Riding without due care on footpaths and bikeways will become an offence in Queensland under proposed laws
Cyclists worried about being penalised for everyday riding activities — such as drinking from a water bottle — should not fear new careless riding laws in Queensland, according to the state government.
Bike riders and e-scooter users will face a fine of up to $6,192 if they do not ride with due care and attention on footpaths and bikeways, under the proposed new laws.
The legislation, which the government introduced to state parliament last month, is an extension of existing rules that already require cyclists to ride with due care while on the roads.
In its submission to the parliamentary inquiry examining the laws, the Brisbane Central Business District Bicycle User Group (CBD BUG) hit out at the penalty as a “draconian overreaction”.
In a statement, the Department of Transport and Main Roads (TMR) insisted riders would not be penalised for everyday riding behaviours, such as taking one hand off the handlebar to drink water.
“This is not an issue for existing careless riding offences on roads, which already apply to bikes, and will not be an issue for the extension to road-related areas,” a spokesperson said.
“Enforcement of the proposed new laws will be common sense and proportionate to risk.
“Police officers are well trained and operate under enforcement guidelines targeted at dangerous behaviours.”
The TMR spokesperson said what would constitute an offence would depend on the individual circumstances of an incident.
In its submission to the new laws, Bicycle Queensland said the definition of without due care was subjective.
Bicycle Queensland director of advocacy, Andrew Demack, said booking a cyclist for operating their bike without due care was open to interpretation by police officers.
“Our members are giving us feedback that they think that’s a bit of a concern,” he said.
A Queensland Police Service spokesperson said when a police officer suspected a person had committed an offence, they exercised judgement to determine the best way to proceed.
“Discretion is an officer’s freedom to make decisions on the job and to decide whether and how, within legal bounds, they enforce the law,” they said.
“A balanced approach is required to ensure community safety for all involved.”
(ABC)
