Overtaking on the left

 

This right for bike riders creates one of the most confusing situations for riders and drivers to negotiate. Simon Vincett explains the Australian road rules with practical examples.

Bikes are the only vehicles on the road in Australia that can legally overtake other vehicles on the left [RR141]. This special entitlement follows logically from the conventions that bike riders are required to keep left, that bike lanes are usually located on the far left side of the road, and that motorists expect to be able to overtake bike riders to the right when space and road rules allow.

The right to overtake on the left allows bike riders to proceed past congested motor vehicle traffic and access a bike box at the front of the traffic lane where one exists—it’s one of the efficiencies of bike riding.

But this special right of bike riders frequently causes confusion about who has right of way—specifically when a motorist wants to turn left at an intersection or driveway but the bike rider is proceeding straight ahead. Crash stats tell us that the left side swipe is the seventh most common crash type for bike riders.

Intuitive infrastructure certainly helps. Bike lanes that run all the way to the intersection [see figure 1] give bike riders certainty as to where they should position themselves, smoothing the negotiation of who gives way to whom. Bike storage boxes or advanced starting lines guide riders to position themselves in a location that is in clear view of motorists at the lights. This reduces the risk of left turn side-swipe collisions and allows bikes to get ahead of motorists so that they are in clear view.

The presence of bicycle infrastructure right up to the intersection increases the conspicuity of bike riders and should alert other road users that due caution on their behalf is also required. But even if there are no road markings—even a basic bike lane—motorists should expect a bike could be on their inside as they prepare to make a left turn.

The other key factor in minimising conflict when motorists turn left is appropriate speed. A motorist must slow sufficiently for a comprehensive check to see if a bike is on their left before they turn, and must give way where appropriate. A bike rider must slow sufficiently to prepare to stop and give way if the motorist takes the right of way.

The road rule says that a bike rider must give way to a motorist indicating and turning left at an intersection. The motorist must be both indicating and turning—queuing and indicating on the departure road is not covered by this rule. [RR141(2)]

So if a car is indicating to turn but it cannot proceed because of pedestrians crossing for instance [Fig 1], what should a bike rider do: continue or stop? Legal opinions differ. One interpretation is that the bike rider should wait until the vehicle has made its turn, then proceed. Under this interpretation, the vehicle is said to be already in the act of turning.

Under the alternative interpretation, turning is a process that involves a series of actions, and when one of this actions stops, then the vehicle is not in the act of turning, so the bike is clear to continue. This seems more logical and consistent with the wording of the road rules. Again, caution remains the better part of valour.

Road rule 148A does provide help as it makes it is clear that  drivers must give way to cyclists already in a lane when the driver is moving from the right to the left of a lane.

This often occurs, but not always, with a driver sometimes refusing to give way and forcing the bike rider to stop, hopefully with an acceptable margin of safety [Fig 2].

The speed at which both parties are travelling makes a big difference—both will make their own judgement of the safest course of action depending on their actions. As with much interaction between road users, the best approach is to allow for some give and take, slow to an appropriate speed and be clear with your communications.

Bear in mind it can be difficult—sometimes impossible—for drivers to see a bike to their left and, therefore, riders should be prepared to give way, even if they believe they have right of way. Left hand blind spots are particularly extensive for large vehicles such as trucks, buses and coaches. See our article ‘Turning blind’ about vehicle blind spots. Motorists need to be vigilant about checking if the left is clear before turning and indicating their intentions well in advance.

Let’s look at some specific situations.

At an intersection

Whether there’s a bike lane or not, bike riders are required to keep left. This means the rider may be to the left of a motorist at an intersection at which the motorist wants to turn left. This includes when a bike lane peters out before the intersection. [Fig 2] The two parties need to negotiate who will give way to whom, with guidance from the road rule that states that if any part of a vehicle in front, the other party must give way. [RR149]

In practice, if the rider is ahead of the driver, the driver will most likely give way. If the rider is behind the driver, the rider should give way but the motorist may give way to them. If the rider is behind the end of the motor vehicle, they should expect to give way and should call out “Stopping” to alert the riders behind them. However, each instance of this situation is negotiated by the parties involved and the prudent rider will be ready to give way or to move through and clear of the situation.

The motorist can, in accordance with the road rules [RR27], move to the far left side of the road in the lead up to the intersection to make a left turn. The bike rider then has to wait behind the motorist. The current national interpretation of the Road Rules allows for cars to enter the bike lane when turning left, although few do.

So if the bike lane leads to the threshold [Fig 1], it’s only in the intersection that the parties need to figure out who’s going to give way. As per the example above, whether the rider is ahead or behind the driver is a possible guide to who will give way, though every instance is negotiated.

A bike lane does afford a very helpful sense of space for bike riders and motorists possibly give way more readily when a bike lane leads through an intersection. Riders also tend to gain momentum when they form a line of bikes while a motorist waits to turn left. However, riders should be prepared to give way if a car is indicating and in the act of turning. [RR141(2)]  And again be aware of vehicle blind spots—they may not have seen you at all.

Motor vehicle turning into a driveway

Motorists can drive for up to 50m in a bike lane in order to leave the road, so this is an option for them for accessing a driveway [Fig 3]. They can also move to the extreme left of the road if there is no bike lane [Fig 4]. Doing so, in both cases, requires the driver to give way to the bike rider.

If the driver does not move over to the extreme left before the turn [Fig 3], they must comprehensively check there isn’t a bike on their left before making the turn and they must give way to any bike to their left. However, bike riders must be aware that drivers may not give way as they are meant to, and, therefore, the rider should be ready to give way if necessary to avoid a collision.

Is a bike lane a real lane ?

If there’s a bike lane marked, riders must use it, so it’s certainly real to us. The good news is that it’s got privileges that other road users must respect as well.

The road rules in Australia consider bike lanes as a “special purpose lane”, in the same category as a bus, tram, transit or truck lane. As a special purpose lane, other vehicles can cross or travel in the lane to: enter or leave the road; move to a service road or emergency stopping area; to overtake a vehicle turning right or making a U-turn from the centre of the road. In these situations they can travel in the bike lane for up to 50 metres, but only if necessary, and they must give way to cyclists before doing so [RR148, 158].

In addition drivers can travel in a bike lane to access a parking spot or to stop. [RR153] Taxis and buses are permitted to travel in a bike lane in order to drop off or pick up passengers. [RR 153]

RR indicates a road rule from the Australian Road Rules February 2012 version. Refer to your state road rules for local versions and penalties for infringements.

Illustrations by Karl Hilzinger.

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