View Full Version : Interesting road rule?
dpex
17th January 2010, 16:42
I was informed today that there is a road-rule which asserts it is entirely legal to pass any stationary vehicle to the left or right.
Clearly, if this is the case then it must be legal to tool between two lines of 'stationary' vehicles at traffic lights, thus allowing a biker to go to the head of line, legally.
Has anyone any knowledge of or reference for this rule?
CookMySock
17th January 2010, 17:47
Yes that is correct. Also, if the line of traffic is moving, you may pass the cars to your left.
However, the law is also clear that you may not pass any vehicle at any time over an intersection.
Steve
Berries
17th January 2010, 22:28
Has anyone any knowledge of or reference for this rule?
Just download the Road User Rule from here - http://www.nzta.govt.nz/resources/rules/road-user-2004-index.html and you'll find the answer to a lot of forum questions. You'll find this covered in several sections - 2.3, 2.6, 2.7 and 2.8. Knowing the Rule I am happy to do this every morning on the way to work, but if there is a cop car ahead I make sure they are actually stationary and only crawl past them. Read a bit more of the Rule and you will find that apparently you are meant to indicate when you change lanes. When you're splitting traffic you are constantly changing lanes, so if someone was being really really picky they could pull you up on that. Never heard of it being done, but it is there in the legislation. Good bed time reading this, would recommended it to everyone.
mashman
19th January 2010, 09:44
just don't use the service lane to pass, the argument doesn't work then...:no:
Mully
21st January 2010, 10:24
I was informed today that there is a road-rule which asserts it is entirely legal to pass any stationary vehicle to the left or right.
Yep. This has been covered before - AFAIK, someone (I believe it's Ixion) has a letter from some Big Cheese (tm) to that effect as well.
Not that I care, I regularly filter past cops on my commute. As long as you don't ride like a retard (in the cop's opinion), it's not an issue. In fact, I know of someone on this forum (name withheld for privacy reasons) who was pulled over and checked out for not filtering; the cop thought that was suspicious.
Hanne
21st January 2010, 10:27
apparently you are meant to indicate when you change lanes. When you're splitting traffic you are constantly changing lanes, so if someone was being really really picky they could pull you up on that. Never heard of it being done, but it is there in the legislation. Good bed time reading this, would recommended it to everyone.
Happened to one of the uni guys a few years back. (Admittedly he was doing other iffy things, including speeding with an L- plate). But you can get a ticket if not indicating and this guy did!
Neshi
21st January 2010, 12:53
so on the freeway, if there is congestion and the traffic doesn't move, you may legally drive through the middle of the stationary vehicles?
MSTRS
21st January 2010, 13:23
so on the freeway, if there is congestion and the traffic doesn't move, you may legally drive through the middle of the stationary vehicles?
We don't have a 'freeway'. It's 'motorway'. Alright? The US hasn't taken over. Yet. :cool:
Cars may be moving...it's legal to pass within the same lane BUT to the right of the vehicle you are passing. You may only do so on the left if the vehicle is stopped. Otherwise, it's a ticket for 'undertaking'.
CookMySock
21st January 2010, 14:04
so on the freeway, if there is congestion and the traffic doesn't move, you may legally drive through the middle of the stationary vehicles?Yes, you may overtake your current lane of traffic on the right, even if it is moving quite quickly. Use your indicator! Proceed only if it is safe. Keep your speed differential down.
If the traffic is stationary, you may overtake them on the left or the right. Examine parked cars on your left very carefully indeed for occupants who might open a door in your path - you have been warned!
Steve
crazyhorse
21st January 2010, 17:20
hmmmmmm just learnt something else :)
rastuscat
22nd January 2010, 10:25
This really is a rehash. The law hasn't changed. It's legal to overtake on the left only if
1. The vehicle you are passing is stationary,
2. There are lanes marked on the road,
3. The vehicle ahead of you is turning right.
Remember though that just coz it's legal doesn't make it safe. Here in Chch we regularly deal with crashes where a motorcyclist is going past a stationary vehicle on the left, and it gets smashed by a car turning right from the other direction. Sure, it's the car drivers fault, but it's the rider that gets the broken leg.
glyder
22nd January 2010, 10:40
The Passing on the left offence has been replaced by inconsiderately passing a vehicle traveling in the same direction nz
CookMySock
22nd January 2010, 10:48
Here in Chch we regularly deal with crashes where a motorcyclist is going past a stationary vehicle on the left, and it gets smashed by a car turning right from the other direction. Sure, it's the car drivers fault, but it's the rider that gets the broken leg.It's not the car drivers fault. The law quite clearly states that there is no overtaking of any type across an intersection.
It's the riders' fault. You shouldn't overtake across an intersection or pedestrian crossing, even if there are lanes marked. It's foolish and dangerous and illegal.
Steve
MSTRS
22nd January 2010, 11:13
It's not the car drivers fault. The law quite clearly states that there is no overtaking of any type across an intersection.
It's the riders' fault. You shouldn't overtake across an intersection or pedestrian crossing, even if there are lanes marked. It's foolish and dangerous and illegal.
Steve
A suburban street with driveways lining both sides does not constitute 'intersections'...for example.
BMWST?
22nd January 2010, 11:18
just don't use the service lane to pass, the argument doesn't work then...:no:
which is stupid imho,its safer than splitting
vifferman
22nd January 2010, 11:50
Read a bit more of the Rule and you will find that apparently you are meant to indicate when you change lanes. When you're splitting traffic you are constantly changing lanes, so if someone was being really really picky they could pull you up on that.
Yeah, I was pulled over for that a few years ago. The cop didn't ticket me, just warned me.
I've also been pulled up for filtering to the front at the lights. Once again, I wasn't ticketed, just screamed at by some semi-lunatic, incoherent, frothing-at-the-mouth bikie cop.
vifferman
22nd January 2010, 11:55
Cars may be moving...it's legal to pass within the same lane BUT to the right of the vehicle you are passing. You may only do so on the left if the vehicle is stopped. Otherwise, it's a ticket for 'undertaking'.
Unless cars move over for you, it's not often you can pass on the right in the same lane, as most drivers tend to sit to the right side of the lane, using the lane marking as a sighting guide to where their car is on the road.
Interestingly (or perhaps not...) I've noticed that on some roads where the markings are not continuous for the whole length of the road, many immigrant drivers' cars tend to wander all over the road when they don't have the 'safe' boundaries of the lane markings to 'fence them in'.
LOLzah...
onearmedbandit
22nd January 2010, 11:56
It's not the car drivers fault. The law quite clearly states that there is no overtaking of any type across an intersection.
It's the riders' fault. You shouldn't overtake across an intersection or pedestrian crossing, even if there are lanes marked. It's foolish and dangerous and illegal.
Steve
Yes I think that rastuscat would be referring to people turning right through stationary traffic into driveways. However, I still feel it's the riders responsibility to anticipate such an action and travel at a speed that allows them to stop or take evasive action. I regularly pass stationary traffic around town on the left, and would have at least one instance a week of this sort of thing happening. Not been hit yet. (but I'm not perfect - *touches wood*)
quickbuck
22nd January 2010, 12:11
Yes I think that rastuscat would be referring to people turning right through stationary traffic into driveways.
I would say he was too.
I almost witnessed a very pristine flash sort of older cage get taken out by an incident in this scenario... It would have made a nasty mess of the cage if they contacted, but if the cage wasn't in front of me to block be, then it would have made more of a mess of me.
The incident i saw involved somebody pulling out of a Supermarket in heavy stationary traffic, and he thought that since somebody had stopped to let him out (as they were pulling in), then he didn't have to check if there were still vehicles driving down the road.
It is pretty stupid to turn right out of any supermarket in my opinion. Especially in the little town where Manfeild is. There is more than one exit at all of them, and it only takes 30 seconds to use a better one, or turn left and go around the block!
Sorry for the rant.... Have a safe weekend all (A long one for us Wellingtonian types)l.
kwaka_crasher
22nd January 2010, 13:06
The Passing on the left offence has been replaced by inconsiderately passing a vehicle traveling in the same direction nz
Nah. Still the same.
Land Transport (Road User) Rule 2004 (SR 2004/427) (as at 11 December 2009) (http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM303050.html)
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.
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