139AExceptions for overtaking or passing bicycle rider

139A Exceptions for overtaking or passing bicycle rider

(1)  A driver on a two-way road without a dividing line or median strip may drive to the right of the centre of the road to overtake or pass the rider of a bicycle that is travelling in the same direction as the driver if –

(a) the driver has a clear view of any approaching traffic; and

(b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the centre of the road to overtake or pass the rider; and

(c) the driver can do so safely.

Note Approaching, centre of the road, dividing line, median strip, traffic and two-way road are defined in the dictionary.

(2)  A driver on a road with a dividing line may drive to the right of the dividing line to overtake or pass the rider of a bicycle that is travelling in the same direction as the driver if –

(a) the driver has a clear view of any approaching traffic; and

(b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the dividing line to overtake or pass the rider; and

(c) the driver can do so safely.

(3)  For subrule (2), if the dividing line is a single continuous dividing line to the left of a broken dividing line, a single continuous dividing line only or 2 parallel continuous dividing lines, the hazard in driving to the right of such a dividing line must be taken into account in deciding whether it is reasonable to drive to the right of the dividing line.

(4)  A driver may drive on a dividing strip that is at the same level as the road, or on or over a single continuous line, or 2 parallel continuous lines, along a side of or surrounding a painted island, to overtake or pass the rider of a bicycle that is travelling in the same direction as the driver if –

(a) the driver has a clear view of any approaching traffic; and

(b) it is necessary and reasonable to drive on the dividing strip or painted island to overtake or pass the rider; and