Just saw 2 bicycle coppers busting a rather upset lady cyclist in moore park on the shared path near the footbridge on south dowling street.

Just wondering, does a shared path in a public path classify as a road related area for the purposes of mandatory helmet laws?

Views: 151

Reply to This

Replies to This Discussion

I think road-related areas now extend in to classrooms. To be safe I would just assume every where is a road related area and dress accordingly. Think hi-vis, flags, flashing lights, plastic hats etc...

But since you asked, the road rules say:

13 What is a road related area

(1) A road related area is any of the following: (a) an area that divides a road, (b) a footpath or nature strip adjacent to a road, (c) an area that is not a road and that is open to the public and designated for use by cyclists or animals, (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.

(2) However, unless the contrary intention appears, a reference in these Rules (except in this Division) to a road related area includes a reference to: (a) an area so far as the area is declared, under another law of this jurisdiction, to be a road related area for these Rules, or (b) any shoulder of a road, or (c) any other area that is a footpath or nature strip as defined in the Dictionary, but does not include a reference to an area so far as the area is declared, under another law of this jurisdiction, not to be a road related area for these Rules. Note 1. Shoulder is defined in rule 12. Note 2. The Minister administering the Act may, by order under section 18 of that Act, declare that provisions of the road transport legislation do not apply to a road or road related area or do apply to a specified area of the State that is open to or used by the public. The road transport legislation includes these Rules.

JM

1c means the cops were in their gleeful and NSW encouraged right to prey on the woman and make her feel ike a common criminal

I assume you are suggesting she was being booked for not wearing a helmet. From what I understand, a cyclist must wear a helmet whenever riding a bike in public. It does not seem to matter if this is on a road, a road related area, a shared path or a paddock. Not sure how this applies on beaches but maybe you have to ride below the high water mark.

No - NSW road rules apply to (not surprisingly), users of roads and road-related areas (as defined by JM).

You cannot be pinged for riding helmetless in other places (but be aware of just how broad 'road-related' is).

Yes - NSW road rules (helmet rules) apply to (surprisingly) users of any public space.

"(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals, (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles."

So yes - "a cyclist must wear a helmet whenever riding a bike in public"

I hope the lady hasn't been put off cycling.

RSS

Community Ads

© 2017   Created by DamianM.   Powered by

Badges  |  Report an Issue  |  Terms of Service