Dulwich Hill Bicycle Club

Last Sunday after not completing the RNP ride, 2 riders and myself were on our way back to Marrickville when we got pulled over by the Police as we turned left off Carrington Rd onto Myrtle St Marrickville.

The Police questioned us on why we didn't use the cycling lane on Carrington Rd since its available. After a 5 minute discussion they let us off with a warning saying that they've been asked to keep close attention to cyclist in the area not using cycling lanes when available.

I think the law is written in such a way that if you can give a good enough reason as to why you can't use it then you're ok. Things like safety (pit lids, branches and rubbish blocking them) and cars blocking access are good examples.

That's 5 minutes less time avail to capturing drug dealers

But a very efficient use of time if you are nefarious bike riding drug dealer!

As Strawburger has said, I believe the rule reads something along the lines of: 'you must use a cycleway unless it is not practicable to do so'.

Given that particular cycleway is used by young kids, and, in my opinion, has dangerous intersections, I think you could use the above argument.

Not to mention the fact that the cycleway leads to Meeks St so if you want to turn left onto Marrickville Rd it becomes too dangerous to cross Victoria Rd at Calvert.

see the legislation here and partly copied below. It applies if there is a 'bicycle lane'. Carrington Road and Myrtle St separated cycle paths are considered to be 'bicycle paths', not bicycle lanes. I believe this is because the bicyle path is in the Road related area - it is, like a shoulder, part of the "road related area".

247 Riding in a bicycle lane on a road

(1) The rider of a bicycle riding on a length of road with a bicycle lane designed for bicycles travelling in the same direction as the rider must ride in the bicycle lane unless it is impracticable to do so.
Maximum penalty: 20 penalty units.

Note. Rule 153 defines a bicycle lane and deals with the use of bicycle lanes by other vehicles.
(2) In this rule:
road does not include a road related area.

Note. Road related area includes the shoulder of a road—see rule 13.
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 lane end 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.
Note. Continuing road, intersection, marked lane and T-intersection are defined in the Dictionary.

239 Pedestrians on a bicycle path or separated footpath
(4) In these Rules:
bicycle path means a length of path beginning at a bicycle path sign or bicycle path road marking, and ending at the nearest of the following:

(a) an end bicycle path sign or end bicycle path road marking,
(b) a separated footpath sign or separated footpath road marking,
(c) a road (except a road related area),
(d) the end of the path.
Note.
Road related area is defined in rule 13.

bicycle path road marking means a road marking on a path, consisting of a bicycle symbol, the words “bicycles only”, or both the bicycle symbol and the word “only”.

Note.
Bicycle symbol is defined in the Dictionary.

end bicycle path road marking means a bicycle path road marking with the word “end”.

end separated footpath road marking means a separated footpath road marking with the word “end”.

separated footpath means a length of footpath beginning at a separated footpath sign or separated footpath road marking, and ending at the nearest of the following:

(a) an end separated footpath sign or end separated footpath road marking,
(b) a bicycle path sign or bicycle path road marking,
(c) a no bicycles sign or no bicycles road marking,
(d) a road (except a road related area),
(e) the end of the footpath.
Note.
Footpath and no bicycles road marking are defined in the Dictionary.

separated footpath road marking means a road marking on a footpath consisting of a pedestrian symbol and a bicycle symbol side by side, with or without the word “only”.

Note.
Pedestrian symbol is defined in the Dictionary.

It's tricky to know what it and isn't a bike lane. It turns out there are very few actual Bike Lanes (see above) and as John says above, they are more often bike paths, or just a marking on the road.

Here's some background.

From the article:

A Transport for NSW spokesman told me: "In NSW, we have shoulder lanes, bicycle lanes, bicycle paths, separated paths and shared paths and different road rules apply to each."

Scope to simplify the rules maybe?

I hope they don't simplify the law, as the 'simplification' will be to make the use of any form of bike path / lane / shared path mandatory for cyclists. Imagine our bunch rides being forced to use the separated bike path on Carrington Rd!

I once rode in the Carrington St path when I returned solo after dropping out of a group ride and found it really annoying, on the road you just ride but on the path you have to slow at each intersection as you need to give way to traffic in both directions. I really question how a bike path on a quiet street that crosses multiple intersections adds to anyone's safety.

Carrington Rd is quite busy during peak hours. I drive along it at least twice a week in the evening peak and see on average one rider. That would extrapolate to about 60 riders per hour that were not riding there before the cucleway was built. There wven more riders on it in the middle of weekdays. I ride Carrington on the road with DHBC Sunday morning bunches and on the path accompanying kids riding on a Saturday.

Unfortunately the give way signs on the bike path are a necessary evil. When driving my cage I'm often turning right onto Carrington coming from Wolliies and the bike path visibility is particularly poor, in part due to the tree. It only one cage with someone behind he wheels with less than perfect driving skills....

For the casual riders its a good path and won't make the hall of fame like this one;