Esmonde Road Bus Lane Motorway onramp

[sAsLEX]

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This has been discussed before and the conclusion as I remember it was that the law considers "BUS ONLY" to be a specific exclusion to everything that is not a bus.

Also, I checked this morning and the signs at Esmonde Rd. do still have the word "ONLY" on them.

Notice how every motorway in New Zealand "Specifically Excludes" Pedestrains and Cyclists?

Bus Only does not cut it.

[sAsLEX]

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Of course motorway bus lanes (Auckland?) come under different rules and regulations.

I think this is as technically they are still Emergency Stopping lanes, not true blue Bus lanes.

The Esmonde Bus onramp on the other hand....

[R6_kid:Me]

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Actually its not that simple. The regulation states that it must specifically exclude motorcycles, as in "NO MOTORCYCLES". It depends on weather you consider "BUS ONLY" to be a specific exclusion. Most people consider "BUS ONLY" to be a specific INCLUSION, not an EXCLUSION as required by the regulation.

I'd like to see you debate that one with every cop that pulls you over. If it says "DON'T JUMP OFF THE CLIFF", does it still mean you can dive or do bombs?

Or should there be a sign (in small print) below "BUSES ONLY" which says "that excludes: cars, utes, vans, combi's, trucks, motorcycles, trikes, cyclists, pedestrians and all other forms of transport which are not covered by the word bus".

You're not supposed to think about it in-depth. You're supposed to see the sign that says "BUSES ONLY" and think "I guess that means no motorcycles then".

[Swoop]

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Or should there be a sign (in small print) below "BUSES ONLY" which says "that excludes: cars, utes, vans, combi's, trucks, motorcycles, trikes, cyclists, pedestrians and all other forms of transport which are not covered by the word bus".

So, pogo-sticks or scooters are fine!!

[Eyegasm]

"You're supposed to see the sign that says "BUSES ONLY" and think "I guess that means no motorcycles then"."

While I agree with this in part, the thing that gets me is these signs have not been updated in ages
Yet the Road User Legislation was updated in December 2009.

"Or should there be a sign (in small print) below "BUSES ONLY" which says "that excludes: cars, utes, vans, combi's, trucks, motorcycles, trikes, cyclists, pedestrians and all other forms of transport which are not covered by the word bus"."

No, the Legislation states that a bus lane can only be used by
A) Buses and/or
B) Cycles, Mopeds or Motorcycles (Unless 1 or more are "Specifically" Excluded by the sign)

Therefore the "Buses Only" signs that are placed at bus lanes are out of date to the legislation.

Eyegasm

[p.dath]

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I'd like to see you debate that one with every cop that pulls you over. If it says "DON'T JUMP OFF THE CLIFF", does it still mean you can dive or do bombs?

In this case, this is what the regulation specifically says. The Police are also bound by the road regulations. They can't just invent new regulations or change them.

I'm not aware of any law that requires more specific signage than "DON'T JUMP OFF THE CLIFF" - unlike the road regulation that specifically states that you must have more specific signage.

[Jantar]

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....Be nice to know for sure if this has been tested in court.

As far as I'm aware it has never been fully tested in court. Any time that a motorcyclist has applied for a hearing to defend the charge it has been withdrawn. 3 years ago, One police officer (from the Auckland area) even commented that they had been told to stop ticketing motorcyclists on the Bus Only lanes due to the confusion in interpreting the law.

[sAsLEX]

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Or should there be a sign (in small print) below "BUSES ONLY" which says "that excludes: cars, utes, vans, combi's, trucks, motorcycles, trikes, cyclists, pedestrians and all other forms of transport which are not covered by the word bus".

How about one similar to the pedestrian and cyclist specific exclusions at every entrance to a motorway across the country?

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I'm not aware of any law that requires more specific signage than "DON'T JUMP OFF THE CLIFF" - unlike the road regulation that specifically states that you must have more specific signage.

Look at the very specific sign-age wrt to cyclists and pedestrians on motorways.

They are both "Specifically excluded".

If they can do that for one law, why not another?

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As far as I'm aware it has never been fully tested in court. Any time that a motorcyclist has applied for a hearing to defend the charge it has been withdrawn. 3 years ago, One police officer (from the Auckland area) even commented that they had been told to stop ticketing motorcyclists on the Bus Only lanes due to the confusion in interpreting the law.

And after the arse kicking the police just received in their "Interpretation"/making up new laws regarding the MSSA law.......