I Am A Cyclist Injured On A Victorian Road – Am I Covered By TAC?

If you are a bike rider in Victoria, it's important to know your rights under the Transport Accident Commission (TAC) scheme.

What is the TAC?

The TAC, or Transport Accident Commission, is an insurer for injury or death after a motor vehicle accident in Victoria. It is funded by road users who pay a transport accident charge when they register their vehicles. The TAC plays a critical role in road safety and provides compensation for people injured in motor vehicle accidents.

Am I covered by TAC as a cyclist?

Until approximately 2018, collisions between a motor vehicle and a bicycle were covered by TAC only if the bicycle collided with a moving vehicle, car door, or stationary vehicle, provided that the cyclist was on their way to or from work.

There is a strict legal framework which determines who may or may not be eligible to lodge a claim for compensation with the TAC. In order to lodge a claim for compensation, you will first need to meet the definition of what the law considers to be a 'transport accident'.

A 'transport accident' means an incident directly caused by the driving of a motor car or motor vehicle, a railway train or a tram.

An 'incident' includes an incident:

1. Directly caused by the driving of a motor car or motor vehicle, a railway train or a tram; or
2. Involving a motor vehicle, a railway train or a tram which is out of control; or
3. Involving a collision that occurred:
   1. between a pedal cycle and a stationary motor vehicle; or
   2. between a pedal cycle and an open or opening door of amotorvehicle;
4. Involving a collision between a pedal cycle and amotor vehiclewhile the cyclist is travelling to or from his or her place of employment; or
5. Involving the opening or closing of a door of a bus,tramorrailwaytrain.

What is a 'pedal cycle'?

Currently, there is no legal precedent that further narrows or defines the legal term 'pedal cycle'. Accepting an ordinary meaning of the term 'pedal cycle', it is a bicycle which has pedals and is propelled by the feet of its rider.

However, with the development of new technologies such as e-bicycles and motored-bicycles, the legal difficulty is working out whether the bicycle falls within the definition of 'pedal cycle' and not a 'motor vehicle'.

The term 'motor vehicle' under the Transport Accident Act 1986, has imported its meaning as set out in the Road Safety Act 1986. It means a 'vehicle that is used or intended to beused on a highwayandthat is built to be propelled by a motorthat forms part of the vehicle', but does not include:

1. A vehicle intended to be used on a railway or tram way; or
2. A motorised wheelchair capable of a speed of not more than 10 kilometres per hour, which is used solely for the conveyance of an injured or disabled person; or
3. A vehicle that is not a motor vehicle by virtue of a declaration published in the Government Gazette.

The Victorian Government Gazette provides some further insight and considers the following asnon-motor vehicles for the purposes of the Road Safety Act 1986 (Vic):

1. A bicycle, within the meaning of the Road Safety Road Rules 2017, if it is fitted with one or more auxiliary motors that has or have a combined maximum ungoverned continuous rated power output of 200 watts or less;
2. An electrically power-assisted cycle (EPAC) within the meaning of the Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 made under section 12 of the Road Vehicle Standards Act 2018 of the Commonwealth;
3. A scooter, within the meaning of the Road Safety Road Rules 2017; and
4. A self-propelled motor vehicle that:
   1. is designed to be controlled by a person walking with the vehicle; and
   2. has a maximum attainable speed of less than 7 kilometres an hour.

The question of whether your e-bicycle falls within the legal classification of a 'motor vehicle', pedal cycle or personal mobility device will determine whether or not your claim for compensation will be accepted.

Which cyclists are not covered by TAC?

The TAC is unable to pay compensation to a person who is injured or dies as a result of a transport accident involving a pedal cycle that is taking part in an organised race or speed trial, or in a test preparing for an organised race or a speed trial, when the person is:

• the pedal cyclist in an organised professional race or speed trial; or
• a spectator at the event; or
• an official or organiser of the event; or
• assisting the competitors in any way at the event; or
• assisting in the holding of the event in an official capacity.

unless the transport accident involves the driving of anunauthorised vehicle orthe event has been issued with a Race/Speed trial exemption certificate.

Have questions or need advice or assistance regarding a transport accident?

Please contact Polaris Lawyers on 1300 383 825 or email hello@polarislawyers.com.au

Footnotes:

¹ Transport Accident Act 1986, ss 3(1) and 3(1A).

² Victorian Government Gazette, No. S331, 30 June 2022, 5.

³ Transport Accident Act 1986,s 41.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.