New Cycling Laws FAQ New Cycling Laws FAQ
Cycling provides a number of benefits to the community including increased health and social equity, reduced health care costs, congestion and greenhouse gas emissions. The LGA and councils, in general, support the State Government’s initiatives to increase options and safety for people cycling.
From 25 October 2015, people driving are now required to give people cycling a wider berth when overtaking on a road. Additionally, people of all ages are now permitted to cycle on footpaths unless a sign is posted that specifically prohibits doing so.
Minimum Passing Distance
What has changed?
A provision has been added to Rule 144 of the Australian Road Rules to require a person driving to keep a minimum distance of one metre from a person cycling when passing in a 60km/h or less speed zone and 1.5 metres where the speed limit is over 60km/h. Previously, Rule 144 required a driver to keep a sufficient distance when overtaking a vehicle to avoid a collision. The change recognises that a person riding a bicycle needs adequate space to be safe when being passed by a motor vehicle.
This minimum passing distance applies to all types of motor vehicles, including cars, motorbikes, trucks and buses when passing a person cycling.
Do councils have a role in enforcing any aspect of this minimum passing distance?
No. The SA Police will enforce the minimum passing distance as part of their ongoing enforcement of the road rules. Councils do not have any jurisdiction in this area.
For more information see the fact sheet from the Department of Planning, Transport and Infrastructure:
Riding on Footpaths
What has changed?
Prior to 25 October 2015 only people aged 18+ cycling with a child under 12 years old were permitted to cycle on the footpath, or if the person held a medical exemption which permitted them to cycle on the footpath.
Now everyone can cycle on the footpath or on the road. When riding in a pedestrian area (footpath or shared use path), people cycling are required to keep left and give way to any and all pedestrians.
What responsibilities do people cycling have to ensure pedestrian safety on the footpath?
The interaction between people cycling and pedestrians is regulated in the Australian Road Rules.
When cycling on a footpath or shared path, a person cycling must:
- keep to the left unless it is impracticable to do so;
- give way to any person walking on the footpath or shared path;
- ring a bell or provide a verbal warning to alert people walking, if necessary, to avert danger. This could be just a friendly “hello” to make sure the person walking is aware that you are nearby; and
- exercise due care by travelling at a safe speed and being prepared to stop if necessary.
Under the Australian Road Rules, a person cycling may be charged with an offence in the same way as when a person drives a motor vehicle. This includes demerit points against a person’s driver’s license if they hold one or may prohibit someone from obtaining a license in the future.
In conditions of low light, a person cycling is required to display a white light to the front and a red light and reflector to the rear, so they can be seen by other road and path users.
If there is a marked bicycle lane on the road, do people cycling have to ride in it?
If a person is cycling on a footpath or shared use path they are not required to use an on road bicycle lane. If a person is riding a bicycle on the road and a bicycle lane is provided, they are required to use the bicycle lane during its hours of operation.
Will councils’ liability increase as a result of more people cycling on footpaths?
In South Australia, section 42 of the Civil Liability Act 1936 says a road authority (such as a council) will not be liable in a civil action for losses caused only by a failure on the part of the council to maintain, renew or repair a road which includes footpaths (statutory immunity). This has not changed. All Australian road authorities owe authorised users of footpaths (traditionally pedestrians) a general duty to take reasonable steps to address foreseeable risk of injury.
Road authorities have a duty to design and construct road networks in a way which complies with foreseeable use and relevant engineering standards. The statutory immunity does not apply if a road authority has acted in a way which actively creates a hazard, such as in faulty design or construction of public infrastructure creating a hazard. There is a risk that a failure to take into account the authorised use by people cycling in the design and/or construction phase of footpath management could lead to increased liability exposure in the event that any inadequacy caused or contributed to any of the identified risks materialising.
As road authorities having the care, control and management of footpaths, councils should continue to apply a robust risk management approach to road and footpath network management and review and revise existing plans and procedures to take account of the legislated change in use.
How does this change affect planning and design of future footpaths?
As road authorities under the Local Government Act 1999 and the Road Traffic Act 1961, councils provide and maintain road networks and exercise general and specific statutory powers in discharging that function. This includes managing footpaths to serve users.
Councils should review and, where necessary, revise road and footpath management plans to take into account the potential for increased bicycle traffic and implement future design, construction and management plans in accordance with their regular maintenance programs. South Australians were previously allowed to ride bicycles on footpaths as long as they were accompanying a child under 12 years old. Changes to the legislation means that councils’ planning, design and management of footpaths post 25 October 2015, and therefore their road (including footpath) network management plans or strategies will need to be revised to account for the risks.
Can councils ban people riding bicycles on footpaths?
Yes. Under the Instrument of General Approval for the use of Traffic Control Devices from the Minister for Transport and Infrastructure, dated 22 August 2013, councils have general approval to install traffic control devices including the ‘No bicycles’ pavement marking, or the ‘No Bicycles’ (R6-10-3) sign in accordance with the Australian Standard AS 1742.9 Manual of Uniform Traffic Control Devices Part 9: Bicycle facilities.
The Instrument of General Approval allows councils to legally install traffic control devices under section 17 of the Road Traffic Act. The conditions of this general approval are stated in the Instrument. One of the conditions (Clause A3 of the Instrument) is that traffic control devices conform to the applicable Australian Standards and Part 2 - Code of Technical Requirements (The Code). The Code refers to and invokes the applicable Australian Standards and takes precedence over the Australian Standards where South Australia’s practices differ. The Code also requires compliance with other DPTI standards and documents, such as the DPTI Standard Road Sign Index and the Pavement Marking Manual.
Where should a council install ‘no bicycle’ signs?
As the road authority, the process for determining if ‘no bicycle’ signs are appropriate and, if so, where they are appropriate, is up to each individual council.
What sign is to be used?
A sign may either be erected on a post or applied onto the pavement in which bicycles are prohibited.
The Department for Planning Transport and Infrastructure (DPTI) Standard Road Sign Index and Pavement Marking Manual specify the dimensions, details and provides guidance for appropriate use. These documents have been developed to conform to the Code of Technical Requirements and take into consideration the relevant road rules and Australian Standards.
For cycling on footpaths, the relevant road rule is Australian Road Rule 252 and the relevant Australian Standard is AS 1742.9 Manual of Uniform Traffic Control Devices Part 9: Bicycle facilities.
Dimensions of the ‘No Bicycles’ pavement marking are specified in DPTI’s Pavement Marking Manual(see pageB-20)
Details of the ‘No Bicycles’ (R6-10-3) sign are specified on the DPTI Standard Road Sign Index(search for ‘bicycle’)
All documents are available from the DPTI web site ( At the request of the LGA, DPTI is reviewing guidance on sign and pavement marking details, including size of pavement markings. Department staff are happy to assist councils with signage requests.
How frequently should a council install ‘no bicycle’ signs?
Due to the designation of the zone in which the signs will operate, signs may need to be placed frequently along footpaths. The frequency of sign placement is dependent upon the configuration of the road and footpath.
The ‘zone’ in which a sign operates is prescribed as the length of road or footpath beginning at the sign or marking and ending at the nearest of the following:
(a)a bicycle path sign or bicycle path road marking;
(b)a bicycle lane sign;
(c)a separated footpath sign or separated footpath road marking;
(d)a shared path sign;
(e)an end no bicycle sign; or
(f)the next intersection.
Can councils use by-laws to ban people cycling on sections of footpaths?
No. Only the Adelaide City Council has an express statutory power to regulate the use of people cycling in a pedestrian area through the use of by-laws.
It is conceivable that a council could make a valid cycling by-law on the basis of section 667(1)(9)(XVI) of the Local Government Act 1934, provided that the by-law was neither inconsistent with a State law nor an unreasonable interference with rights established by law. However, this section will be repealed when Part 2, Schedule 1 of the Local Government (Accountability and Governance) Amending Act 2015 commences.
What is the speed limit on footpaths for people cycling?
By law, a person cycling on a footpath is required to give way to people walking and to exercise due care by travelling at a safe speed and being prepared to stop if necessary. Although the speed limit that applies to footpaths is that of the adjacent road or the default speed limit, people cycling moderate their speed (for their own safety as vulnerable road users) based upon the local conditions and environment.
Can councils apply a separate speed limit to footpaths?
No, councils do not have the delegated authority to apply a separate speed limit to footpaths. Councils must seek separate approval from the Commissioner of Highways under section 2.3 of the Code of Technical Requirements (R4 series).
But don’t motorised wheelchairs have a separate footpath speed limit?
No, motorised wheelchairs do not have a separate speed limit; the device itself is required to be speed-limited. People using motorised wheelchairs are classified as pedestrians as long as their device cannot travel more than 10k/h on level ground.
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