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Cyclists and name and address

Information about when police or an authorised person can ask a cyclist for their name and address.

Police can only demand a cyclist to provide their name and address if they have a reasonable belief that the cyclist:

  • has committed an offence
  • is about to commit an offence, or
  • can assist in their investigations of an indictable offence.

This is because bicycles are not classed as motor vehicles under Road Safety Act 1986 (Vic). The section of Road Safety Act 1986 (Vic) that enables police to demand name and address specifically refers to person driving or in charge of a motor vehicle so this excludes cyclists.

The police power to demand name and address for cyclists comes from general power under Crimes Act.

See s. 456AA—Crimes Act 1958 (Vic)(opens in a new window).

Police power to arrest without warrant

If police believe that a cyclist has committed an offence under Road Safety Regulations they can arrest person without a warrant if they:

  • refuse to provide their name and address or
  • give name and address that police suspect is false.

See s. 76(1)—Road Safety Act 1986 (Vic)(opens in a new window).

More information

Legislation

Crimes Act 1958 (Vic)

  • Pt 3 Div. 1 Sub div. 29A—giving name and address on demand
    • s. 456AA—requirement to give name and address

See Crimes Act 1958 (Vic)(opens in a new window).

Road Safety Act 1986 (Vic)

  • s. 3—motor vehicle defined
  • s. 59—driver or person in charge of a motor vehicle on a highway must stop vehicle and produce driver licence for inspection if requested or signalled to do so by police or VicRoads officer or officer or Dept of Infrastructure
  • s. 76(1)—power to arrest person without warrant if police suspect they have committed an offence and refuse or give false name and address
  • Schedule 2 clauses 42—49 list sorts of regulations that can be made which will be included as offence that if suspected, police may arrest without warrant

See Road Safety Act 1986 (Vic)(opens in a new window).

Road Safety Road Rules 2017 (Vic)

  • r. 15(1)(b)—bicycle is included in definition of vehicle
  • r. 16(1)—definition of driver specifically excludes someone riding bicycle
  • r. 17—defines rider as a person in control of a bicycle, but not beside and pushing the bicycle

See Road Safety Road Rules 2017 (Vic)(opens in a new window).

Updated