Petone Esplanade bus lane

[spudd]

I've been using the bus lane in Petone on my way into Wellington for 2 years now and have passed police there several times while they ticket cars for using the lane. This morning had one of the boys in blue shout at me telling me to get out of the lane. Anyone know the law on this one - I will check the signs tonight, it may be a 'Bus Only' lane.

[p.dath]

Lots of info about Bus Lanes in the Wiki:
http://www.kiwibiker.co.nz/wiki/Bus_Lanes

And this is the general section on laws:
http://www.kiwibiker.co.nz/wiki/Category:Motorcycle_Laws

[StoneY]

I have been stopped there by a cop, and told him dead straight I had the right to use it as its navigable to bikes under LTSA legislation (now NZTA)

He wrote out a ticket anyway, it was wiped by lunchtime, and he was told off by his boss

Motorcycles have the right to navigate any marked bus lane UNLESS specifically excluded by signs

[crazyhorse]

So? you really got to know your rights of where you can and can't ride.

In Aussie you can use them, but not allowed to get in the way of the buses

[peasea]

I've been using the bus lane in Petone on my way into Wellington for 2 years now and have passed police there several times while they ticket cars for using the lane. This morning had one of the boys in blue shout at me telling me to get out of the lane. Anyone know the law on this one - I will check the signs tonight, it may be a 'Bus Only' lane.

Just avoid Petone.

[caseye]

Yep I like that for an idea peasea, avoiding the place works best for me too. Stoney yer a regular fountain of knowledge.Nice work mate.
Question answered, but before yelling back go check the signage on the roads and footpaths. K.

[Hawkeye]

So if the sign states 'buses only' does that mean you are not allowed to use them, or does it have to specifically state 'no motorbikes'?

[Jantar]

So if the sign states 'buses only' does that mean you are not allowed to use them, or does it have to specifically state 'no motorbikes'?
Covered many times.

NZTA (and the road code) claim that the word "only" does exclude everything but busses. However the legislation is very specific in that it states motorcycles can use bus lanes unless specifically excluded by signage. This means that for motorcycles to be excluded the signage must state "No Motorcycles" or at the very least have a pic of a motorcycle with a line through it.

NZTA claim that their bylaws allow for the "Busses Only" signs to be adequate. On the other hand the law allowing motorcycle was passed by parliament and bylaws cannot take precedent over legislation.

I believe it has been tested in court a few times and where the case is in front of JPs the police often win, but where it is front of a magistrate the police either withdraw or have lost the case.

I can't cite these cases as New Zealand court decisions aren't easily found online.

[StoneY]

Yep I like that for an idea peasea, avoiding the place works best for me too. Stoney yer a regular fountain of knowledge.Nice work mate.
Question answered, but before yelling back go check the signage on the roads and footpaths. K.


So if the sign states 'buses only' does that mean you are not allowed to use them, or does it have to specifically state 'no motorbikes'?


The signage says; Busses and Taxis only between 7-9am 4-6pm at petone, this does not 'exclude' motorcycles


To be NOT allowed in the marked Bus or T2 lanes it has to have a NO MOTORCYCLES symbol or pointed sign

If not, then all motrcycles/mopeds have navigation rights
:)

[Azi Dahaka]

tbh i have found nothing in the hutt city bylaws about that buss lane i found plenty in the wellington city ones about their bus lanes and the B go signs there is only three in wellington you are not aloud in but i ride in the petone one all the time much better than being amoungst the cages

[Ms Piggy]

I've been using the bus lane in Petone on my way into Wellington for 2 years now and have passed police there several times while they ticket cars for using the lane. This morning had one of the boys in blue shout at me telling me to get out of the lane. Anyone know the law on this one - I will check the signs tonight, it may be a 'Bus Only' lane.

I was suffering in a cage that day and saw a scooter rider get shouted at and then the cop waved him back toward him and looked to be giving him a ticket. I'll be printing the legislation off to show to cops because I've seen them there twice this year and I use that route every morning on my way to work.

[Flip]

You can legally use a bus lane unless it specifically excludes motorcycles.

If you do get pinged its an easy defense and the cop learns a lesson.

[paddy]

So if the sign states 'buses only' does that mean you are not allowed to use them, or does it have to specifically state 'no motorbikes'?

The legislation uses the wording "specifically excluded". The phrase "buses only" implicitly excludes motorcycles; however, it does not "specifically" exclude them. To be "specifically excluded", the signage would need to "specify" motorcycles.