Good guide to the law affecting cyclists on dublincycling.com

Brendan Burgess

Brendan Burgess

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www.dublincycling.com

How to deal with a traffic collision

There are a number of legal provisions directly affecting cyclists in Irish road traffic law so what follows is an attempt to describe them and make them mor
www.dublincycling.com

For example:
Do I have to use a cycle lane/track/path where one is provided?

In short - No!

The tendentious ‘mandatory-use’ provision of SI No. 182 of 1997 s. 14 - (3) “All pedal cycles must be driven on a cycle track where one is provided” was repealed in 2012 after successful lobbying by Cyclist.ie and Dublin Cycling Campaign over many years. We take full credit for its repeal. It was a tough fight. Unfortunately fairly soon after this amendment was introduced, the Director of Public Prosecutions apparently raised doubts about its standing with the Department of Transport. A further amendment was introduced in summer of 2018: http://www.irishstatutebook.ie/eli/2018/si/321/made/en/print. It is no longer mandatory to use a cycle track unless it is a designated contra-flow type or a track through a pedestrian zone.

However we doubt that An Garda members have been briefed about its repeal. Bus, coach and taxi drivers certainly don’t know or accept that it has gone as witnessed by the abuse cyclists are getting when they cycle in the bus lane on say the N11 where there is a parallel off-road cycle path.
 
Still I can't find an authoritative answer with links to the relevant legislation to answer if pedestrians are allowed to walk on cycle paths.

Brendan
 
Section 68 Road Traffic Act 1993 probably is relevant

Depends on how the cycleway signage. RUS 009 would be exclusively for cyclist. RUS 058 is shared.

Of course every road user has a duty of care to other users so if someone strays over a painted line doesn't give a right to plough into them!

Cycleways.

68.—(1) In this section “cycleway” means a public road or proposed public road reserved for the exclusive use of pedal cyclists or pedal cyclists and pedestrians.

(2) (a) A road authority may construct (or otherwise provide) and maintain a cycleway.

(b) Where a road authority constructs or otherwise provides a cycleway it shall by order declare either—

(i) that the cycleway is for the exclusive use of pedal cyclists, or

(ii) that the cycleway is for the exclusive use of pedal cyclists and pedestrians.

(c) Any person who uses a cycleway in contravention of an order under paragraph (b) shall be guilty of an offence.
 
Olympian

That is great thanks.

Olympian said:
Of course every road user has a duty of care to other users so if someone strays over a painted line doesn't give a right to plough into them!
Click to expand...

But what about the idiots who just choose to walk in cycle lanes? Do I owe them a duty of care?

I watch out for kids. And ring my bell.

But adults should know better.

I am a bit more patient given the social distancing - people are likely to just cross the line when they see someone else walking towards them.

Brendan
 
Brendan Burgess said:
But what about the idiots who just choose to walk in cycle lanes? Do I owe them a duty of care?

Brendan
Click to expand...
Yes! You absolutely do. Just as a motorist owes a duty of care to a pedestrian who just chooses to walk drunkenly in the middle of the road. You can't just mow them down, you know. Even if they deserve it.
 
Brendan Burgess said:
www.dublincycling.com

How to deal with a traffic collision

There are a number of legal provisions directly affecting cyclists in Irish road traffic law so what follows is an attempt to describe them and make them mor
www.dublincycling.com

For example:
Do I have to use a cycle lane/track/path where one is provided?

In short - No!

The tendentious ‘mandatory-use’ provision of SI No. 182 of 1997 s. 14 - (3) “All pedal cycles must be driven on a cycle track where one is provided” was repealed in 2012 after successful lobbying by Cyclist.ie and Dublin Cycling Campaign over many years. We take full credit for its repeal. It was a tough fight. Unfortunately fairly soon after this amendment was introduced, the Director of Public Prosecutions apparently raised doubts about its standing with the Department of Transport. A further amendment was introduced in summer of 2018: http://www.irishstatutebook.ie/eli/2018/si/321/made/en/print. It is no longer mandatory to use a cycle track unless it is a designated contra-flow type or a track through a pedestrian zone.

However we doubt that An Garda members have been briefed about its repeal. Bus, coach and taxi drivers certainly don’t know or accept that it has gone as witnessed by the abuse cyclists are getting when they cycle in the bus lane on say the N11 where there is a parallel off-road cycle path.
Click to expand...
Doesn't that 2018 S.I. say the opposite? Where can I find those sign definitions?

The 2012 S.I. was a disaster. Leo Varadkar had promised to introduce legislation to make cycle lanes non-mandatory. The story goes that at the last minute Leo or the Dept decided against it. The relevant section was taken out of the body of the S.I. but they forgot to take out the relevant section of the explanatory note and this led to confusion.

I was on to the Dept of transport many times about inaccuracies in the rules of the road directly as a result of the mess they created and they refused every time stating that the rules of the road were in line with legislation as it was at the time.
 
Brendan Burgess said:
The tendentious ‘mandatory-use’ provision of SI No. 182 of 1997
Click to expand...

Not long after that came in I remember a very senior Garda was questioned about it on the news saying they wouldn't be enforcing that rule, as to do so would mean they would also have to start penalising vehicles that parked in cycle tracks. He went on to say they wouldn't do that as they had a duty to maintain the commercial activity of the city!
 
Brendan Burgess said:
Olympian

That is great thanks.



But what about the idiots who just choose to walk in cycle lanes? Do I owe them a duty of care?

I watch out for kids. And ring my bell.

But adults should know better.

I am a bit more patient given the social distancing - people are likely to just cross the line when they see someone else walking towards them.

Brendan
Click to expand...

That's why we need fully segregated cycle paths. With planters.
 
Why does every thread about cyclists end up talking about cycle lanes/paths/tracks?
 
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