NOT HAVING FEET ON FOOTPEGS
Hi All,
Just recently I have been approached by a couple of people who have been charged by police for having removed their feet off the footpeg. Removing a foot off the footpeg whilst the bike is in motion is not unusual if one wishes to stretch a leg or test the road surface with your foot.
The law that governs this is the same as that which governs standing on footpegs and I refer you to my earlier article “STANDING ON FOOTPEGS” in that regard.
Reg 271 of the ROAD RULES governs this
Road Rules 2014
Part 16 Rule 271
271 Riding on motor bikes
(1) The rider of a motor bike that is moving (other than a rider who is walking beside and pushing a motor bike), or the rider of a motor bike that is stationary but not parked, must:
(a) sit astride the rider’s seat facing forwards, and
(b) if the motor bike is moving—keep at least 1 hand on the handlebars, and
(c) if the motor bike is moving—keep both feet on the footrests designed for use by the rider of the motor bike, unless the motor bike is moving at less than 10 kilometres per hour and either:
(i) the rider is manoeuvring the motor bike in order to park the motor bike, or
(ii) the motor bike is decelerating to come to a stop, or
(iii) the motor bike is accelerating from being stopped.
Maximum penalty: 20 penalty units.
(1A) The rider of a motor bike that is moving may:
(a) stand on the motor bike’s footrests or footboard designed for the rider’s use if:
(i) the rider has both feet on the footrests or footboard, and
(ii) in the circumstances, it is safe for the rider to do so, or
(b) remove a foot from the footrest or footboard designed for the rider’s use if:
(i) the rider is sitting on the rider’s seat, and
(ii) at least 1 foot is on a foot rest or footboard, and
(iii) in the circumstances, it is safe for the rider to do so.
As you will see from the above section excluding the obvious slow maneuver to park, or accelerating or decelerating from or to a stop a rider can be charged because there is a requirement to keep both feet on the footpegs. One can only remove a foot of the footpeg whilst the bike is moving, if seated, with the other foot on the footpeg and “in the circumstances, it is safe for the rider to do so”.
This leaves considerable discretion for police to charge a rider. However the exception to this is the defence that it was safe to do so in the circumstances and evidence will have to be adduced to that effect at hearing. Sometimes matters may be withdrawn without the need for hearing on discussions with the police or on representations being made to the prosecutors on electing that the matter be dealt with by the court.
The article as written is for your information and interest only and is based on New South Wales law only. It is not intended to be comprehensive, and does not constitute and must not be relied on as legal advice. Please be aware that every case is different and the matters I am raising may not be of specific relevance to your situation but may have a general application and you must seek specific advice tailored to your circumstances. I will also gladly talk to anyone on the phone if confused or want clarification.
Chris Kalpage
Kalpage and Co Solicitors
kalpageandcosolicitors.com.au
0418211074
