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Legislative Council
 
Road Safety Road Rules 2009 (Overtaking Bicycles) Bill 2015

18 March 2015
Statement of compatibility
SAMANTHA DUNN  (GRN)

 


Ms DUNN (Eastern Metropolitan) tabled following statement in accordance with Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities (the charter), I make this statement of compatibility with respect to the Road Safety Road Rules 2009 (Overtaking Bicycles) Bill 2015.

The main purpose of this bill is to amend the Road Safety Road Rules 2009 (the road rules) to require a driver or motorbike rider to maintain a minimum prescribed distance when overtaking a bicycle.

Under the road rules, all drivers and riders must leave a safe distance when overtaking. Clause 4 of the bill prescribes the safe distance to be 1 metre or 1.5 metres, depending on the speed limit that applies to the length of road.

Clauses 3 and 5 amend the road rules to provide exceptions to other road rules so that drivers and motorbike riders may legally move the prescribed distance to the right to overtake a bicycle, when it is safe to do so.

The prescribed safe distance applies only to drivers and motorbike riders overtaking a bicycle, but not to bicycle riders overtaking a bicycle. However, drivers and riders are not distinct groups of people, so section 8 of the charter is not engaged.

The bill protects the right to life expressed in section 9 of the charter by enhancing the safety of vulnerable road users.

I consider the Road Safety Road Rules 2009 (Overtaking Bicycles) Bill 2015, as introduced to the Legislative Council, is compatible with the human rights protected by the charter.

Samantha Dunn, MLC