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A broad, inviting path runs beside the picturesque bayside waterfront at the Wynnum Esplanade. It is a popular place for a stroll or cycle. For much of its length, the path is for the shared use of bicycles and pedestrians. Similar “shared paths” are found around Brisbane and throughout the State of Queensland.

Most users of the path are considerate. However, a very small number stroll along in large groups, occupying the whole path. They make no effort, even when requested, to leave room on the path for the faster walkers, runners, and bicycles to get by. On local community Facebook groups, some trumpet a belief in their legal right to obstruct the path as they please. Those few entitled people are not only rude and inconsiderate, but wrong about the law. They are breaking the law, and committing an offence.

The relevant rules are:

1. A pedestrian must not unreasonably obstruct the path of any rider (r.236(2)). To do so is an offence, punishable by a fine of up to $2,669.00 (20 penalty units).
2. A pedestrian must not cause a traffic hazard by moving into the path of a rider (r.236(1)). This is also an offence, punishable by a fine of up to $2,669.00 (20 penalty units).

But I’ve looked up those laws, and they say “driver” not “rider”?

In the Road Rules, “reference to a driver includes reference to a rider” unless it expressly says otherwise (r.19). A “rider” is “the person who is riding.. a bicycle” (r.17)

But those laws surely apply to pedestrians on roads, not on shared paths?

The Road Rules apply also to paths to be shared by pedestrians and bicycles.

The Road Rules say that they apply to “roads” and “road related areas” unless otherwise stated in a particular rule (r.11). A “road related area” includes “an area that is not a road and which is open to the public and designated for use by cyclists” (r.13(1)(c)). A pathway for bicycles and pedestrians to share is therefore a “road related area”[1] to which the Road Rules apply.

But Rule 236 has its own definition of “road” so the offences in paragraphs (1) and (2) don’t apply to shared paths?

That’s an easy mistake to make, but it’s not correct. The offences apply to pedestrians on a shared path. It is true that there is a more narrow definition of “road” in paragraph (7) of Rule 236. But if you read the Rule carefully, you will see that the word “road” does not appear anywhere in paragraphs (1) & (2). The offences in those paragraphs apply generally wherever the Road Rules apply. Paragraph (7) narrows the application for the roadside vending offences in paragraphs (4) & (5).

But Pedestrians Have Right of Way!!!

This is the major sticking point for the selfish minority of pedestrians who feel entitled to take up the whole path. Cyclists must give way to pedestrians (r.250).

The duty to give way is a duty on the cyclist, not a “right” of the pedestrian. There is no contradiction between the cyclists’ duty to give way, and the pedestrians’ duty not to unreasonably obstruct the path. If the cyclist is obstructed, they must avoid the pedestrian. The pedestrian, if the obstruction is unreasonable, is still breaking the Rules.

It only takes a moment’s thought to understand. Imagine you are driving a car, about to enter a roundabout. A large truck has entered the roundabout to your right. You know you must give way to the truck (r.114). But if the truck, for no good reason, decides to stop on the roundabout and block all the traffic, you would not be surprised to hear that the truck is breaking the law by unreasonably causing an obstruction (r.125). Just because you must give way does not mean that the other driver has a right to make a nuisance of themselves.

The rule that cyclists must give way works together with the rule that pedestrians must not unreasonably obstruct the cyclist. The two rules complement each other.

The rules explained here apply to “shared paths”. Different rules apply to pedestrians on roads, designated bicycle paths, footpaths, and separated footpaths.

So, if just being considerate member of society is not enough reason for you to leave some room for others, maybe knowing you could be fined or taken to court will change your mind!

[1] … unless it is a “road”. For our purposes, it makes no difference, as the relevant Road Rules in r.236 apply to both “roads” and “road related areas”. Whether a shared path is a road might be a more complicated question. It requires referring to the definition in Schedule 4 of the Act. That definition is itself only an inclusive definition.