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cheshirecat
24th February 2020, 19:10
So as usual the NZ road code is delightfully vague. There's a road near me with a yellow line and with cars parked its impossible, in a car, not cross the line to get past. On a bike of course I can just zoom up and 555 all the cars crossing it to find out if the law applies and set a precident. Logic implies then one can cross a yellow if cars are stationary or else they wouldn't have put a yellow line there would they?

So if one can overtake in this situation then it implies if cars are stationary waiting for lights to change then one could overtake crossing a yellow to get to the front and join all the scooters and cycles who have just done the same thing.

Bonez
24th February 2020, 19:14
.So if one can overtake in this situation then it implies if cars are stationary waiting for lights to change then one could overtake crossing a yellow to get to the front and join all the scooters and cycles who have just done the same thing.No you are wrong. There's no confusion in the M/C Road Code whatsoever. You have to stay left of the yellow line. https://www.nzta.govt.nz/resources/roadcode/motorcycle-road-code/about-riding/passing

Berries
24th February 2020, 19:52
So if one can overtake in this situation then it implies if cars are stationary waiting for lights to change then one could overtake crossing a yellow to get to the front and join all the scooters and cycles who have just done the same thing.
Correct. Ish.

It is the Road User Rule you need to refer to not the pretty pictures in the Road Code and in there it is clear that you cannot cross over a single yellow line to overtake a vehicle moving in the same direction. If it isn't moving it isn't moving. I'd expect some cops to pull me over if I did this due to the lack of understanding of some of the road rules* but it is quite clear what yellow lines mean.

2.9 Passing where roadway marked with no-passing line
(1) This clause applies if a driver is at or approaching a portion of a roadway where the road controlling authority has, in accordance with any enactment, marked a no-passing line applying to traffic moving in the direction in which the driver is moving.

(2) The driver must not pass or attempt to pass a motor vehicle or an animal-drawn vehicle moving in the same direction within the length of roadway on which the no-passing line is marked until the driver reaches the further end of the no-passing line, unless throughout the passing movement the driver keeps the vehicle wholly to the left of the no-passing line.

http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM302188.html

At an intersection you may fall foul of not staying in the correct lane. Better to go down the middle than round the outside so you are less obvious. Legal or not, being where drivers don't expect you winds them up. And the Police. I'd imagine that if you got bowled by someone pulling a quick u-turn you'd end up with a careless use charge, regardless of the small print in the RUR. Well, they'd be moving for a start so you wouldn't be able to use 2.9(2) as your get out of jail card. Caveat Emptor and all that.


* others include -
Not allowed to overtake on a bridge.
Don't have to give way at a pedestrian crossing if you have passed the painted diamond.
Can't turn right over yellow no overtaking lines.
Having to stop exactly at the stop line at an intersection.
Having to wait for a pedestrian to get on to the footpath before moving on at a crossing.
Can't reverse over ginger people if you miss them the first time.

rastuscat
25th February 2020, 05:35
Amen Berries.

The road code is a layman's interpretation of the law. It's not the law.

If you want the law, go to www.legislation.govt.nz

Search for the Land Transport (Road User) Rule 2004.

It's a bit of a shit to navigate, but contains the details you need.

TheDemonLord
26th February 2020, 08:40
Can't reverse over ginger people if you miss them the first time.

TBH, if you can't hit them the first time, with the help of the red target indicator on their head, then you probably need to re-take your test....


But in seriousness - the only other exception (which is one my favourites) is something to the tune of 'If to avoid Serious injury or death, you can ignore everything in the Law'/

rastuscat
26th February 2020, 09:18
TBH, if you can't hit them the first time, with the help of the red target indicator on their head, then you probably need to re-take your test....


But in seriousness - the only other exception (which is one my favourites) is something to the tune of 'If to avoid Serious injury or death, you can ignore everything in the Law'/

I heard of a chap on here a few years ago that argued that every time he broke the law, it was in order to save a life.

I suspect that didn't go so well in front of a judge.

Swoop
26th February 2020, 20:04
* others include -

Having to stop exactly at the stop line at an intersection.

I'm seeing a LOT of that at the moment. Presumably these people do not want to trigger the sensor to get the light to change for them?

Also, more people parking facing the wrong direction in a parallel parking space. Presumably they just want to help police get their ticket quotas up?:devil2:

merv
26th February 2020, 20:34
Correct. Ish.


(2) The driver must not pass or attempt to pass a motor vehicle or an animal-drawn vehicle moving in the same direction within the length of roadway on which the no-passing line is marked until the driver reaches the further end of the no-passing line, unless throughout the passing movement the driver keeps the vehicle wholly to the left of the no-passing line.



Two things about this, note the reference to "pass a motor vehicle or an animal-drawn vehicle moving in the same direction" with the key word being "moving" and also note it doesn't include bicycles. So I think the law allows you to pass bicycles and parked vehicles and I'm looking on-line for it but I think there was a case where it was said that you are also allowed to pass very slow moving big things like tractors, diggers etc provided it is all done safely without causing problems to on-coming traffic.

There's a story about the bicycle stuff here and I'll keep looking for the other one:https://www.stuff.co.nz/national/116635547/drivers-can-cross-yellow-line-to-overtake-a-cyclist-but-only-if-it-is-safe-nzta-says

Daffyd
3rd March 2020, 15:34
Yes, pretty sure you're right about pushbikes and parked cars, but not so sure about tractors etc. As an aside, yellow lines are completely ignored by at least

90% of drivers/riders in the Philippines, even on blind bends!

Berries
3rd March 2020, 18:28
Yes, pretty sure you're right about pushbikes and parked cars, but not so sure about tractors etc.
Tractors are motor vehicles so you cannot cross a yellow line to overtake them. There might perhaps be a bit of discretion shown with this one depending on when and where etc, but not if a cop comes round the corner and finds you straddling the centre line overtaking an old Fergy.

Far more slow moving agricultural vehicles on the road in the last couple of years, and far more yellow lines being painted. Not sure how many animal-drawn vehicles are out there these days, perhaps this bit of the Rule needs an update.

Drew
4th March 2020, 05:42
Tractors are motor vehicles so you cannot cross a yellow line to overtake them. There might perhaps be a bit of discretion shown with this one depending on when and where etc, but not if a cop comes round the corner and finds you straddling the centre line overtaking an old Fergy.

Far more slow moving agricultural vehicles on the road in the last couple of years, and far more yellow lines being painted. Not sure how many animal-drawn vehicles are out there these days, perhaps this bit of the Rule needs an update.
I wondered at this, saturday just been. Its harvest season, and coming back from Napier I was behind a tractor. I overtook him with complete safety and loads of space given the speed we were doing. But I did it knowing that a cop could quite legitimately give me a ticket for failing to stay in my lane.
Further pondering though, I'm pretty sure i could have argued in court that the yellow line indicates that there is no room to pass at 100kph. At 20 it was more than enough clearly visible road to perform the pass.

Berries
4th March 2020, 06:25
Further pondering though, I'm pretty sure i could have argued in court that the yellow line indicates that there is no room to pass at 100kph. At 20 it was more than enough clearly visible road to perform the pass.
Agree totally and I would do the same. If it is travelling slower than a bunch of cyclists traveling three abreast what is the difference anyway?

Another Rule is "2.6 1(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 100m in the direction in which the driver is travelling." Like you say, based on a travel speed of perhaps 80 or 90 but still open to interpretation.

If it is not unsafe I would always argue the point.

Ginge09
10th March 2020, 21:34
I agree. It may be safe but crossing the yellow line is a strict liability infringement. You either did or didn’t.

If you choose to cross it to pass the 20km/h tractor or built up traffic the fine remains the same. All the way to the Court of Appeal.

It’s risk vs reward.