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PPA responds to new 2013 regulations pertaining to cyclists’ safety

PPA responds to new 2013 regulations pertaining to cyclists’ safety

20 November 2013: “It was with mixed feelings that we received the new Extraordinary Provincial Gazette 7194 of the Western Cape Government, published on 20 November 2013,” said PPA Chairman Steve Hayward.  The Gazette refers to the Western Cape Province Road Traffic Administration Act 2012 (Act 6 of 2012): Safety of cyclists’ regulations 2013.

“Firstly, while the Pedal Power Association accepts the fact that there is now a minimum legal passing distance of 1m between motorists and cyclists which will enable prosecution against motorists when required, we will keep campaigning for a 1.5m international best practise and stand by the comments we submitted in May this year on the on the Draft legislation,” Hayward said.

“We will also continue to campaign against the proviso that cyclists are required to ride as far left as possible at all times as this is against the advice of all authoritative texts on safe cycling.”

Hayward said that the PPA still queries the prohibition to carry another person on a bicycle as this regulation seriously affect poor people’s mobility, without making it safer. “There are many poor people in the Western Cape who transport children and others on their bicycles. Recreational cyclists are unlikely to be affected by this regulation,” he said.

On the issue of lights becoming compulsory for all cyclists intending to ride between sunset and sunrise, the Association is still of the opinion that the minimum requirements (if any) should be either a lamp (light), or a reflector front and back or reflective strips or other reflective material. “We know from personal experience that less than 1% of cyclists in poor neighbourhoods have lights, simply because they cannot afford it. Even where we have handed out free lights, we find that the lights often do not work after a year because the cyclists cannot afford new batteries.

“The reality is that poor commuting cyclists will not use lights, regardless of what is legislated. It will only serve to limit the claims of poorer cyclists against the Road Accident Fund.”

The National Regulation 178 recognised this, and permits lights, but does not require lights for bicycles.

Hayward confirmed that the Pedal Power Association will continue to campaign for these regulations to be changed on a national, as well as provincial level.

Click here to read more.

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PROVINCIAL NOTICE

DEPARTMENT OF TRANSPORT AND PUBLIC WORKS

P.N. 372/2013 20 November 2013

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)(c) 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

(c) 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 (c) 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

(c) 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;

(c) 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).

20 November 2013 Province of the Western Cape: Provincial Gazette Extraordinary 7194 5

 

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

(c) 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.