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Do Demerit Points Apply To Cyclists in WA?

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A question often asked in the Australian Cycling Forums is do demerit point offences apply to cyclists in Australia. Well in the case of Western Australia the answer is simply no.

The Road Traffic Act 1974 section 104A states:

104A. Demerit point offences in WA

(1) The regulations may prescribe an offence under this Act as a demerit point offence in WA, and specify the number of demerit points applying to the offence.

(2) An offence cannot be a demerit point offence in WA unless it involves the driving or use of a motor vehicle.

(3) Regulations referred to in subsection (1) may distinguish between offences according to the circumstances in which they are committed.

[Section 104A inserted by No. 54 of 2006 s. 31.]

The key point is 104A(2) which states that an offence cannot be a demerit point offence unless the offence involves the driving or use of a motor vehicle. Bicycles, being human powered vehicles fall outside this definition.

 

Trackbacks/Pingbacks

  1. ROAD RULES: How does the WA Road Code Apply to Cyclists? - Aushiker: Bicycling & Hiking in Western Australia – Aushiker: Bicycling & Hiking in Western Australia - August 15, 2011

    […] Regulation 104A. Demerit Point Offences in WA Regulation 108(3). Obstruction of vehicles and pedestrians. Regulation 122(4). Overtaking Regulation 130. Riding 2-wheeled vehicle alongside more than one other rider. Regulation 204. Pedestrians on part of path designated for bicycles only. Regulation 211. Riding bicycles. Regulation 212. Carrying people on bicycle. Regulation 213. Riding in bicycle lane. Regulation 214. No riding across road on crossing. Regulation 215A. Entering bicycle storage area on bicycle. Regulation 215B. Giving way while entering or in bicycle storage area on bicycle. Regulation 215. Riding on wrong part of seperated footpath. Regulation 216. Shared patsh and seperated footpaths. Regulation 217. Riding to the left of oncoming bicycle riders on path. Regulation 218. No bicycles signs and markings. Regulation 219. Bicycle riders not to cause obstruction. Regulation 220. Towing bicycles. Regulation 221. Riding too close behind motor vehicle. Regulation 222. Protective helmets to be worn. Regulation 222A. Power assisted pedal cycles, protective helmets to be worn when riding. Regulation 223A. Passengers to wear protective helmets. Regulation 223. Riding with person on bicycle trailer. Regulation 224. Lights and other equipment on bicycles. Regulation 225. Red bicycle crossing lights Regulation 226. Stopping for yellow bicycle crossing light. Regulation 227. Proceeding when bicycle crossing lights change to yellow or red. Regulation 228. Riding a power assisted pedal cycle with power assistance engaged. Regulation 229. Proper control of bicycles. […]

  2. Cycling and the Law – Western Australia | Aushiker - February 5, 2013

    […] Do demerit points apply to cyclists? The short answer is no they do not.  The Road Traffic Act 1974 section 104A(2) states that an offence cannot be a demerit point offence unless the offence involves the driving or use of a motor vehicle. Bicycles, being human powered vehicles fall outside this definition. So cyclists are safe from loosing demerit points but we can still be fined for breaking the law. […]

  3. No demerit points while cycling | One Motorcyclist – 1 Motor Cyclist - August 7, 2013

    […] http://aushiker.com/road-rules-do-demerit-points-apply-to-cyclists/ […]

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