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New traffic regulations affecting cyclists

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  • 22-10-2012 9:45am
    #1
    Banned (with Prison Access) Posts: 2,913 ✭✭✭


    S.I. No. 332/2012 — Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012.

    http://www.irishstatutebook.ie/2012/en/si/0332.html

    I havent gone through it all yet looks like they have made it legal to for cyclists to pass on the left in additionan circumstances


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Comments

  • Registered Users Posts: 9,316 ✭✭✭Mycroft H


    S.I. No. 332/2012 — Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012.

    http://www.irishstatutebook.ie/2012/en/si/0332.html

    I havent gone through it all yet looks like they have made it legal to for cyclists to pass on the left in additionan circumstances

    They seem to have made more cycle lanes legal (the ones with the shared pedestrain footpath). Yay


  • Registered Users Posts: 8,050 ✭✭✭buffalo


    To save people hunting out the relevant sections, I think these are them all.
    16. The Principal Regulations are amended—
    (d) in article 10—
    (ii) by substituting for sub-article (5) the following:

    (b) A pedal cyclist may overtake on the left where vehicles to the pedal cyclist’s right are stationary or are moving more slowly than the overtaking pedal cycle, except where the vehicle to be overtaken—

    (i) has signalled an intention to turn to the left and there is a reasonable expectation that the vehicle in which the driver has signalled an intention to turn to the left will execute a movement to the left before the cycle overtakes the vehicle,

    (ii) is stationary for the purposes of permitting a passenger or passengers to alight or board the vehicle, or

    (iii) is stationary for the purposes of loading or unloading.”,
    Amendment of Principal Regulations

    16. The Principal Regulations are amended—

    (e) by substituting for article 14 (inserted by article 6 of the Regulations of 1998) the following:

    “Cycle tracks

    14. (1) A cycle track shall be indicated by—

    (a) traffic sign number RUS 009 (with-flow cycle track) provided in association with traffic sign number RRM 022 (continuous white line) or RRM 023 (broken white line) which latter signs may be marked on the right hand edge of the cycle track or on the right hand and left hand edges of the cycle track,

    (b) traffic sign number RUS 059 (contra-flow cycle track) provided in association with traffic sign number RRM 022 (continuous white line) which may be marked on the right hand edge of the cycle track or on the left hand edge of the cycle track or on both sides, or

    (c) traffic sign number RUS 058 (shared track for pedal cycles and pedestrians).

    (2) The periods of operation of a cycle track may be indicated on an information plate which may be provided in association with traffic sign number RUS 009, RUS 059 or RUS 058.

    (3) Where a cycle track, provided by traffic sign number RUS 009 in association with traffic sign number RRM 022 (continuous white line) or RRM 023 (broken white line), is two-way, pedal cycles shall be driven as near as possible to the left hand side of each lane.

    (4) A pedal cycle shall be driven on a cycle track where—

    (a) a cycle track is provided on a road, a portion of a road, or an area at the entrance to which traffic sign number RUS 021 (pedestrianised street or area) is provided, or

    (b) a cycle track is a contra-flow cycle track where traffic sign number RUS 059 is provided and pedal cycles shall only be driven in a contra-flow direction on such track.

    (5)(a) A mechanically propelled vehicle, other than a mechanically propelled wheelchair, shall not be driven along or across a cycle track on the right hand edge of which traffic sign number RRM 022 has been provided, save for the purposes of access to or egress from a place adjacent to the cycle track or from a roadway to such a place.

    (b) A reference in paragraph (a) to driving along or across a cycle track shall include a reference to driving wholly or partly along or across a cycle track.

    (6) Where a vehicle is parked on that part of a road in relation to which traffic sign number RUS 009 is provided in association with traffic sign number RRM 022 or RRM 023 or traffic sign number RUS 059 is provided in association with traffic sign number RRM 022 or at a place where traffic sign number RUS 058 is provided, in advance of the commencement of the period indicated on an information plate which may accompany traffic sign number RUS 009, RUS 059 or RUS 058, the parking of the said vehicle shall cease and the vehicle shall be removed from that part of the road prior to the commencement of that period save where article 5(5) applies.

    (7)(a) A shared track shall be indicated by the provision of traffic sign number RUS 058 (shared track for pedal cycles and pedestrians) and the design displayed on the particular traffic sign number RUS 058 that is provided will indicate if the shared track is a non-segregated track where there is no visual or physical segregation of use between pedestrians and persons driving pedal cycles or if the shared track is a segregated track with a continuous white line on the track or a barrier provided along the length of the track signifying a separate area for use by persons driving pedal cycles and an adjoining separate area for use by pedestrians.

    (b) At a location where traffic sign number RUS 058 indicates that a shared track is non-segregated, as described in paragraph (a), pedestrians and persons driving pedal cycles may use that track.

    (c) At a location where traffic sign number RUS 058 indicates that a shared track is segregated, as described in paragraph (a), persons driving pedal cycles shall only use the area of the track that is designated on the sign for use by them and pedestrians shall only use the area of the track that is designated on the sign for use by them.

    (d) A mechanically propelled vehicle, other than a mechanically propelled wheelchair, shall not be driven along or across a shared track where traffic sign number RUS 058 is provided, save for the purposes of access to or egress from a place adjacent to the shared track or from a roadway to such a place.

    (e) A reference in paragraph (d) to driving along or across a shared track shall include a reference to driving wholly or partly along or across a shared track.

    (f) The end of a prohibition or of a restriction under this sub-article shall be indicated by the provision of traffic sign number RUS 058 accompanied by an information plate specifying the word ‘Críoch/END’.

    (g) In this sub-article, ‘pedestrians’ includes any person using a wheelchair, mechanically propelled, or otherwise.”,
    (s) by substituting for article 47 (as amended by Regulation 3 of the Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2011 ( S.I. No. 673 of 2011 )) the following:

    “Pedal cyclists

    47. (1) A pedal cyclist shall not drive a pedal cycle on a roadway in such a manner as to result in more than 2 pedal cyclists driving abreast, save when overtaking other pedal cyclists, and then only if to do so will not endanger, inconvenience or obstruct other traffic or pedestrians.

    (2) Pedal cyclists on a roadway shall cycle in single file when overtaking other traffic.

    (3) A pedal cyclist facing traffic sign number RTS 006 or RTS 007 (cycle traffic lights) in which one lamp is lit and which shows a symbol of a pedal cycle in green, may proceed beyond that traffic sign provided no other road user is endangered.

    (4) Where traffic sign number RTS 006 or RTS 007 (cycle traffic lights) is provided, and a lamp in that traffic sign is lit and shows a symbol of a pedal cycle in red, a person shall not drive a pedal cycle past the traffic sign.

    (5) Where traffic sign number—

    (i) RTS 006 is provided and a lamp in the traffic sign is lit on an intermittent basis showing a symbol of a pedal cycle in green, or

    (ii) RTS 007 is provided and a lamp in the traffic sign is lit showing a symbol of a pedal cyclist in amber,

    a pedal cyclist may not cross the road unless he or she has begun to do so while a lamp showing a symbol of a pedal cycle in green is lit on a constant basis.

    (6) Where an amber lamp in traffic sign number RTS 007 is lit on an intermittent basis, a person driving a pedal cycle may only proceed past the cycle traffic light where right of way is yielded to any pedestrian who has begun to cross the roadway or the cycle track at the traffic lights.”.

    RUS 009 (with-flow cycle track):
    RUS%20009.jpg

    RUS 021 (pedestrianised street or area)

    RUS 058 (shared track for pedal cycles and pedestrians):
    RUS%20058.jpg

    RUS 059 (contra-flow cycle track - UK version):
    _300x252_contra_flow_sign.jpg


  • Registered Users Posts: 257 ✭✭dited


    (4) A pedal cycle shall be driven on a cycle track where—

    (a) a cycle track is provided on a road, a portion of a road, or an area at the entrance to which traffic sign number RUS 021 (pedestrianised street or area) is provided

    Would the above tend to imply that it's no longer mandatory to use off-road cycle tracks?


  • Registered Users Posts: 5,112 ✭✭✭Blowfish


    dited wrote: »
    Would the above tend to imply that it's no longer mandatory to use off-road cycle tracks?
    That's what I was wondering. It seems to imply that you now only have to use cycle tracks in pedestrian and contra flow situations.


  • Registered Users Posts: 9,316 ✭✭✭Mycroft H


    dited wrote: »

    Would the above tend to imply that it's no longer mandatory to use off-road cycle tracks?

    I wouldn't think unless the original statute was removed


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  • Registered Users Posts: 257 ✭✭dited


    BX 19 wrote: »
    I wouldn't think unless the original statute was removed

    I think that the below indicates that it's replacing the relevant section of the original legislation (SI 182/1997) -
    (e) by substituting for article 14 (inserted by article 6 of the Regulations of 1998) the following: ....


  • Registered Users Posts: 8,050 ✭✭✭buffalo


    Blowfish wrote: »
    That's what I was wondering. It seems to imply that you now only have to use cycle tracks in pedestrian and contra flow situations.

    From what I recall from my correspondence with Leo, he wanted to make sure that if you had a one-way street with a contra-flow cycle track, it wasn't legal to cycle on the road in the contra-flow direction. Down with salmoning!


  • Registered Users Posts: 8,050 ✭✭✭buffalo


    BX 19 wrote: »
    I wouldn't think unless the original statute was removed

    I've amended my extracts, as dited pointed out, there is some replacement of the old statutes.


  • Registered Users Posts: 88 ✭✭youwhoglue


    dited wrote: »
    Would the above tend to imply that it's no longer mandatory to use off-road cycle tracks?

    Open to interpretation IMO

    1997:
    All pedal cycles must be driven on a cycle track where one is provided.
    2012 Amendment:
    A pedal cycle shall be driven on a cycle track where—


    (a) a cycle track is provided on a road, a portion of a road, or an area at the entrance to which traffic sign number RUS 021 (pedestrianised street or area) is provided, or


    (b) a cycle track is a contra-flow cycle track where traffic sign number RUS 059 is provided and pedal cycles shall only be driven in a contra-flow direction on such track
    Must is a lot stronger than shall though


  • Registered Users Posts: 5,112 ✭✭✭Blowfish


    If it wasn't replacing the 1997 bit, the 2012 amendment would be completely redundant though, which is what's making me wonder about it.


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  • Registered Users Posts: 88 ✭✭youwhoglue


    Blowfish wrote: »
    If it wasn't replacing the 1997 bit, the 2012 amendment would be completely redundant though, which is what's making me wonder about it.
    Article 14 is removed from the 1997 Requlations saying you must use the cycle lane but what replaces it doesn't make it clear whether or not you have to use the cycle lane.


  • Registered Users Posts: 3,619 ✭✭✭Enduro


    (4) A pedal cycle shall be driven on a cycle track where—

    (a) a cycle track is provided on a road, a portion of a road, or an area at the entrance to which traffic sign number RUS 021 (pedestrianised street or area) is provided, or

    I'm wondering about the interpretation of (4)(a)... Is it to be read as
    • Any track on road at the entrance to which traffic sign number RUS 021 is provided AND
    • any track on a portion of road at the entrance to which traffic sign number RUS 021 is provided AND
    • any track at an area at the entrance to which traffic sign number RUS 021 is provided

    OR
    • any track on a road, AND
    • any track on a portion of road, AND
    • any track at an area at the entrance to which traffic sign number RUS 021 is provided

    Two very different meanings! The second interpretation would make all on road cycle tracks mandatory, which obviously is not a good thing.

    Any opinions on which way it should be read?


  • Registered Users Posts: 88 ✭✭youwhoglue


    Enduro wrote: »
    .

    Any opinions on which way it should be read?

    IMO
    must is definite
    shall is optional


  • Registered Users Posts: 257 ✭✭dited


    Enduro wrote: »
    I'm wondering about the interpretation of (4)(a)... Is it to be read as
    • Any track on road at the entrance to which traffic sign number RUS 021 is provided AND
    • any track on a portion of road at the entrance to which traffic sign number RUS 021 is provided AND
    • any track at an area at the entrance to which traffic sign number RUS 021 is provided

    OR
    • any track on a road, AND
    • any track on a portion of road, AND
    • any track at an area at the entrance to which traffic sign number RUS 021 is provided

    IMO the latter interpretation would appear to be correct, unfortunately.


  • Registered Users Posts: 514 ✭✭✭jinkypolly


    Enduro wrote: »
    I'm wondering about the interpretation of (4)(a)... Is it to be read as
    • Any track on road at the entrance to which traffic sign number RUS 021 is provided AND
    • any track on a portion of road at the entrance to which traffic sign number RUS 021 is provided AND
    • any track at an area at the entrance to which traffic sign number RUS 021 is provided

    OR
    • any track on a road, AND
    • any track on a portion of road, AND
    • any track at an area at the entrance to which traffic sign number RUS 021 is provided

    Two very different meanings! The second interpretation would make all on road cycle tracks mandatory, which obviously is not a good thing.

    Any opinions on which way it should be read?

    Second one. 'shall' though is the get out.


  • Registered Users Posts: 465 ✭✭Undercover Elephant


    youwhoglue wrote: »
    IMO
    must is definite
    shall is optional
    That's wrong. "Shall" and "must" have the same legal meaning.


  • Registered Users Posts: 257 ✭✭dited


    youwhoglue wrote: »
    IMO
    must is definite
    shall is optional

    Much as I'd like to agree, I think "shall" in this context is synonymous with "must".


  • Registered Users Posts: 465 ✭✭Undercover Elephant


    The wording is far from clear, but I think it means they just made all cycle tracks compulsory, as long as they have a blue sign and a white line.


  • Registered Users Posts: 1,418 ✭✭✭NeedMoreGears


    In terms of the two interpretations above, I think the second is correct. RUS 021 refers to pedestrianised areas only and it wouldn't seem likely that cycle tracks are restricted to pedestrianised areas as the first interpretation would indicate.

    Shall and must are the same - they indicate an obligation.

    It seems they intend to tidy up some anomalies as regards cycle tracks on footpaths in that it would appear that all properly marked out and signed tracks are compulsary even those on the footpath. Anybody got a different view?

    I seem to recall that footpaths are formally part of the road but I don't remember why. Hence the obligation to use a track provided on the road would cover those on the footpath (if you see what I mean). Does that ring a bell with anyone?


  • Registered Users Posts: 465 ✭✭Undercover Elephant


    I seem to recall that footpaths are formally part of the road but I don't remember why. Hence the obligation to use a track provided on the road would cover those on the footpath (if you see what I mean). Does that ring a bell with anyone?

    That's correct - the definition goes back to the Roads Act, 1993:
    “road” includes—

    (a) any street, lane, footpath, square, court, alley or passage,

    (b) any bridge, viaduct, underpass, subway, tunnel, overpass, overbridge, flyover, carriageway (whether single or multiple), pavement or footway,

    (c) any weighbridge or other facility for the weighing or inspection of vehicles, toll plaza or other facility for the collection of tolls, service area, emergency telephone, first aid post, culvert, arch, gulley, railing, fence, wall, barrier, guardrail, margin, kerb, lay-by, hard shoulder, island, pedestrian refuge, median, central reserve, channelliser, roundabout, gantry, pole, ramp, bollard, pipe, wire, cable, sign, signal or lighting forming part of the road, and

    (d) any other structure or thing forming part of the road and—

    (i) necessary for the safety, convenience or amenity of road users or for the construction, maintenance, operation or management of the road or for the protection of the environment, or

    (ii) prescribed by the Minister;

    But there's a slight problem with this, because it makes that bit about the pedestrianised street redundant. A pedestrianised street is still a "road".


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  • Registered Users Posts: 88 ✭✭youwhoglue


    dited wrote: »
    Much as I'd like to agree, I think "shall" in this context is synonymous with "must".

    I take your point. The definitions are the same. But why the change from must to shall in the wording? It seems like a weak attempt at relaxing the rule. :rolleyes:

    When you e-mailed Leo did you take it that mandatory use of cycle lanes was going?
    http://www.boards.ie/vbulletin/showpost.php?p=80413160&postcount=122


  • Registered Users Posts: 1,418 ✭✭✭NeedMoreGears


    Thanks UE - just found the relevant section.

    http://www.irishstatutebook.ie/1993/en/act/pub/0014/sec0002.html

    A pedestrianised street probably gets covered under the definition of "footway", which itself is part of the road. I think the idea is that the term "road" covers everything and the specific signage etc defines how various components of the "road" may or must be used.

    But the bottom line is that use of cycle tracks is mandatory (as was always the case) but it's a little clearer (or not!) regarding those on footpaths.

    The one I'm not clear about at all are the off-road tracks, which don't seem to form part of the "road" - presumably they are covered elsewhere.


  • Banned (with Prison Access) Posts: 2,913 ✭✭✭galwaycyclist


    Thanks UE - just found the relevant section.

    http://www.irishstatutebook.ie/1993/en/act/pub/0014/sec0002.html

    A pedestrianised street probably gets covered under the definition of "footway", which itself is part of the road. I think the idea is that the term "road" covers everything and the specific signage etc defines how various components of the "road" may or must be used.

    But the bottom line is that use of cycle tracks is mandatory (as was always the case) but it's a little clearer (or not!) regarding those on footpaths.

    The one I'm not clear about at all are the off-road tracks, which don't seem to form part of the "road" - presumably they are covered elsewhere.

    See section 68 of the Act above a cycleway is a road set aside for cyclists or cyclists and pedestrians.

    A footway is that part of a road that is provided for pedestrians not being the roadway. A pedestrian street is a road from which vehicles are excluded.


  • Registered Users Posts: 2,004 ✭✭✭nomdeboardie


    Whoa - and right at the bottom, as an "Explanatory Note", he spells out what I was hoping was implied (reading between the lines):
    new and amended requirements for use of cycle tracks (only use of contraflow cycle track and of any cycle track in pedestrianised area is mandatory)


  • Registered Users Posts: 257 ✭✭dited


    youwhoglue wrote: »
    When you e-mailed Leo did you take it that mandatory use of cycle lanes was going?
    http://www.boards.ie/vbulletin/showpost.php?p=80413160&postcount=122

    Yes. Although his reply to me was a little vague, there were other indications that he intended to fully rescind mandatory usage:
    Deputy Seán Crowe asked the Minister his plans to remove the mandatory use requirement for cycle lanes; and if he will make a statement on the matter.

    Deputy Leo Varadkar: This is an easy one. The Deputy asks if there are plans to remove the mandatory use requirement for cycle lanes. The removal of the requirement to use cycle lanes where provided is one of the undertakings in the national cycle policy framework. Subject to finalising some safety aspects of the proposal, I hope to make the necessary amending regulations later in the year.

    Where a cycle lane is provided, cyclists are required to use it, even if it is damaged or in a bad condition or inappropriate to use it. The Government agrees that the regulation should be changed and it will be.

    Edit: And so he has! Well-spotted, nomdeboardie!


  • Registered Users Posts: 465 ✭✭Undercover Elephant


    So that suggests it ought to be read as:
    a cycle track is provided on:
    (i) a road,
    (ii) a portion of a road, or
    (iii) an area -
    at the entrance to which, in each case, traffic sign number RUS 021 (pedestrianised street or area) is provided


  • Registered Users Posts: 2,965 ✭✭✭Plastik


    My brain hurts. I think I'll just continue as I have been.


  • Registered Users Posts: 7,276 ✭✭✭kenmc


    So according to the little blurb at the bottom of the link in the first post, as and from 1 Oct 2012, we no longer are obliged to use a cycle track unless it is contraflow, and/or in a pedestrianized area.
    Finally.


  • Registered Users Posts: 88 ✭✭youwhoglue


    Whoa - and right at the bottom, as an "Explanatory Note", he spells out what I was hoping was implied (reading between the lines):

    Hurrah!
    (This note is not part of the Instrument and does not purport to be a legal interpretation)
    but it is the most logical.


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  • Registered Users Posts: 8,050 ✭✭✭buffalo


    ha! Thanks to those who spotted the explanatory note. I think my brain has been conditioned to ignore "Terms and Conditions" notices. :D


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