Transport Operations (Road Use Management—Road Rules) Regulation 2009
sec.139AExceptions for passing bicycle or personal mobility device rider
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sec.139A Exceptions for passing bicycle or personal mobility device rider
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 pass the rider of a bicycle or a personal mobility device that is travelling in the same direction as the driver if— the driver has a clear view of any approaching traffic; and the driving is necessary to comply with section 144A (1) for the passing of the rider; and the driver can do so safely. A driver on a road with a dividing line may drive to the right of the dividing line to pass the rider of a bicycle or a personal mobility device that is travelling in the same direction as the driver if— the driver has a clear view of any approaching traffic; and the driving is necessary to comply with section 144A (1) for the passing of the rider; and the driver can do so safely. 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 pass the rider of a bicycle or a personal mobility device that is travelling in the same direction as the driver if— the driver has a clear view of any approaching traffic; and the driving is necessary to comply with section 144A (1) for the passing of the rider; and the driver can do so safely. For the requirement to give a left or right change of direction signal, see section 46 or 48 . For subsection (3) , a dividing strip is taken to be at the same level as the road even if the dividing strip contains 1 or more pavement bars or markers. s 139A ins 2014 SL No. 26 s 8 amd 2022 SL No. 142 s 45 (sec.139A-ssec.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 pass the rider of a bicycle or a personal mobility device that is travelling in the same direction as the driver if— the driver has a clear view of any approaching traffic; and the driving is necessary to comply with section 144A (1) for the passing of the rider; and the driver can do so safely. (sec.139A-ssec.2) A driver on a road with a dividing line may drive to the right of the dividing line to pass the rider of a bicycle or a personal mobility device that is travelling in the same direction as the driver if— the driver has a clear view of any approaching traffic; and the driving is necessary to comply with section 144A (1) for the passing of the rider; and the driver can do so safely. (sec.139A-ssec.3) 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 pass the rider of a bicycle or a personal mobility device that is travelling in the same direction as the driver if— the driver has a clear view of any approaching traffic; and the driving is necessary to comply with section 144A (1) for the passing of the rider; and the driver can do so safely. For the requirement to give a left or right change of direction signal, see section 46 or 48 . (sec.139A-ssec.4) For subsection (3) , a dividing strip is taken to be at the same level as the road even if the dividing strip contains 1 or more pavement bars or markers.