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legality of riding in bike lane in VIC

Discussion in 'General Motorcycling Discussion' started by Toya, Oct 30, 2007.

  1. I am sorry in advance if this question has been asked before....I am working on a computer that has the slowest internet connection of all time and my search function is freezing all the time....

    I drive to work and have noticed over the last few months that a lot of motorbikes ride in the push bike lane.....I think this is a fantastic idea, but I cant help but wonder at the legality of it? I dont want to be the unlucky one that does it past a Police car and find out the hard way that its not allowed....

    So, does anyone know if this practice is legal?

    Thanks in advance
  2. Purely speculation, but I'd imagine it's illegal.
  3. Australian Road Rules

    153 Bicycle lanes:
    (1) A driver (except the rider of a bicycle) must not drive in a bicycle lane, unless the driver is permitted to drive in the bicycle lane under this rule or rule 158.

    158 Exceptions to driving in special purpose lanes etc:
    (3) It is a defence to the prosecution of a driver for an offence against a provision of this Division for driving in a bicycle lane, bus lane, tram lane, transit lane or truck lane if:

    (c) if the lane is a bicycle lane — the driver drives in the lane for no more than the permitted distance.

    (4) In this rule permitted distance means for a bicycle lane — 50 metres
  4. I've always wondered about mopeds (with pedals and motors) being in bicycle lanes.

    I'm not actually sure what the definition of a bicycle is... my push bike is (2 wheels no motor), but what about an electric assisted bike?

    What about a 200watt petrol motor assisted bike?

    What about a conventional moped with pedals and a motor that's registered? :?
  5. I know in NSW that if it has pedals, it's a bicycle and doesn't need registering... probably the same in Vic i would think
  6. In victoria if anything has a motor with a power output of greater than 200 watts it has to be registered (except for certain 4 wheel mobility scooters which are otherwise speed limited, or at least supposed to be).

    That why I was wondering about pedal mopeds in Vic (I suspect the situation isn't as clear cut as NSW).

    I did some quick searching of the NSW regs and came up with this (but I can't find anything similar for Victoria).

  7. The regs in Victoria changed when those pocket bikes became popular. The only thing counted as a bicycle now is something with pedals and an electric motor of less than 200w. Anything with a petrol engine is now classed as a motorcycle irregardless of power output or if it's got pedals.
  8. That would make those (allegedly) 200watt petrol auxiliary motors for push bikes against the law in Victoria then I would expect.

    They are still selling them in some cycle shops too!


    That leads to the odd situation in where I have a full motorbike license and where I can buy legally buy and fitt to my push bike a 200 watt, 500 watt or 750 watt auxiliary motor (petrol or electric) but if I choose a petrol motor or a 500 watt or 750 watt electric motor I not only need to have a motorbike license but I also have to register my push bike as a motorbike.

    Except I can't register my push bike (even if I wanted to) because it doesn't meet the registration requirements for a motorbike.

    Got to love government beaurocracy in full swing doesn't one
  9. Vicroads to the answer:
    "a bicycle is a vehicle that has one or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor)."
    "Bicycles may be fitted with an auxiliary motor, provided the motor is not capable of generating a power output of over 200 watts"

    So fitting an auxilary motor to a bike should be fine - but something that looks like a bike built with an engine standard, like a moped, would be classed as a motorcycle.
    Edit: Actually not sure about the ban on petrol engines, I'm sure I read it somewhere but it's not clear whether Vicroads intentionally use the term "motor" instead of "engine".
  10. By part 1 of that definition this would be ok :)

    I suppose my complaint about the Victoria regs is that they make no allowance (as do the NSW ones) for the fact that there are push bikes, mopeds and motorcycles... and try and shove everything into only 2 catagories (which isn't a good fit).


  11. Ahh found the answers http://webapps.vicroads.vic.gov.au/VRNE/vrbscat.nsf/e5ff054ca38faf2b052568550077d3e7/7e105c6d33e082beca256f95001c025d/$FILE/Motorised%20scooters(2a).pdf . Petrol engines are fine for bicycles, but scooters can only have electric.
    I don't think that moped would be classed as a bicycle since it wasn't built to be human powered - but to be human or engine powered.
  12. Oh and you're right about the ridiculousness of having only bicycles or motorcycles. In fact it has been suggested to the Vic government that a seperate moped licence/category be developed (and allow 16-18 year olds to ride them) but those recommendations have been ignored.