Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-qsmjn Total loading time: 0 Render date: 2024-04-16T18:53:56.178Z Has data issue: false hasContentIssue false

17 - Cycling and Australian law

from PART II - Strategies for change

Published online by Cambridge University Press:  25 July 2017

Margaret Grant
Affiliation:
Amy Gillett Foundation
Jennifer Bonham
Affiliation:
University of Adelaide
Marilyn Johnson
Affiliation:
Monash University, Melbourne
Get access

Summary

Introduction

Readers may expect this chapter to discuss laws about wearing a helmet, having lights and a bell, stopping at red lights and pedestrian crossings, using bicycle boxes, defined passing distance laws and other road safety rules. Some of these issues are mentioned, but they are not the focus of the discussion. Rather, the chapter is concerned with the law in relation to ‘making space for cycling’, and it is specifically aimed at those working on sustainable transport systems; academics responsible for designing courses about urban planning and transport; cycling and health promotion organisations; lobby groups; cycling advocates; and individuals interested in cycling safety. This chapter does not provide legal advice or information that can be relied upon in any legal situation.

The objective of this chapter is to stimulate thinking and provoke conversations by relevant stakeholders about the interface between the regulatory frameworks established by Australian law and the policy initiatives aimed at promoting sustainable transport and reducing death and injury of cyclists. This chapter argues that the current and future laws that apply to design and management of roads as well as road safety are key considerations in designing a road safety regulatory framework that makes space for sustainable and safe cycling in Australia. After a brief discussion of relevant concepts in Australia's legal system, the chapter examines some case studies to illustrate the current limitations of the law when cycling-related matters are dealt with by the courts. It introduces some of the laws that impact on cycling and then explores the role of the law in making space for cycling and the potential for reform in work health and safety laws to inform future regulatory frameworks in the context of cycling.

Fundamental concepts in Australian law

The legal system in Australia is a common law system, wherein laws are generally made through judges’ decisions (common law) and through legislation (statutory law) passed by the relevant parliament.

Type
Chapter
Information
Cycling Futures , pp. 407 - 428
Publisher: The University of Adelaide Press
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×