Do we need licensing or registration for cyclists?

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For those who drive cars, watching rogue cyclists sail through red lights can seem unfair, and being stuck behind a slow-moving bicycle that’s hogging the lane can be annoying.

Whether motorists like it or not, cyclists have a right to be on the road – and most obey the road rules.

Some drivers believe that cyclists are not as accountable for road rules as they should be, and that they need to get insurance in case they injure other people.

The call for bike registration and rider insurance is one that many cyclists have heard for some years now – along with regular verbal abuse from behind car windows.

Do cyclists ‘get away’ with traffic offences?

Many believe that the anonymity of cyclists helps them to flout the law – arguing that bicycle registration is a quick-fix to the problem.

There is a perception that bike-riders ‘get away’ with all kinds of traffic infringements because they do not have registration plates.

But cyclists can be charged with many of the same traffic infringements as motorists, such as riding while under the influence of alcohol or dangerous riding.

That said, some argue that because bicycles have no registration plates, it is harder to bring their unruly conduct to the attention of police.

Cycling groups dispute this, pointing out that it is highly unlikely that police would take action against a motorist based solely upon a complaint by a member of the public.

Perhaps a better option, they argue, is to monitor hot-spots for alleged cyclist disobedience.

When it comes to insurance, cycling groups draw attention to the fact that the person most likely to be injured in the event of a collision is the cyclist themselves, and that third party insurance is nowhere near as important as it is for drivers.

That argument is supported by an RMS report which found that there is a far lower risk of injury or death caused by cyclists who ride dangerously or illegally than motorists.

Cycling groups further highlight the fact that there are several voluntary insurance schemes that riders can opt into, and which many already do.

Do we need a user-pays system?

Motorists argue that cyclists benefit from roads just as much as they do, and should therefore also have to pay for the privilege.

Those who drive pay registration for vehicles based on how much they weigh. For a car weighing up to 975kg, the fee for private use is $200.

The prices increase incrementally for heavier vehicles.

But based on this scale, cyclists would pay very little for registration; so little in fact that any money raised would simply be eaten up by administration costs.

Clearly, some other type or scale or set fee would have to be implemented for bicycle registration.

Cycling groups also point out that no other country in the world requires bike riders to be registered – and places that trialled it were quick to dump the idea.

And even the RMS has advised against introducing bicycle registration.

Should cyclists be required to get licences?

Last year, the NSW Minister for Roads and Transport Duncan Gay said he is becoming more and more convinced that a licencing system is necessary for cyclists, and even suggested banning bicycles from certain roads.

But as stated, cyclists who do the wrong thing are in a small minority – and in any case, would requiring cyclists to get a licence stop them from disobeying road rules? Simply making cyclists perform a written or practical test is certainly no guarantee against them riding irresponsibly.

Unlike those who drive cars, many bicycle riders are children, teens and students. At what age would a licence be mandatory, and what would happen to those under that age? Would they require constant supervision from a licensed bike-rider?

These are just some of the questions raised by the issue of bicycle licences.

There is the further concern that licences and registration would impact most heavily on young people, students and the disadvantaged – who are already unable to afford private transportation.

Introducing licences or registration could mean that bike riding may not be such a cheap option anymore, and make it much more difficult for people who are not well-off to travel from place to place.

All in all, there does not appear to be a convincing argument that a system of registration or licensing would make the roads safer or cyclists more accountable.

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About Ugur Nedim

Ugur Nedim is an Accredited Specialist Criminal Lawyer and Principal at Sydney Criminal Lawyers®, Sydney’s Leading Firm of Criminal & Traffic Defence Lawyers.

One Comment

  1. Jonathon Troy

    Hi Ugur
    In light of the new laws in NSW could you give us all an idea of what rights cyclists have when dealing with NSW police. There has been speculation that the ID requirement may be unconstitutional if applied to interstate visitors. I gather the SDRO has had difficulty in get motoring and other fines enforced with interstate visitors so it may be a case of good luck.

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