Filtering - Judge finds for bikes

[rok-the-boat]

Filtering - Judge finds for bikes (UK)
http://www.motorbikestoday.com/news/Articles/filtering_law.htm

Sometimes, common sense prevails ...

[Xsannz]

Cheers for the good read.

nice to see it happen

[bluninja]

So a legal decision in a UK court in 2006 affects NZ bikers filtering how?

[rok-the-boat]

Well, the 2006 decision still stands - it has not been changed. And, every little helps.

[Akzle]

So a legal decision in a UK court in 2006 affects NZ bikers filtering how?

it's called "case law"
look into it some time.

[bluninja]

UK Case law is only applicable to the UK AFAIK, hence my question. There are many differences between road traffic legislation between the UK and NZ.

[gloplg]

UK Case law is only applicable to the UK AFAIK, hence my question. There are many differences between road traffic legislation between the UK and NZ.

Perhaps Rastus and Scummy might like to comment????

[Akzle]

UK Case law is only applicable to the UK AFAIK, hence my question. There are many differences between road traffic legislation between the UK and NZ.

since its all based on the same sovereign, corrupt, adversarial judicial system...

Case law means 'consideration must be given to previous rulings in cases SUBSTANTIALLY similar'
irrespective of the legislation. Its also at the judges discretion to ignore or find fault with the comparison.

@ other guy: why the FUCK would you think cops know law?!?!

[Oakie]

"a filtering motorcyclist passing stationary or very slow moving traffic could not be to blame if a collision occured if the rider had no chance to take avoiding action."

Sorry but if you have to have an accident first for this case law to be able to be used then I'd rather not worry. Not much comfort the other guy getting a fine or even jail if I'm a paraplegic.

[rustic101]

Legalised in the State of Victoria two months ago as its a safer option for 'shared roads'...

Won't be long..

[slowpoke]

Legalised in the State of Victoria two months ago as its a safer option for 'shared roads'...

Won't be long..

Won't be long? If the judge sees numpty's like I saw in Welly last time I was down it'll be never. There's no need to ride suicide alley at 100kph when the traffic is doing 80ph.

[Drew]

Won't be long? If the judge sees numpty's like I saw in Welly last time I was down it'll be never. There's no need to ride suicide alley at 100kph when the traffic is doing 80ph.It's more a weave through traffic once it's doing 80kph.

I do it all the time, but it pays to have your wits about you.

[slofox]

I watched a dude in a car "filter" on d'Auckland's Southern M'way last Sunday. He "overtook" a car in his own lane (RH of two) by using the space between the lane and the median barrier...:facepalm:

Wonder what the judge would've thought of that?

[Deano]

It's more a weave through traffic once it's doing 80kph.

I do it all the time, but it pays to have your wits about you.

Most people do it on two wheels though bro.

[Drew]

Most people do it on two wheels though bro.I'm just ahead of the curve.;)

[willytheekid]

Ahhh...you guys do realise that its already legal to do so in NZ aye? :confused:

rules 2.6, 2.7 and 2.8 of the Road User Rule.

A motorcycle may overtake a vehicle on the right within the same lane if it is safe to do so. The traffic must be stationary or slow-moving and the way ahead must be clear. A motorcycle may overtake a vehicle on the left only if that vehicle is stationary or if it is turning right.

BUT!
If high speed was involved, then the police would consider charges such as careless or even dangerous driving.


You can read the full version of the Land Transport (Road User) Rule 2004 at legislation.govt.nz

...A wee tip:
I carry a paper version of the above rule in my bike bag!, and one for the local council by-law that states I CAN legally use bus lanes in ChCh...as some of the popo dont actually know these acts are legal, hence I carry the written evidence to avoid a "conflict of interpretation" (They are only human after all)

ps...It IS damn dangerous!!, so do it safely and only if you feel comfortable doing it (cars etc don't really know it legal for bike to do this, hence they won't be looking out for you in these circumstances)

[slowpoke]

It's more a weave through traffic once it's doing 80kph.

I do it all the time, but it pays to have your wits about you.

I get the whole "advanced manouverability" thing, most of us have taken advantage of that. The guys who passed us weren't doin' no weaving in rush hour on the Hutt M/way traffic, just hammering straight down the alley between two moving lines of cars like it was a third lane. I'm not flaming them, not particularly upset by it, they are the ones who'll suffer after all but when you talk filtering this is what the public and bureaucrats think of. Can't wait to read the "Crashed when filtering, legal opinions req'd!" thread when it all goes tits up, lol.

[Oakie]

I carry a paper version of the above rule in my bike bag!, and one for the local council bylaw that states I CAN legally use bus lanes in ChCh...some of the popo DON'T ACTUALLY KNOW THE LAW!, hence I carry written evidence to avoid a "conflict of interpretation" (They are only human after all)

A point to note though is that' bus lanes' are only 'bus lanes' during the time specified on the adjacent signage. There is a bus lane just around the corner from my work and the occasional biker makes use of it. HOWEVER, the signage says it is only a bus lane between 7am and 9am so those occasional bikers who use it on the homebound commute are actually passing on the left as the 'bus lane' ceased to exist at 9am.

[willytheekid]

A point to note though is that' bus lanes' are only 'bus lanes' during the time specified on the adjacent signage. There is a bus lane just around the corner from my work and the occasional biker makes use of it. HOWEVER, the signage says it is only a bus lane between 7am and 9am so those occasional bikers who use it on the homebound commute are actually passing on the left as the 'bus lane' ceased to exist at 9am.

lol, not quite
http://www.buspriority.co.nz/HowItWorks/

If cars etc are caught using the bus lane between those hours, they risk a fine, but motorcyclists & cyclists can generally get away with using the bus lane's at any hour!, bus lanes do not really cease to exist out side of those stated hours, it is always best to always treat them as a bus lane!(But, yes!...they technically revert to "parking spaces" out of hours...but notice how small the hours print is)

Use em mate :niceone:...but once again, be bloody careful!, cars etc don't expect you or look for you, and Ive been stopped twice now by the popo for using them...both times, Ive produced the ChCh city council by-law document, and was sent on my way with a "have a nice day" :D

[scumdog]

@ other guy: why the FUCK would you think cops know law?!?!

Well they do know certain law - but obscure by-laws etc are well outside their knowledge.

Have a look at the number of 'laws' NZ has in statute and think 'why should anybody (or more 'how can anybody) be expected to know all this'

Oh, no doubt YOU know them all - even though you don't NEED to...;)

[oneofsix]

lol, not quite
http://www.buspriority.co.nz/HowItWorks/

If cars etc are caught using the bus lane between those hours, they risk a fine, but motorcyclists & cyclists can generally get away with using the bus lane's at any hour!, bus lanes do not really cease to exist out side of those stated hours, it is always best to always treat them as a bus lane!(But, yes!...they technically revert to "parking spaces" out of hours...but notice how small the hours print is)

Use em mate :niceone:...but once again, be bloody careful!, cars etc don't expect you or look for you, and Ive been stopped twice now by the popo for using them...both times, Ive produced the ChCh city council by-law document, and was sent on my way with a "have a nice day" :D

Why the by-law document? Bus lanes are prescribed in law, (hate the NZTA web site)

"Bus lane that can also
be used by cycles,
motorcycles, mopeds"

and National law beats by-laws.

[willytheekid]

Well they do know certain law - but obscure by-laws etc are well outside their knowledge.

Have a look at the number of 'laws' NZ has in statute and think 'why should anybody (or more 'how can anybody) be expected to know all this'

Oh, no doubt YOU know them all - even though you don't NEED to...;)

Bang on scummy:niceone:

In Auckland you cannot use "most" of the bus lane's...but down here in ChCh you can?
And when I read the paper document I have, it is worded quite differently to that web link?? (they may have updated the local rules etc..who friggin knows!!)

The point is, in chch, basically ok, in other towns...CHECK!, it maybe not be legal at all!!
...but if you are going to do it, be DAMN careful...I travel very slowly and cautiously whenever I use them...and even then, when taking as much precaution as possible, Ive had a few moments:crazy:...thats the risk you run

[willytheekid]

Why the by-law document? Bus lanes are prescribed in law, (hate the NZTA web site)

"Bus lane that can also
be used by cycles,
motorcycles, mopeds"

and National law beats by-laws.

No shit, in auckland (of course!),the sneeky bastards have "special" bus signs :facepalm:, that clearly state "Bus Only - -NO CYCLISTS OR MOTOCYCLISTS"

....just unreal ay, hence it pays to check your local by-laws in regards to these bizarre rules (Hence why the popo may not even know)

[oneofsix]

No shit, in auckland (of course!),the sneeky bastards have "special" bus signs :facepalm:, that clearly state "Bus Only - -NO CYCLISTS OR MOTOCYCLISTS"

....just unreal ay, hence it pays to check your local by-laws in regards to these bizarre rules (Hence why the popo may not even know)

See where you are coming from but that too is covered in the road code, it specifically says the council has to post those special conditions or they don't exist.

[Voltaire]

No shit, in auckland (of course!),the sneeky bastards have "special" bus signs :facepalm:, that clearly state "Bus Only - -NO CYCLISTS OR MOTOCYCLISTS"

....just unreal ay, hence it pays to check your local by-laws in regards to these bizarre rules (Hence why the popo may not even know)

Are the bus lanes you are referring to the ones on the motorways? As far as I know :crazy: the non motorway ones are foruse by two wheelers.

I don't think the 'transit' lanes entering the motorway are for motorcycles, don't want to know as I may need to play the ' Sorry officer I did not know that" card one day.

[rok-the-boat]

I don't think the 'transit' lanes entering the motorway are for motorcycles, don't want to know as I may need to play the ' Sorry officer I did not know that" card one day.

I usually go in the transit lane as I enter the motorway and have seen other bikers doing so. Yesterday a cop car was waiting in the ramp queue and he didn't seem to mind. I did think about it at the time though.

[duckonin]

since its all based on the same sovereign, corrupt, adversarial judicial system...

Case law means 'consideration must be given to previous rulings in cases SUBSTANTIALLY similar'
irrespective of the legislation. Its also at the judges discretion to ignore or find fault with the comparison.

@ other guy: why the FUCK would you think cops know law?!?!

Because they are important cunts, working for the 'sovereign'.

[scumdog]

Because they are important cunts, working for the 'sovereign'.

I'm pretty sure they earn more than a sovereign...;)

But you are correct in the first bit of you sentence...:shifty:

[Big Dave]

Hope they don't 'case law' Queensland then. All forms of lane splitting are prohibited - and it sucks.

[rastuscat]

Wheelies right.

Day off today, I'll have a quick session on the interweb later to clarify a few points..doing it on my phone is a mission.