WHAT DOES THE LAW SAY…

What does the law says: DRAFT SAFETY OF CYCLIST REGULATIONS, 2013 – Western Cape Provincial Road Traffic Administration Act, 2012 (Act 6 of 2012).

Duties of a driver of motor vehicles when passing cyclists:

1. exercise due care while passing the cyclist.
2. leave a distance between the motor vehicle and the cyclist of at least 1
(ONE) meter (This distance was set by the PPA) iT IS NOT 1.5m as
many of us assume.
3. maintain that distance from the cyclist until safely clear of the cyclist.

Despite the 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 the subregulation or when passing a cyclist, encroach on the part of the road to his or her right, but only if:

1. it can be done without obstructing or endangering other persons or
vehicles.
2. it is safe to do so, and
3. it can be done and is done for a period and distance not longer than
is necessary to pass the cyclist.

Duties of a cyclists

When riding on a roadway a cyclist must –

1. keep as close as possible to the left edge of the roadway
2. give conspicuous driving signals
3. stop in the circumstances contemplated in regulation 307 (i presume
this is regarding normal traffic rules “stop signs/robots”)

A person may not ride a pedal cycle on a roadway

1. 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.
2. abreast of another cyclist proceeding in the same direction, except
passing that cyclist.
3. While wearing a headset, headphones or any listening device other
than a hearing aid.
4. While carrying another person on the pedal cycle, unless that pedal
cycle is specifically equipped to carry more than one person.

Lamps on pedal cycles:

A person may not ride a pedal cycle on a public road or pedal cycle lane during the period between sunset and sunrise unless:

1. the pedal cycle is fitted in the front with a head lamp capable of emitting
a white light.
2. the pedal cycle is fitted at the rear with a rear lamp capable of emitting
a red light.
3. the head lamp and rear lamp are kept lighted.

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, person 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.

Offences and penalty:

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 imprisonment for a period net exceeding one year.

Many thanks to our local traffic department for assisting in this: Dieter Reichert

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