI social media: I Bike I Like Facebook page, DPTI Facebook page and twitter account.

Email announcement to DPTI and SAGEMS addresses.

SA Government YourSAy community engagement.

Disability SA—Disability Services Information Update, and Disability Register.

National Heart Foundation online newsletter.

Bike SA social media.

Motor Accident Commission social media.

Amy Gillett Foundation social media.

Information provided at meeting of DPTI's Transport Accessibility Advisory Group.'

2. The Australian Road Rules treat riding on footpaths as the norm. Jurisdictions can ban it if they wish, which SA has partially done until now. Therefore, there already exists a framework for dealing with cyclists' behaviour on footpaths, such as keeping to the left, giving way to any pedestrian, enforcement and liability. Riding with due care has also been a common element along with the same requirement for drivers of motor vehicles.

For some time this framework has been applicable to cyclists under 12 and adults accompanying them, and people with a medical certificate permitting them to ride on the footpath. As with all other road users, cyclists will be required to ride with due care and attention under section 45 of the Road Traffic Act.

3. The matter of compensation and insurance relies upon the common law. The current practice is that liability in the event of damage from collisions is dealt with as a civil matter. Many adult cyclists may already hold appropriate insurance through household cover policies. Other insurances are available through being members of sporting or cycling clubs.

A local council will not be liable unless the loss, damage or injury suffered by the pedestrian is attributable to the negligence of the council and the alleged negligence by the council does not fall within the 'highway immunity rule'.

4. 'The changes have been put in place via regulation because they pertain to the Australian Road Rules. Matters pertaining to behaviour on the physical infrastructure properly belong in the Road Rules, as opposed to higher-level requirements such as drink and drug-driving, which belong in the Road Traffic Act. However, the minimum passing distance rules at least are not, at present, nationally consistent and therefore properly belong in SA's Ancillary and Miscellaneous Regulations, which contain state variations to the Road Rules. The changes regarding cycling on footpaths simply repeal the partial ban that is already a part of the Ancillary and Miscellaneous Regulations.

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