Are you performing an evasive manoeuvre when driving past the cyclist?

In the photo you are driving along a road on the edge of a town; on the right, on the shoulder beyond the solid edge line, there is a cyclist standing with his feet on the ground, facing the same direction as you. When you drive past him, you are not passing an oncoming vehicle (wymijanie) - driving past a stationary cyclist is passing a stationary road user (omijanie), and if he were moving in the same direction as you, it would be overtaking. The answer is: no.

The Road Traffic Act defines passing an oncoming vehicle as driving past a vehicle or road user moving in the opposite direction, passing a stationary vehicle or obstacle as driving past a vehicle, road user or obstacle that is not moving, and overtaking as driving past a vehicle or road user moving in the same direction. The cyclist is not coming from the opposite direction, so there is no question of passing an oncoming vehicle. Whatever the name of the manoeuvre, you keep a safe distance from him - when overtaking a bicycle, the Act requires at least 1 m - and you bear in mind that a stationary cyclist may move off at any moment and ride onto the roadway, so you take your foot off the accelerator and move to the left if oncoming traffic allows.

Legal basis: Art. 2 point 26, 27 and 28 and Art. 24 para. 2 of the Road Traffic Act (Prawo o ruchu drogowym)