Lane splitting/filtering: the legal and commonsense answers

[nelubian]

Biker can overtake on the left, if traffic is stationary.

"2.8 Passing on left
(1) A driver must not pass or attempt
to pass on the left of another
vehicle moving in the same
direction except in accordance
with this clause.
(2) In any case in which the
movement referred to sub clause
(1) may be made,—
(a) the 2 vehicles must be in
different lanes; or
(b) the overtaken vehicle must be
stationary or its driver must
have given or be giving
the prescribed signal of that
driver’s intention to turn right;"


Biker can overtake on the right, with due regard and consideration

"2.7 Passing on right
A driver must not pass or attempt to
pass on the right of another vehicle
moving in the same direction when—
(a) approaching or crossing an
intersection unless—
(i) the roadway is marked in lanes
and the driver can make the
movement without the driver’s
vehicle encroaching on a lane
available for opposing traffic;
or
(ii) in any other case, the driver
can make the movement
with safety and with due
consideration for users of the
intersecting road; or"


Driver must indicate for 3 secs before changing lane.

"A driver who intends to turn or move to the right or to draw out from a kerb on the left side of the vehicle must signal for at least 3 seconds either—
(a)by means of an approved signalling device; or
(b)if an arm signal can be clearly seen from both the front and the rear of the vehicle, by extending the right arm directly outwards in a horizontal position."



Driver in the wrong but how fast were you going????

The speed was 10kmh. Mine case wasn't exactly like this, and it was resolved friendly. But I started speculating on the case, because it seems to me pretty typical.
According to your extractions motorcycles "overtake" within the same lane. I've found determinations of "passing" and "overtaking" on the NZTA web site (Appendix 3E from 2007)
It looks like if the motorcycle's wheels were on the right lane then motorcycle was really overtaking, BUT right lane car within the right lane, which was stationary all the time.
And technically the blue car (even if it indicated) is wrong in this situation anyway. But what moment and which position is taken to consideration is unclear. And how is considered that the motorcycle (when filtering) constantly changes lanes?

[jamuels]

Nice diagram by the way.
My take on it is I will always lane split in slow traffic as I want to get home a lot quicker than those in their cars, not recommended but I have weighed up all the pros and cons and if I was not to then I might as well take my car.
Yes I have had a slight altercation, broke the other motorists wing mirror ( Van ), they did change lanes without indicating or looking, didnt come off bike, hurled abuse and carried on - never saw them again.
My only advice if you do it is to have your RIGHT indicator on - so you can claim you were overtaking on their right and makes you more visible to those that look in thier mirrors.
Accept the ticket if you get one.
Accept the fact that everyone will cut you off, pull out on you and U turn in front of you. You will not win they have more mass than you.
Had one guy hog 2 lanes so I couldnt lane split - moved over to the far left and went down there, he realised where I was and pushed me into the emergency lane by swerving into me to try and cut me off.
Must have been having a bad hair day. Got past and gave him a friendly wave.
Lane split and get home quicker or maybe not at all - your choice.

[Gooz]

Nothing new under the sun, but got pulled over by MB cops yesterday at 5 pm (Auckland SH1 on-ramp, from Wellesley St E). Got the 'new sheriff in town' talk and that there will be zero tolerance for any filtering at a cost of $150 going forward. Seems a bit at odds with the last one I got a couple of months ago (cop car on SH1 around Takapuna, going South), that suggested I stay at less than 30 km/h when traffic slows down, but I'm guessing there is either a new enforcement doctrine or new staff?

[Big Dog]

They just had a class of recruits graduate. Related?

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[swbarnett]

Nothing new under the sun, but got pulled over by MB cops yesterday at 5 pm (Auckland SH1 on-ramp, from Wellesley St E). Got the 'new sheriff in town' talk and that there will be zero tolerance for any filtering at a cost of $150 going forward. Seems a bit at odds with the last one I got a couple of months ago (cop car on SH1 around Takapuna, going South), that suggested I stay at less than 30 km/h when traffic slows down, but I'm guessing there is either a new enforcement doctrine or new staff?

Do you mean filtering (past stationary traffic to the front of the queue) or lane-splitting?

[Gooz]

Do you mean filtering (past stationary traffic to the front of the queue) or lane-splitting?

He spoke about filtering, but I'd assume he meant lane-splitting as passing stationary traffic should be legal, although it might be hard to argue the difference on a motorway unless it is at a city-wide standstill. (He also mentioned something about it taking him 18 months to get certified for filtering, which I assume means passing moving traffic as a motorbike cop?)

[rastuscat]

They just had a class of recruits graduate. Related?

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Recruits don't get to ride patrol bikes.

[Big Dog]

Recruits don't get to ride patrol bikes.

I did wonder why he got pulled by Milton Bradley cops.



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[Moise]

He spoke about filtering, but I'd assume he meant lane-splitting as passing stationary traffic should be legal, although it might be hard to argue the difference on a motorway unless it is at a city-wide standstill. (He also mentioned something about it taking him 18 months to get certified for filtering, which I assume means passing moving traffic as a motorbike cop?)

So if it's not legal, how can they do it? Or is it only done in emergency situations with lights and sirens?

[swbarnett]

So if it's not legal, how can they do it? Or is it only done in emergency situations with lights and sirens?

Probably. In which case they can't claim to be half as safe as a rider that does it every day.

[willytheekid]

ps..."18 months to get certified for filtering"...really??...to learn how to filter!...no bloody wonder Rastuscat left

[Gooz]

ps..."18 months to get certified for filtering"...really??...to learn how to filter!...no bloody wonder Rastuscat left

Adding fuel to the flames: http://motorbikewriter.com/victoria-...ane-filtering/

[Moise]

It's legal in most Australian states. As usual, we are way behind.

[swbarnett]

It's legal in most Australian states. As usual, we are way behind.

What they're talking about is filtering, not lane splitting. Filtering (past stationary traffic) is already legal here.

[Moise]

What they're talking about is filtering, not lane splitting. Filtering (past stationary traffic) is already legal here.

Thanks, I thought both were illegal here.