Cycling and the Law: Some Miscellaneous Q & A

Some discussions I’ve had this week about a couple of biking legal issues reminded me that it’s been a while since I last covered a few of these topics in earlier articles on cycling law in NZ. So, I thought I’d wrap up a few miscellaneous things that either didn’t fall into any particular category or I forgot to mention them the first time around.

(Disclaimer: this is my personal technical understanding and interpretation of the legislation; seek legal advice if you encounter some issues in relation to these rules)

Can you bike in a bus lane?
Yes, you can bike along here…

Generally yes, if it is signed and marked BUS LANE. If you are legally allowed to use a bus lane then you can also go when a “B” signal shows at the traffic lights too. The exception to all this is if the lane is signed/marked BUS ONLY, e.g. the ones on Tuam St by Hospital Corner.

Sorry, you can’t bike here…
Who’s at fault if a driver’s car door opens on me? What about a passenger door?

Regardless of how close you are riding to a parked (or moving) car, it is never legally your fault if someone opens their car door and hits you. But I’d still highly recommend you stay well clear to avoid getting doored in the first place…

Dooring – watch out, but the onus is on the car occupant…
Can I ride over a pedestrian zebra crossing? Do drivers have to stop for me?
Yep, sorry kids, you’ll probably have to walk your bikes across…

While arguably there’s nothing legally preventing you from riding across a zebra crossing, unfortunately drivers are under no obligation to stop for you (just pedestrians and riders of wheeled recreational devices or mobility devices). However, if you have a “dual crossing” for pedestrians and cyclists, then the Give Way signs oblige motorists to stop for you.

Yes, you can use a dual crossing on your bike (and motorists should stop)…
Can I bike straight ahead from a left-turn lane at an intersection?
Hmm, left arrow, but there’s a sharrow and an advance cycle box…

Technically no, but there are a few exceptions (and most people still choose to do so anyway). Sometimes sharrow markings are placed in the left-turn lane to give you an indication that you can still use that lane. And often a regulatory sign will also tell you that the left lane can be used for through manoeuvres by buses and bikes.

As the sign says… you can go straight ahead

I’ve also seen lefthand lanes that feature no lane arrows – problem solved then…

Well it doesn’t tell me that I have to turn left…
Can you get demerit points off your driver’s licence if you have a cycling infringement?

No, your driver’s licence is not linked in any way to your cycling behaviour; demerit points are related to motor vehicle offences. Unlike when driving, you are not obliged to carry your licence when cycling, and any poor behaviour on your bike can’t affect your driver licensing status. That doesn’t mean though that you won’t necessarily get ticketed for something else, like failing to give way, careless “driving”, or even speeding.

Fortunately these Police activities won’t affect you on a bike…

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I hope you have found these legal articles useful. If there is a particular query that I haven’t covered (and no doubt there are plenty…), please either comment here or drop me a line and I will try to address them.

Are there any other legal questions you have about cycling in NZ?

 

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