Bike swarms
General information is contained in the Cycling and the Law booklet (pdf).
Cyclists are bound by the Australian Road Rules (pdf).
Australian road rules
A driver (including a cyclist) must not unreasonably obstruct the path of another driver or a pedestrian by driving (or riding) abnormally slowly for the circumstances (Australian Road Rules rule 25). The maximum penalty is $2,500 (rule 10 and Road Traffic (Road Rules Ancillary and Miscellaneous Provisions) Regulations 2014 reg 67).
If an authorised officer suspects that a person has committed, is committing, or is about to commit an Australian road law offence, the officer may require the person to give their full name, date of birth and address. The penalty for refusing to provide this information or for giving false information carries a maximum of $5,000.
It is an offence to obstruct or hinder an authorised officer in the exercise of power under a road law (Road Traffic Act 1961 s 41M). The maximum penalty is $10,000.
General
A person who wilfully obstructs the free passage of a public place is guilty of an offence, which carries a maximum penalty of $750 (Summary Offences Act 1953 s 58). Police may request that you or a group of people loitering in or assembled in a public place move on or disperse and, if you refuse to do so, you will be committing an offence. However, the police officer cannot make this request without believing (with some basis):
An offence has been or is about to be committed;
A breach of the peace has occurred or will occur;
The movement of pedestrians or vehicular traffic is obstructed, or about to be obstructed; or
The safety of a person in the vicinity is endangered.
The maximum penalty is $1,250 or 3 months imprisonment (SOA s 18).
If you argue the point with the police officer, you may be arrested for hindering police. The maximum penalty is $2,500 or imprisonment for 6 months (SOA s 6). You could also be charged with assault if, for example, you touch a police officer in anger or threaten violence verbally. For a basic offence, the maximum penalty is imprisonment for 2 years (Criminal Law Consolidation Act 1935 s 20).
Council by-laws: Adelaide City Council
The Adelaide City Council (ACC) has made by-laws in relation to roads.
A “road” includes any roads in the ACC area and includes footpaths (Roads By-Law 2018 (4 of 2018) (RBL by-law 3.6).
Permission is required to use amplification, distribute printed matter, solicit for donations, sing or hold public gatherings on roads (Permits and Penalties By-Law 2018 (RBL by-law 4). It is prohibited to interrupt, disrupt or interfere with any other person’s permitted use of the road (RBL by-law 5.5).
A person must comply with any reasonable direction or request from an authorised person relating to:
That person’s use of the road;
That person’s conduct and behaviour on the road;
That person’s safety on the road;
The safety and enjoyment of the road by other persons (RBL by-law 6).
A person who is committing or has committed a breach of the by-law by carrying out a prohibited activity or by failing to get permission for activities requiring permission must immediately comply with a direction of an authorised person to leave that part of the road (RBL by-law 7.2).
Any authorised person may remove any person from a road who is found committing a breach of a by-law, but must not use force in doing so (RBL by-law 7.3).
A person who contravenes, or fails to comply with any by-law of the Council is guilty of an offence and is liable to a maximum penalty of $750 (Permits and Penalties By-Law 2018).
Other Councils
If you are considering a bike swarm in another council area, consult the by-laws of that particular council.
Last revised: October 2021