New offences for cyclists – new law

Date : 18 Jun 2009

Cyclist involved in an accident

A cyclist (and perhaps riders of other non-motorised vehicles like scooters or skateboards) must now stop and help if they are involved in an accident where someone is killed or injured.

They must also exchange their name and address with other people involved in the accident and must report the matter to police.

Wheelchairs that travel at less than 10 km/hour have been excluded from this law.

Maximum penalties

In the case of serious injury or death the maximum penalty is:

  • 500 penalty units or 5 years jail for a cyclist who fails to stop and help
  • 40 penalty units or 4 months jail for a cyclist who fails to give their details or notify police
  • 120 penalty units or jail for up to one year for subsequent offences if a cyclist fails to give their details or notify police.

If the injury is not serious and person fails to stop, help, notify police or give their details the maximum penalty is:

  • 40 penalty units for the first offence
  • 120 penalty units or jail for up to one year for subsequent offences.

Property damage only

A cyclist must exchange their name and address with any others in an accident where property is damaged.

Maximum penalties

The maximum penalty is:

  • 2.5 penalty units or 7 days jail for the first offence
  • 5 penalty units or between 7 and 14 days jail for subsequent offences.

Careless or dangerous cycling

A cyclist may be charged with carless or dangerous ‘driving’.

The regulations make it clear that these careless driving offences cannot be dealt with by issue of an in infringement notice.

Maximum penalties

The maximum penalties are:

  • 120 penalty units or 12 months jail for dangerous driving
  •  6 penalty units for careless driving
  • 12 penalty units for a careless driving subsequent offence.

More information

Related pages

Penalty & fee units

Cycling & skating

Careless & dangerous driving

Driving & accidents

Related publications

Road to court

Fines

Related legislation

Road Legislation Amendment Act 2009 (new window)

Road Safety (General) Amendment (Careless Driving) Regulations 2009 (new window)