The Western Cape province introduced tough new cycling legislation earlier this week, aimed at better behaviour by both cyclists and motorists on the roads of Cape Town and the province.  Other than newspaper coverage this week, there has been no communication to Western Cape residents, nor to tourists arriving from other provinces and from overseas.

The Western Cape Provincial Road Traffic Administration Act 2012 (Act 6 of 2012): Safety of Cyclists Regulations, 2013, places the following duties on motorists:

*   keep a distance of 1 meter from a cyclist (no longer 1,5 meters as initially recommended)

*   must pass a cyclist carefully, and are allowed to drive over a solid line into an oncoming lane to keep the specified distance from the cyclists, but only if there is no oncoming traffic (this sounds like a dangerous relaxation of the law, which in essence means that the motorist must give way, and thatthe right of way is given to the cyclist, to avoid getting closer than 1 meter to the bicycle)

Cyclists are now required to:

*   not ride abreast unless overtaking a cyclist, a serious problem on Camps Bay’s Victoria Road, where cyclists congregate on weekend mornings, and arrogantly appear to feel that they own the suburb’s road.

*   only ride in dedicated cycle lanes, where these are available (e.g. on Bree Street in the CBD, painted green)

*   if there are no dedicated cycle lanes cyclists must keep as far left of the road as is safe

*  not ride on the right hand side of the lane, except if overtaking a motor vehicle, or turning right, but must do so with care and consideration for the overtaken motorist or cyclist

*   riding signals must be clearly given by cyclists, and they must stop where required to.

*   may not transport another person unless the bicycle is a tandem

*   may not use headsets, headphones or any other listening devices. Hearing aids are allowed however.

*   must have a head lamp with white light and a rear lamp with red light switched on between sunset and sunrise. In poor visibility, when cyclists are not visible at 150 meters, head and rear lamps must be switched on too.

*   all bicycles must have a white retro-reflector in the front and a red retro-reflector at the rear of the bicycle.

*   the regulations may be waived for cycling events

Interesting is that the wearing of helmets by cyclists is not legislated.

The big question is how these regulations are enforced, and whom one would report errant cyclists and/or motorists to, especially as bicycles no longer have registration numbers.  This is the threat of punishment which the legislation contains: ‘Any person who contravenes or fails to comply with any provision of these regulations commits an offence, and on conviction is liable to a fine or to imprisonment for a period not exceeding one year‘.

Without proper enforcement of the cycling legislation, nor communication of the regulations to cyclists and motorists in the Western Cape province, the legislation will have no effect, and could result in more innocent cyclists being injured or losing their lives if there is not greater consideration by both parties for each other in the safer use of the road.

POSTSCRIPT 24/11:  Driving on Victoria Road in Camps Bay in very heavy traffic today, it was evident that the new legislation misses out on the duty of cyclists to remain 1 meter from motor vehicles.   The traffic was barely moving, yet bicycles were whizzing past on the left, being closer than 1 meter to the vehicles.

We call on the authorities to legislate safer and more considerate riding of motorcyclists and scooters too, whose drivers weave between motor vehicles and ride into oncoming traffic to overtake cars.

Chris von Ulmenstein, Whale Cottage Portfolio: www.whalecottage.com Twitter: @WhaleCottage