1m space to pass cyclist now law in WC

carbon29er's Photo carbon29er 20 Nov 2013

Provincial government today gazetted the law that cyclists are entitled to a 1 (one) metre space on the roads. Only in the Western Cape though.

WESTERN CAPE PROVINCIAL ROAD TRAFFIC ADMINISTRATION ACT, 2012 (ACT 6 OF 2012):
SAFETY OF CYCLISTS REGULATIONS, 2013
The Provincial Minister of Transport and Public Works in the Western Cape, under section 8(1)© of the Western Cape Provincial Road Traffic Administration Act, 2012 (Act 6 of 2012), has made the regulations set out in the Schedule.
SCHEDULE
Definitions
1. In these regulations, any word or expression defined in the National Road Traffic Act, 1996 (Act 93 of 1996), or theWestern Cape Provincial Road Traffic Administration Act, 2012 (Act 6 of 2012), has the same meaning and, unless the context indicates otherwise—
‘‘cyclist’’ means a person who rides or attempts to ride a pedal cycle;
‘‘National Regulations’’ means the National Road Traffic Regulations, 2000;
‘‘pedal cycle lane’’means any area forming part of a public road and which has been designated by the appropriate road traffic sign or road marking for the exclusive use of cyclists.

Duties of driver of motor vehicle when passing cyclist
2. (1) The driver of a motor vehicle who passes a cyclist on a public road must—
(a) exercise due care while passing the cyclist;
(b) leave a distance between the motor vehicle and the cyclist of at least one metre; and
© maintain that distance from the cyclist until safely clear of the cyclist.
(2) Despite any solid barrier line or other road traffic sign prohibiting encroachment upon the right-hand side of the road, the driver of a motor vehicle on a public road may, where the roadway is not wide enough to comply with subregulation (1)(b) or © when passing a cyclist, encroach on that part of the road to his or her right, but only if—
(a) it can be done without obstructing or endangering other persons or vehicles;
(b) it is safe to do so; and
© it can be done and is done for a period and distance not longer than is necessary to pass the cyclist.

Duties of cyclists
3. (1) A cyclist riding on a public road must—
(a) if the road has a pedal cycle lane, ride only in the pedal cycle lane and may not ride on any other portion of a public road except when crossing the road; or
(b) if there is no pedal cycle lane, ride—
(i) to the left of the left edge of the roadway; or
(ii) on the roadway, keeping as close as practicable to the left edge of the roadway.
(2) When riding on a public road, a cyclist must—
(a) give conspicuous driving signals as contemplated in regulation 300 and Part II of Chapter X of the National Regulations; and
(b) stop in the circumstances contemplated in regulation 307 of the National Regulations.

(3) A person may not ride a pedal cycle on a public road—
(a) on the right-hand side of a motor vehicle proceeding in the same direction, except when passing that motor vehicle or turning right at an intersection;
(b) abreast of another cyclist proceeding in the same direction, except when passing that cyclist;
© while wearing a headset, headphones or any listening device other than a hearing aid; or
(d) while carrying another person on the pedal cycle, unless that pedal cycle is specifically equipped to carry more than one person.
(4) A cyclist must exercise due care while—
(a) passing a motor vehicle or turning right in the circumstances described in subregulation (3)(a); or
(b) passing another cyclist in the circumstances described in subregulation (3)(b).

Other laws passed include:
Lamps and reflectors on pedal cycles
4. (1) A person may not ride a pedal cycle on a public road or pedal cycle lane during the period between sunset and sunrise unless—
(a) the pedal cycle is fitted in the front with a head lamp capable of emitting a white light in accordance with regulations 158 and 178 of the National Regulations;
(b) the pedal cycle is fitted at the rear with a rear lamp capable of emitting a red light in accordance with regulations 158 and 178 of the National Regulations; and
© the head lamp and rear lamp are kept lighted.
(2) A person may not ride a pedal cycle on a public road or pedal cycle lane at any other time when, due to insufficient light or unfavourable weather conditions, persons or vehicles on the public road or pedal cycle lane are not clearly discernible at a distance of 150 metres, unless the head lamp and rear lamp are kept lighted.
(3) A person may not ride a pedal cycle on a public road or pedal cycle lane unless—
(a) the pedal cycle is fitted on the front with a white retro-reflector in accordance with regulation 186(3) of the National Regulations; and
(b) the pedal cycle is fitted on the rear with a red retro-reflector in accordance with regulation 187(4) of the National Regulations.
Races and sporting events for cyclists on public roads
5. The Minister or the local authority concerned, as the case may be, may, in granting consent in terms of regulation 317(2) of the National Regulations in respect of a pedal cycle race or pedal cycle sporting event on a public road, exempt any person, or category of persons, taking part in that race or event from any provision of these regulations.
Offences and penalties
6. Any person who contravenes or fails to comply with any provision of these regulations commits an offence, and on conviction is liable to a fine or to imprisonment for a period not exceeding one year.
Short title
7. These regulations are called the Safety of Cyclists Regulations, 2013.
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dee_biker's Photo dee_biker 20 Nov 2013

Thanks for the info! Finally!

Will be tricky to enforce though.
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Wannabe's Photo Wannabe 20 Nov 2013

What happened to "A Cyclist stay alive at 1.5"? It is gazetted as 1m only.

Do I now have to fit reflectors to the front and rear of my bike?
Will a reflective strip do the job? (I have both white and red reflective strips on my biker at present, but not reflectors per se.)
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Cellar's Photo Cellar 20 Nov 2013

What complete BS. When I did my drivers test, I was instructed to execute a complete lane change maneuver to pass a cyclist. The same way you would when passing a car. Why on earth are we going backwards here?
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Smartie's Photo Smartie 20 Nov 2013

(3) A person may not ride a pedal cycle on a public road or pedal cycle lane unless—
(a) the pedal cycle is fitted on the front with a white retro-reflector in accordance with regulation 186(3) of the National Regulations; and
(b) the pedal cycle is fitted on the rear with a red retro-reflector in accordance with regulation 187(4) of the National Regulations.


:eek: Seriously?
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Riaanvt's Photo Riaanvt 20 Nov 2013

Of particular importance is section 3(3)(b) - I hope everyone reads it.
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Falco's Photo Falco 20 Nov 2013

(3) A person may not ride a pedal cycle on a public road—
(b) abreast of another cyclist proceeding in the same direction, except when passing that cyclist;


This is the important one, and it will be used in many future court cases when motorists flatten cyclists.
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Cellar's Photo Cellar 20 Nov 2013

This is the important one, and it will be used in many future court cases when motorists flatten cyclists.


Yeah. The cyclist seems to be getting the short end of the stick with pretty much every sentence of the OP.
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Myles Mayhew's Photo Myles Mayhew 20 Nov 2013

This is the important one, and it will be used in many future court cases when motorists flatten cyclists.


Erm, what people seem to forget is that this has ALWAYS been a requirement for riding on the road...
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carbon29er's Photo carbon29er 20 Nov 2013

This is the important one, and it will be used in many future court cases when motorists flatten cyclists.

You are wrong. What this law means is if you are hit by a motor vehicle, the driver is guilty of breaking the law as they did not observe the 1 metre rule.

I would say possibly with the exception of if the cyclist is passing the motorist on the right hand side of the road 3 (a).
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MTBeer's Photo MTBeer 20 Nov 2013

hopefully now the chops on Otto Du Plessis will fook off to the cycle lane.

(a) if the road has a pedal cycle lane, ride only in the pedal cycle lane and may not ride on any other portion of a public road except when crossing the road; or
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Maniax's Photo Maniax 20 Nov 2013

(3) A person may not ride a pedal cycle on a public road—
(a) on the right-hand side of a motor vehicle proceeding in the same direction, except when passing that motor vehicle or turning right at an intersection;


I guess this renders the riding against or with traffic thread mute
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Myles Mayhew's Photo Myles Mayhew 20 Nov 2013

hopefully now the chops on Otto Du Plessis will fook off to the cycle lane.

(a) if the road has a pedal cycle lane, ride only in the pedal cycle lane and may not ride on any other portion of a public road except when crossing the road; or


That was always in the AARTO regulations anyway...
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ScottC-M's Photo ScottC-M 20 Nov 2013

Dont get me wrong, i'm glad something is finally being done, but i just cant help the feeling that this is a FAIL!!
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MTBeer's Photo MTBeer 20 Nov 2013

That was always in the AARTO regulations anyway...

I don't know. I remember some traffic oke being interviewed on Cape Talk a while back and I'm sure he said that there was no law forcing cyclists to use the cycle lane.
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Myles Mayhew's Photo Myles Mayhew 20 Nov 2013

I don't know. I remember some traffic oke being interviewed on Cape Talk a while back and I'm sure he said that there was no law forcing cyclists to use the cycle lane.


yeah, but he was incorrect. The law states that the cycle lanes must be used when running alongside the road. There is no getting around that.

Maybe he was referring to the administrative difficulties in prosecuting cyclists who do not adhere to that, but it is there...
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