I fought the law and I won!

[swbarnett]

I'd have to say that this is a victory for the Police as well. Bear with me and all will become clear...

I recieved an infringement notice through the mail stating that I did "Fail to comply with the instructions given by a steady red signal in the form of a disc". Having absolutely no recolection of this and sure in the knowledge that running red lights is not somehting I am in the habit of doing I replied to them asking for photographic evidence.

It turned out that the offence was because I moved off from the lights after the "B" signal came on, being in the bus lane at the time.

As I felt I had done nothing wrong (although possibly illegal, I wasn't sure at the time) I replied to this affect: 235711. They replied that motorcycles are entitled to use the bus lanes but not the signals pertinant to these lanes as these are only for buses. They also tried to defend this position by saying:

"Bus drivers as with all road users are obliged to drive with due care and consideration at all times." and "Likewise other road users have the right to believe that when a lane is controlled by a red light, those approaching will stop."

This got my back up as it was clear they were assuming that I had not even stopped. I replied thus: 235712.

To my utter amazement I recieved a reply stating that:

"After careful consideration of your comments and the circumstances surrounding the issue of this notice, it has been decided, on this occasion, to cancel the infringement fee. No further action will be taken."

The only glitch was that, as I did not expect to be let off, I had paid the fine on the due date of the reminder notice - the day before I recieved the above reply but after the date on the letter. I wrote back stating this and asking for a refund. You could've knocked me down with a feather when, a couple of days ago, I recieved a letter asking me to fill in a direct credit for so that they could refund my payment.

Two things I've learnt from this:

1. It pays to argue a moral point

2. The Police do actually have people on their staff that are allowed to think.

[Latte]

Seems silly the "B" applies to the bus, and not the bus lane - legally you are required to hold up the bus in that situation - glad you stood up for yourself.

[MSTRS]

... The Police do actually have people on their staff that are allowed to think.

Lucky you for encountering the only one.

What a stupid, ridiculous 'law'. Being allowed to use the buslane, but not be controlled by it's signals. :facepalm:

[steve_t]

Common sense prevails!!!! :woohoo: The end is nigh:innocent:

[bezajel]

Well argued. I hope that as well as waiving the fee "on this occasion", they will also look at either appealing to change the law, or at their enforcement policy, given the safety implications relevant to all motorcyclists, not just in your situation.

[baptist]

Well argued. I hope that as well as waiving the fee "on this occasion", they will also look at either appealing to change the law, or at their enforcement policy, given the safety implications relevant to all motorcyclists, not just in your situation.

Or the ptb will ban us from bus lanes...:facepalm:

[Pixie]

it is quite possible that the "B" light is not covered in the law and as far as the law is concerned,it is just a green light

[The Stranger]

it is quite possible that the "B" light is not covered in the law and as far as the law is concerned,it is just a green light

Best you check that with dangerousbastard.

[Bald Eagle]

The situation in Wellington is that the Bus light only applies to buses so a motorbike can use the lane but must wait for the main Green phase.

[Gubb]

Best you check that with dangerousbastard.
If you write "No Consent" on the traffic lights, you can go whenever the fuck you want.

Fact.

[Jantar]

The situation in Wellington is that the Bus light only applies to buses so a motorbike can use the lane but must wait for the main Green phase, while being run over by 10 tons of bus.
There, I added the bit you missed out. Yeah, real safe isn't it.

[DangerMice]

The only bus lane lights I can think of on my commute are those with the little stubby bus lanes that start just before the lights such as this one (http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=Western+Springs,+Great+North+Road,+Auckland,+New +Zealand&aq=4&sll=37.0625,-95.677068&sspn=27.976484,66.796875&ie=UTF8&hq=&hnear=Great+North+Rd,+Western+Springs+1022,+Auckla nd,+New+Zealand&ll=-36.864314,174.737255&spn=0.000869,0.001742&t=h&z=20). They usually have a sign that says "buses only may proceed on green light" and they don't have the bus lane sign that shows a bus, motorbike & bicycle.

As far as I understand, you can only use the bus lane (in Auckland) if it has the sign with the bikes, which leads to the conclusion you can't use the lanes with the lights.

(Doesn't stop me using them though :innocent:)

[Toaster]

Lucky you for encountering the only one.

What a stupid, ridiculous 'law'. Being allowed to use the buslane, but not be controlled by it's signals. :facepalm:

It might be one of those "bugger we didn't think of that" moments.

Good result and raises an issue they should sort out as it becomes a safety issue for bikers in the B lane unable to move out of the way of buses that are wanting to proceed through the intersection.

Great to see this particular issue raised and challenged.

[Maha]

I didn't fight them nor did I win, wrote them a letter and they caved.

Thier response to that letter last year was...word for word, the same as you got.

''After careful consideration of your comments and the circumstances surrounding the issue of this notice, it has been decided, on this occasion, to cancel the infringement fee. No further action will be taken."

I will always maintain that the initial infringement notice written out by the chap in the car with pretty light is just the begining. He answers to people high up the food chain and they are the ones who make the final call if a letter of WTF is sent in.

[marie_speeds]

Hey that's cool. Shame you paid though. But very interesting about the B signal. Would be dangerous to hold up a bus that was speeding down the lane with a driver focused on the B signal and not on what is actually in the lane in front of him.

[Toaster]

I will always maintain that the initial infringement notice written out by the chap in the car with pretty light is just the begining. He answers to people high up the food chain and they are the ones who make the final call if a letter of WTF is sent in.

The people on the front-line, to a greater or lesser extent know a bit about a lot. The people in the infringement bureau usually know a lot more about their bit. One would certainly expect this would produce at least some sort of standard of consistency and is a good backstop for those feeling their infringement was unjustified or incorrect.

[Maha]

The people on the front-line, to a greater or lesser extent know a bit about a lot. The people in the infringement bureau usually know a lot more about their bit. One would certainly expect this would produce at least some sort of standard of consistency and is a good backstop for those feeling their infringement was unjustified or incorrect.

What I neglected to say was, the day after I got the letter I got pinged in Wellsford in the work van...10 over going past the school, I paid up that time, didn't want to push my luck eh...:rockon:

[swbarnett]

As far as I understand, you can only use the bus lane (in Auckland) if it has the sign with the bikes, which leads to the conclusion you can't use the lanes with the lights.
We're allowed to use any bus lane that doesn't have the word "ONLY" on the sign. Had this explained to me when I had a previous ticket waved because it wasn't there.

[swbarnett]

Shame you paid though.
Expecting it back any day.

[DangerMice]

We're allowed to use any bus lane that doesn't have the word "ONLY" on the sign. Had this explained to me when I had a previous ticket waved because it wasn't there.

Fair enough, happy to be corrected :-)

[superman]

Good stuff, always argue to the point and most of the time after a couple of letters they cancel (as long as you have good reason for your actions).

I remember a while back I got a $200 fine for the rego in my car having slipped out of the window. Fuck me when after one letter I sent to them explaining the poor design of such a pocket that allows rego slips to slide out during regular cornering and they cancelled it straight away advising me I should seek out a new pocket free of charge of course. :yes: