The law and Lane-Splitting/Filtering

[Clockwork]

This morning I was doing my usual run along SH2 in to Wellington and was approaching the end of a line of standing traffic. In the left lane, at the end of the queue, was an HP officer. As I'd previously passed Police cars (not HP's) while lane-splitting/filtering and never been reprimanded I positioned my self into lane 1a and prepared to "cautiously" pass said Officer, however, he obviously anticipated my intent and clearly gestured that I should not attempt to pass. I came to a stop but remained in lane 1a. to which he now gestured that I should "get in to lane". I "crawled along" one car back from him for about 200m until an opportunity to change lanes and pass him appeared. As I passed him he called to me something like "If you are not prepared to wait in traffic you can always take the train" (no problem, I did wind him up just a little bit )

Here we go again. I hear you all cry. Yes, I did search the site for earlier threads and found lots of them, but there is lots of contradictory "opinions" being bandied about. So I looked up what I believe to be the relevant regulations regarding this activity and I came up with the following;

These extracts are lifted from LAND TRANSPORT (ROAD USER) RULE 2004


2.6.General requirements about passing other vehicles—

(1) A driver must not pass or attempt to pass another vehicle moving in the same direction unless—
(a) the movement can be made with safety; and
(b) the movement is made with due consideration for other users of the road; and
(c) sufficient clear road is visible to the driver for the passing movement to be completed without impeding or being likely to impede any possible opposing traffic; and
(d) until the passing movement is completed, the driver has a clear view of the road and any traffic on the road for at least 100 m in the direction in which the driver is travelling.

(2) Subclause (1)(c) and (d) does not apply if the passing vehicle and the vehicle being passed are in different lanes and are, throughout the passing movement, either on a one-way road or on the same side of the centre line.

(3) A driver must not, when passing another vehicle moving in the same direction, move into the line of passage of that vehicle until the maneuver can be made safely and without impeding the movement of that other vehicle.

1a & 1b are a bit subjective but I reckon as long as you pass within 10-20kph of the other vehicle you should be OK. According to clause (2) c & d don't apply and neither would clause (3).

So, on to section 2.7

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
(b) approaching or passing a flush median, unless the driver—
(i) intends to turn right from the road marked with the flush median into another road or vehicle entrance; or
(ii) has turned right onto the road marked with the flush median; or
(iii )can make the entire movement without encroaching on the flush median.

Again, in the situation I have described none of the conditions prohibiting passing on the right were applicable. I can find no rule that requires you to move in to another lane to pass anyone on their right hand side.

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 subclause (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; or
(c) if the overtaken vehicle is a light rail vehicle moving in the same direction, the light rail vehicle must not be—
(i) signalling an intention to turn left or to stop; or
(ii) stationary for the purposes of allowing passengers to alight or board.

(3) If the roadway is marked in lanes, the driver may make the movement referred in subclause (1) only if the driver's vehicle does not encroach on a lane that is unavailable to a driver.

So, you can pass on their left and in the same lane if they are stationary or indicating to turn right. Or if you are in a lane that is not unavailable to a driver. (service lane?)

So there you have it. As I read this you may lane-split if you pass on their right, you may filter on their left if they are stationary. Can anyone point out any other interpretation of these rules or any other rules or regulations that would supercede the above.

Those of you who have been prosecuted for splitting or filtering, can you recall the details or regulation under which this was done?

[Hitcher]

Yawn... Don't worry about the law until you get ticketed. Otherwise just watch out for the fuckwits who drive cages and don't like smart arses on bikes.

[madboy]

I suggest the easiest way to avoid tickets would be to remove the numberplate.

Wasn't by chance the HP car with the personalised plate? That guy yelled at me one day for splitting to the front of the queue and then accelerating away quickly (I find it useful to take off faster than the cars beside you as it avoids being squashed). Unfortunately for him he wasn't in a position to do much more than voice his opinion.

[DarkNinja]

Its much cheaper to ride your bike into town, screw $8 return just for the train fare!

[Da Bird]

You are also required to drive/ride entirely within a lane. It could well be argued while you are riding along your lane 1a, (presumably down the middle of 2 lanes) you are not riding entirely within your lane and in fact , sharing a lane with another vehicle. BC.

[Ixion]

You are also required to drive/ride entirely within a lane. It could well be argued while you are riding along your lane 1a, (presumably down the middle of 2 lanes) you are not riding entirely within your lane and in fact , sharing a lane with another vehicle. BC.

Hm. I think you are in fact allowed to "share" a lane, provided the other vehicle is stopped. This often, and necessarily happens when passing a vehicle that has pulled to the right of a (wide) lane to turn right.

Since cages in jams usually move to the right of the lane, that would imply, that PROVIDED THEY ARE COMPLETELY STOPPED it is legal to ride down the left side of the lane of stopped vehicles (assuming of course that it is otherwise "safe" and that speed is moderate - say 20 kph) keeping always within the lane.

Awkward when you come to a truck or car diligently keeping left. But then you put your indicator on and do a lane change .

I don't usually lanesplit myself though (the Beammer being a tad wide and clumsy for it) so this is all very theoretical

And if a cop reeally decides he hates you, he'll always be able to find something to do you for. So best not to annoy him

[Clockwork]

You are also required to drive/ride entirely within a lane. It could well be argued while you are riding along your lane 1a, (presumably down the middle of 2 lanes) you are not riding entirely within your lane and in fact , sharing a lane with another vehicle. BC.

2.3.Use of lanes—
...
...
(2)A driver, when driving on a road marked in lanes,—

(a)must drive as far as practicable entirely within a lane except when complying with subclause 2.1(2) or when changing lanes;

Ok, I may be splitting hairs here but I reckon motorcycles are pretty much either in one lane or the other. Anyway, as far as I can see you may share a lane with anther vehicle while passing if you are to the right of that vehicle. If the vehicle you are passing were obeying these rules.....

2.1.Keeping left—

(1)A driver, when driving, must at all times drive as near as practicable to the left side of the roadway unless this rule otherwise provides.

(2)If a driver's speed, when driving, is such as to impede the normal and reasonable flow of traffic, that driver must, as soon as is reasonably practicable, move the vehicle as far as practicable to the left side of the roadway when this is necessary to allow following traffic to pass


..... you'ld never need to pass anyone on their left hand side.

[Smokey]

You are also required to drive/ride entirely within a lane. It could well be argued while you are riding along your lane 1a, (presumably down the middle of 2 lanes) you are not riding entirely within your lane and in fact , sharing a lane with another vehicle. BC.

Hi There,

Interesting enough I was coming home on the North Western motorway the other week, traffic was stop/start so I was filtering away. Saw a HP car so pulled back into line. HP car pulled up next to me, arm appeared from the window and beckoned me over. Pulled up next to the car and friendly lady cop said "hey you can ride on the bus lanes" (on the motorway?) and "you can go through the traffic as long as you stay in the same line (sharing the lane and splitting)... Sounded pretty dodgy to me as I know you cant ride on Motorway bus lanes....still wasnt complaining, thanked her and continued filtering...

[Ixion]

Whole problem with this, and with the bus lane thing, is that there is no explicit clear cut ruling. So it's going to come down to what an individual cop thinks it "ought" to be. And regardless of whether we're right or wrong, if a cop thinks you're doing something wrong, he can always find something to pull you on.

[Clockwork]

This is a sad indictment, Ixion. As far as I can see there is nothing in law prohibiting this practice. If parliament wanted to out law it I'm sure they would have no difficulty phrasing an explicit clause to that effect. This being the case it would be unacceptable for any Police Office to contrive an alternative charge.

[sAsLEX]

You are also required to drive/ride entirely within a lane. It could well be argued while you are riding along your lane 1a, (presumably down the middle of 2 lanes) you are not riding entirely within your lane and in fact , sharing a lane with another vehicle. BC.

yet the rode code says you may pass on double yellow lines as long as you dont cross the line, which means sharing a lane, now i am confused...

[Jonty]

So there you have it. As I read this you may lane-split if you pass on their right, you may filter on their left if they are stationary. Can anyone point out any other interpretation of these rules or any other rules or regulations that would supercede the above.

Those of you who have been prosecuted for splitting or filtering, can you recall the details or regulation under which this was done?

Yes, but remember if you are passing on the right on a two laned road you will be passing on the right hand cars left!!

The law is open to interpretation and in many cases it is inconsistant. From reading the relevant sections there are a number of these inconsistancies and the only way these can be officially dealt with are through the courts or the legislature. If someone gets pulled up for filtering it would be interesting to see the matter sent through the courts (but it would never be worth the effort). In any case, it will be expensive to challenge the police view of filtering, so my recommendation would be to filter if it is safe, but be prepared to get ticketed.

[TwoSeven]

I'm pretty sure there is a definition of filtering. In many countries there is a maximum speed (usually about 10-15mph) and the other traffic must be stationary or very slow moving.

In the UK you may not pass the leading moving and/or stationary vehicle at pedestrian crossings, and you cannot filter or overtake 'in' an intersection.

Basically the rule means you can move to the front of the queue (except at a pedestrian crossing where you must stop behind the leading vehicle).

Usually in many countries, an overtaking maneuver is one where you cross the lane markings - you must have the appropriate visibility and you must indicate. In the states I think you can change lanes, but you cant go back and forth between them. For example in the UK you can pass someone in your lane without indicating IF you dont cross the lane markings - however, you must give way to oncoming traffic if the obstruction is on your side of the road (a rule I wish they would teach here as its good for unmarked narrow roads).

You can overtake in most NZ cities (there are few roads with yellow center lines in cities for some reason) - there is no law that says you cant, but you must have 100m of clear visiblity throughout the maneuver (kind of restricts the streets you can pass on) and you should indicate (remember you dont indicate if filtering). Also, no can pass on intersections and pedestrian crossings - so it even further restricts the streets.

It would be stupid from a riders safety point of view to overtake or continuous filter in NZ simply because of the lack of general driver skills. There is also no need for it. Best you can hope for is to filter to the front on intersections.

For myself, I generally dont filter right to the front. I prefer to let the leading vehicle go first in order for them to pick up the red light runners coming the other way (its endemic in chch).

[Lou Girardin]

You are also required to drive/ride entirely within a lane. It could well be argued while you are riding along your lane 1a, (presumably down the middle of 2 lanes) you are not riding entirely within your lane and in fact , sharing a lane with another vehicle. BC.

You can ride entirely within your lane and still have another vehicle alongside. Check out Onewa Rd for instance, wide enough for two lanes.
Your definition will preclude passing vehicles indicating a turn and still moving. a sure recipe for worse gridlock.

Besides, use of bikes and filtering should be encouraged. I think a lot of official discouragement stems from the "why can they when I can't" frame of mind.

[Clockwork]

Yes, but remember if you are passing on the right on a two laned road you will be passing on the right hand cars left!!

I refer you to 2.8.2a & b - Passing on the left is permitted.