Police sergeant tells cyclist he broke law by not riding in cycle lane after reporting close pass driver – but Irish government insists vast majority of bike paths are not compulsory

An Irish cyclist who reported a close passing driver to the police was allegedly told by a sergeant that he had, in fact, committed an offence during the dangerous overtake by not riding on the road’s painted bike lane.

The cyclist claims that the sergeant mistakenly informed him that the law had recently been changed to widen the compulsory use of cycle lanes, a requirement currently restricted to two specific, limited areas.

However, Ireland’s Department of Transport has since denied the sergeant’s claims, insisting that cyclists are not legally required to ride in the vast majority of cycle tracks, and that the law had instead been changed to make it legal for pedal-assisted e-moped and e-scooter riders to access cycling infrastructure.

> Most drivers wrongly believe cyclists must ride single file, stay close to the kerb, and use cycle lanes – and one in three say they shouldn’t have equal rights on the road, new Highway Code survey finds

While in the UK cyclists are not obliged to use cycle lanes or cycle tracks, in Ireland the situation is slightly more complicated.

Between 1997 and 2012, it was mandatory for cyclists in Ireland to use any cycle lane or track marked by a solid white line. Unsurprisingly, the decision to make cycle lanes compulsory led to years of protests from campaigners, who highlighted the the poorly designed and maintained character of much of the country’s cycling infrastructure.

Eventually, the requirement was removed in 2012 by transport minister and future Taoiseach Leo Varadkar. However, a few years later, that particular change to the law became shrouded in mystery, when the Department of Transport claimed that mandatory cycle lane use had, in fact, not been revoked by Varadkar, ushering in a bizarre chain of events which ultimately culminated in a final, fully approved legal change in 2018.

Under the current law, cyclists are only required to use cycle tracks when they are in pedestrianised zones, or when they take the form of contra-flow bike lanes.

> Why don't cyclists use cycle lanes?

However, IrishCycle.com has reported this week that a cyclist was incorrectly informed by the police that Ireland’s compulsory cycle lane law had returned.

The cyclist, who wishes to remain anonymous, reported a dangerous overtake by a motorist earlier this month to An Garda Síochána, who invited him to speak to a sergeant. According to the rider, the sergeant explained – incorrectly – that the clip submitted to the police showed the cyclist committing an offence by not using the road’s cycle track.

Garda (wikimedia commons/ CC BY-SA 4.0 DEED) (credit: road.cc)

Incidentally, IrishCycle.com reported that the dash-lined ‘cycle lane’ in question does not feature a regulatory sign which would make it a legally defined cycle track. “So, even if there was a requirement to use cycle tracks, it would not apply in this case,” the site noted.

Nevertheless, the sergeant allegedly mentioned an internal An Garda Síochána document seemingly referring to a 2024 decision to expand the compulsory use of cycle tracks, and told the cyclist that he may have been “unaware” of this law change.

> Off-duty police officer filmed “dangerously” overtaking Irish cyclist, before flashing badge and “threatening” them, escapes prosecution but docked pay for “abuse of authority”

However, when asked by IrishCycle.com about this apparent expansion of its cycle lane laws, the Department of Transport confirmed that the law had indeed been changed last year – but only in relation to the types of vehicles which can use cycle lanes.

According to the government body, the change did not include widening the compulsory use of cycle tracks beyond its current limited areas, but instead allows for users of electric scooters and L1e-A ‘powered cycles’ to legally access cycling infrastructure.

“We can confirm there has been no expansion of compulsory use of cycle tracks beyond those in pedestrian areas or contra-flow lanes,” the department said in a statement.

“Where a cycle track is provided in a pedestrianised area, all pedal cyclists, L1e-A and electric scooter devices must use them. Where there is a contra-flow cycle track, a user must only proceed in the contra-flow direction. Where a cycle track is provided with flow traffic, a user may use them in the direction of traffic.”

When asked about the sergeant’s claim that an internal police document referred to an apparent (and false) change to Ireland’s compulsory cycle lane laws, a Garda spokesperson said: “We’ve received no reports at this office. An Garda Síochána does not comment on remarks attributed to third parties.”

“The Department is considering the relevant regulations, with a view to ensuring that there is no ambiguity in relation to this issue,” the DoT concluded.

> Camera cyclist submits footage of drivers on the phone and parking illegally to Irish police… and gets fined for riding through a red light

This month’s bizarre exchange isn’t the first time that cyclists reporting examples of dangerous driving to the Garda have been accused of breaking the law themselves.

In September, we reported that a cyclist who submitted helmet camera footage of drivers using their phones and parking illegally was issued with a fixed penalty notice by a Garda, who pointed out that the footage also showed the cyclist riding through a red light.

The cyclist’s complaints of other drivers also doing the same were ignored by the officer, who was later investigated and found to be in “breach of disciplinary regulations” for his conduct.