Title: Road Traffic (Overtaking Bicycles) AmendmentBill 2013
Author: Office of Parliamentary Counsel
Category: parliamentary.copy
Document comments: lc159

Legislative Council—No 159
As introduced and read a first time, 3 July 2013

Road Traffic (Overtaking Bicycles) Amendment Bill 2013

Road Traffic (Overtaking Bicycles) Amendment Bill 2013
Part 1—Preliminary

Road Traffic (Overtaking Bicycles) Amendment Bill 2013
Preliminary—Part 1

Road Traffic (Overtaking Bicycles) Amendment Bill 2013
Part 2—Amendment of Road Traffic Act 1961

Road Traffic (Overtaking Bicycles) Amendment Bill 2013
Amendment of Road Traffic Act 1961—Part 2

South Australia
Road Traffic (Overtaking Bicycles) Amendment Bill 2013
A Bill For
An Act to amend the Road Traffic Act 1961.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Road Traffic Act 1961
4	Insertion of section 92
92	Overtaking or passing bicycles

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Road Traffic (Overtaking Bicycles) Amendment Act 2013.
2—Commencement
This Act will come into operation 2 months after the day on which it is assented to by the Governor.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Road Traffic Act 1961
4—Insertion of section 92
After section 91 insert:
92—Overtaking or passing bicycles
	(1)	A driver of a motor vehicle must, while overtaking or passing a person who is riding a bicycle, ensure that at least the prescribed minimum distance is maintained at all times between the motor vehicle and the bicycle.
	(2)	The driver of a motor vehicle who is overtaking or passing the rider of a bicycle in accordance with subsection (1) may, for that purpose—
	(a)	drive to the right of a dividing line or the centre of the road in accordance with rule 139 of the Australian Road Rules; or
	(b)	drive in more than 1 marked lane or line of traffic (provided that in moving to do so he or she gives way in accordance with rule 148 of the Australian Road Rules as if moving from 1 marked lane or line of traffic to another); or
	(c)	cross a continuous line separating marked lanes as if rule 147 of the Australian Road Rules applied.
	(3)	In this section—
	(a)	centre of the road, dividing line, give way, line of traffic, marked lane and overtake have the same respective meanings as in the Australian Road Rules;
passing, in relation to the driver of a motor vehicle passing the rider of a bicycle, does not include passing a rider who is travelling in the opposite direction to that in which the driver is travelling;
prescribed minimum distance, in relation to the driver of a motor vehicle overtaking or passing the rider of a bicycle, means —
	(i)	if the speed limit applicable to the driver of the motor vehicle for the length of road on which the driver is driving does not exceed 60 kilometres per hour—1 metre;
	(ii)	if the speed limit does exceed 60 kilometres per hour—1.5 metres,
where the distance is measured horizontally between the extremities of the motor vehicle and bicycle extended in a vertical plane;
	(b)	a reference to a motor vehicle or bicycle includes a reference to the following:
	(i)	the whole of the motor vehicle or bicycle, including the driver or rider and any passenger, equipment, load or attachment;
	(ii)	the whole of any vehicle being towed by the motor vehicle or bicycle, including any passenger, equipment, load or attachment;
	(c)	a reference to the Australian Road Rules is a reference to the rules as in force at the time this section comes into operation.

LC GP 304-B: the Hon Mark Parnell MLC