car SUN503 over white line

Over and Out

The lanes along Collins St are not legally cycling lanes;

153 Bicycle Lanes
[….]
(4) A bicycle lane is a marked lane, or the part of a marked lane:
(a) beginning at a bicycle lane sign applying to the lane, or a road marking comprising both a white bicycle symbol and the word ‘lane’ painted in white; and
(b) ending at the nearest of the following:
(i) an end bicycle lane sign applying to the lane, or a road marking comprising both a white bicycle symbol and the words ‘end lane’ painted in white;
(ii) an intersection (unless the lane is at the unbroken side of the continuing road at a T-intersection or continued across the intersection by broken lines);
(iii) if the road ends at a dead end – the end of the road.

as they have no bicycle lane signs and the road markings have been removed, but they do offer some protection to cyclists who can fit into the narrow corridor between the kerb and solid white line running along the left of the road. That is until this occurs.

car SUN503 over white line

So while we can determine that it is not a legal bicycle lane and cyclists can but are not obliged to use it, this driver continues to break the law under:

150 Driving on or across a continuous white edge line

(1) A driver must not drive on or over a continuous white edge line on a road unless subrule (1A) or (1B) applies to the driver.

Offence provision.

(1A) A driver may drive on or over a continuous white edge line on a road if the driver is:
(a) overtaking a vehicle that is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal; or
(b) driving a slow-moving vehicle, and is necessary for the driver to drive on or over the edge line to allow the vehicle to be overtaken or passed by another vehicle; or
(c) driving a vehicle that is too wide, or too long, to drive on the road without driving on or over the edge line; or
(d) permitted to drive on or over the edge line under another law of this jurisdiction; or
(e) avoiding an obstruction

(1B) A driver may drive on or over a continuous white edge line on a road for up to 100 metres if the driver is:
(a) turning at an intersection; or
(b) entering or leaving the road; or
(c) entering a part of the road of one kind from a part of the road of another kind; or
(d) stopping at the side of the road

(2) This rule does not apply to the rider of a bicycle or animal

And no, the driver of vehicle SUN503 would have a hard time arguing they were a slow-moving vehicle despite what some may say of the compact 1993 Toyota Corolla hatch.

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