Question: Are Cyclists legally reqd to use adjacent cycleways & not cycle on the road?

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Question: Are Cyclists legally reqd to use adjacent cycleways & not cycle on the road?

Submitted by GraemeH on 18 November, 2010 - 18:07
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NZ Herald, Nov 18, 2010 Reader's Forum

 Tamaki Drive Cyclists

Quote: "Cyclists are compelled by the road code to ride on cycle paths where they are provided.  ....I cannot sympathise with .... cyclists when they are defying the road code.  .... cyclists should use the area provided to them."  Unquote. 

So claims Ayrton Myers, St Heliers 

Presumably this person has no sympathy for the family of the 27 year old cyclist who was killed on Tamaki Dive in the early evening of 17 Nov 2010 ?

 Is the claim made in this letter to the Herald a lawfully accurate summary of the road code ?  If yes, then no cyclist is legally entitled to cycle Tamaki Drive.  They must cycle the adjacent shared pedestrian /cycle way on the seaward side ?

GraemeH

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Submitted by Anne F on 19 November, 2010 - 20:02

It is not complusory for cyclists to ride in cycleways, cycle lanes either on road or off road.

There is a perception from motorists, Councils & NZTA that once either a cycleway on or off road is provided, cyclists are required or will use them.

The reality is that many of these facilities... start, then stop start then stop again... such as Tamaki Drive.

Many Councils 'paint up' cycleways to look like cycleways, but are actually narrower than the AUSROADS minimum standards.  You'll see examples around New Zealand where the cycle stenil is wider than the cycleway.

Therefore in many cases, cyclists are safer to ride in the primary position, with 1-1.5 metres from parked cars, not weaving in and out behind parked vehicles, whether they are in a cycleway or not. 

I've been a member of CTAG cycle training advisory group and there is no legal requirement for cyclists to ride in cycleways, but obviously it is encouraged if it's the safest and best option.

Hope this helps

Anne, Nelson

Submitted by stephenw on 5 January, 2011 - 15:28

as I understand it, there used to be a provision in the road rules (i.e the national rules) requiring cyclists to use cycleways if there were there,  but that rule is no longer there.

Submitted by Tao Wells on 2 December, 2010 - 07:05

TIME To demand our legal entitlement to the road, Cyclists need to have their presence permanently recorded on the road. A widely space dot down the middle of each lane on all roads would gave clear indication of where a bycycle is entitled to be and the space it is LEAGALLY ALLOWED to have, therefore motor vehicle must slow down and pass when a space is available like any other legal entity on the road.

Submitted by peterjdaly on 8 December, 2010 - 16:24
I used to live in Auckland, and was part of the ACC Traffic Department. Historically, if a lane was provided, I understand that the bylaw under which it was formed required that cyclists actually used it. A related issue is one of motorcycists usuing bus lanes. It depends on the legislation under which the bus lane is formed. MCs can use the ones in Christchurch City, as they are formed by a bylaw which allows for it. However, a bus lane on a motorway is formed under some transirt act, which excludes MCs. I suspect that cycle lanes will have a similar arrangement. Best avenue for a final answer is to consult whoever established the lane. Clarify which legislation it is established under, and whether that legislation requires cyclists to use it. Who ever thought it would be easy.