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View Full Version : Closest I've come to an accident so far



disenfranchised
20th June 2007, 18:38
I was riding home on the lovely damp Auckland night that was tonight. Overall the rain had held off so things were pretty good.

Coming into the Avondale shops from Gt North Rd, there's a large line of traffic...all completely stopped, all close to each other so no possibility of cars swinging out.
There's a large amount of space on the left so I move left and cruise past the cars at around ~15-20K's

One of the vehicles in the queue is a bus, and as soon as I go past it, somebody jumps out of the doors that had just opened.

If i'd been going a smidge slower they would have jumped out directly on top of me...as it was I just got a hell of a fright (and the person jumping out probably did too)

There is a bus stop right near where the bus was stopped, but the bus had made no attempt to pull over to the side of the road.
There's also a corner right after where the bus was, and with the amount of space down the left hand side it would be quite possible for cars turning left to have driven past the bus in the same way I did.

Does anyone know if the worst had happened whether I'd have been at fault?
I'm assuming I would be, and would be charged with the "creating own lane" offence.
What if i'd been about to turn the corner?

Overall I must remember to take a lot more care when passing stopped busses from now on. There's usually one around that spot every day on my way home.

WarlockNZ
20th June 2007, 18:46
What have we learned ???

Don't pass on the left !! . i think you can count your lucky stars on this one my friend.

It would have been your fault, to the best of my memory .. passing on the left is an offence in it's own right.

BIKEGAL68
20th June 2007, 19:14
i have to say even when seeing bikes riding down the middle of two lane of traffic, frightens me for the biker, as i think one day a veh is goin to take revenge that a biker is getting through faster than them after sitting for so long waiting....................
As i know to well with working with that side of the law.
There is so much road rage now days.
Just stick to the traffic law an ride safe :)

rwh
20th June 2007, 20:29
I've heard comments that it's legal to pass on the left of stationary traffic, but I'm not sure on that one.

I think there also might be rules about buses letting people on and off when not at a bus stop.

I know I'm damn careful when I hop off a bus that's not properly at a bus stop - even if there's no cars or motorbikes, there's a good chance a cyclist could be passing, and that would still hurt.

Richard

Filterer
20th June 2007, 20:30
passing on the left is an offence in it's own right.

There is an allowance to pass on the left is the other cars are stationary

WarlockNZ
20th June 2007, 20:35
There is an allowance to pass on the left is the other cars are stationary

can you point me to the law that states that ???

Filterer
20th June 2007, 20:48
can you point me to the law that states that ???

Over here

http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=1666664637&infobase=pal_regs.nfo&jump=r2004-427&softpage=DOC
(http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=1666664637&infobase=pal_regs.nfo&jump=r2004-427&softpage=DOC)



(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.




I'm pretty sure we are talking about 2b

WarlockNZ
20th June 2007, 20:52
See ... this is why I LOVE kb ... LOL .. ask a question.. get an answer .. ask for proof ... and there it is .. god damn !! ... LOL

we are indeed talking about 2b ..

having established that it is "legal" to pass stationary traffic on the left .. where would you be if you hit someone stepping of a bus ??

You can't be responsible because your not breaking the law .. i feel a debate coming on :)

Filterer
20th June 2007, 21:04
Well if you were to take it to the extreme

1. Our biker is actually in a car
2. The "Bus" is actually a stopped car and all the other vehicles are stationary
3. There is a gap more then wide enough for a car to fit down
4. Our Biker in the car is actually planning on turning down the side street 10 m ahead

If say a passenger was to have jumped out of stopped car and into the path of the car, I can't see you being at any fault

Now just to work back those assumptions
1. The public hates bikers
2. It was a bus so passengers alighting should have been in your mind
3. The gap may have been of slighly more marginal width then a car would have dived down
4. He wasn't planning on turning down the side st


I think legally you would be in the right but morally you'd be wrong and feel that you had made the wrong choice if you had hit them.

No doubt even if you were legally right i'm sure you would have spent a lot of time with the PoPo

WarlockNZ
20th June 2007, 21:06
no mention of the bus driver allowing the passenger to disembark on the open road ??

I'm sure you can find a legal statute that states that that's illegal ?

jtzzr
20th June 2007, 21:10
You learn something everyday , Cheers

bell
20th June 2007, 21:49
no mention of the bus driver allowing the passenger to disembark on the open road ??

I'm sure you can find a legal statute that states that that's illegal ?

Sorry, I have to go to bed now, Mum says, so i won't be trawling through any legislation to answer your query!

However, when I did my bus license in the UK a few years back I seem to recall there being a rule regarding not letting passengers disembark at anything other than an approved bus-stop. (And they would fail you on your practical test if you didn't check your left mirror after pulling out from the bus-stop to check if you'd left anyone waiting to get on behind...)

Maybe there's a parallel type rule here?

swbarnett
20th June 2007, 22:58
no mention of the bus driver allowing the passenger to disembark on the open road ??

I'm sure you can find a legal statute that states that that's illegal ?

I seem to remember that there used to be a sticker on the inside of bus doors stating exactly that.

xwhatsit
20th June 2007, 23:24
no mention of the bus driver allowing the passenger to disembark on the open road ??

I'm sure you can find a legal statute that states that that's illegal ?

<hints id="hah_hints"></hints>I don't think it's illegal, but I know (from having to catch the bus for way longer than anybody should have to in Auckland who values their sanity while my engine was in a million bits) that there is a sticker on Stagecoach buses saying something along the lines of `For your own personal safety, we do not allow passengers to disembark at traffic lights'. However I often did just that, most bus drivers don't seem to give a shit (same with the driver in this case).

Legally you'd be sweet, I'd say. If you're parked on the side of the road, and you open your door and step out into the lane while cars are travelling in it, there's no way in hell you have right of way there (as far as pedestrians ever do), and the situation here is even more balanced towards traffic rather than the alighting pedestrian; getting off vehicles at traffic lights or in stopped traffic is much rarer and sillier than getting out of vehicles parked on the side of the road.

disenfranchised
21st June 2007, 10:01
I think legally you would be in the right but morally you'd be wrong and feel that you had made the wrong choice if you had hit them.

Absolutely...just having a near miss had me feeling the guilts big time.

Very interesting to find out it's OK.
This must mean that lane splitting (and undertaking) to get to the front when cars are stopped at lights is perfectly legal then...w00t!

Filterer
21st June 2007, 10:14
Absolutely...just having a near miss had me feeling the guilts big time.

Very interesting to find out it's OK.
This must mean that lane splitting (and undertaking) to get to the front when cars are stopped at lights is perfectly legal then...w00t!

MOST DEFINTATELY!

Undertaking/lanesplitting/overtaking etc etc are all legal if the traffic is at a standstill and for all real purposes also legal if the cars are going less then 5-10km/h, faster then that and you may have to explain your actions but I've never been stopped!

The only place this doesn't apply is at pedestrian crossings (the zebra xing ones) , it is illegal to overtake the front vehicle if it is stopped to allow someone to cross (no shit) but it also means that you can't technically pull up even with them and then take off faster then them.

WarlockNZ
21st June 2007, 11:45
l and for all real purposes also legal if the cars are going less then 5-10km/h

Going to have to query that one i'm afraid. Sure the cops may not bust you if you and are slow and safe, (I've been told by a cop that lanesplitting moving traffic was alright as long as i did it in a safe way), But they ARE allowed to ticket you if they feel like it.

I've found nothing in the law that states if cars are moving at less than 10km/r you can pass on the left.

Filterer
21st June 2007, 11:59
No your right perhaps I should have worded it

"For all intensive purposes cops will ignore you if traffic is moving slowly"

Didn't mean that the 10km/h was in legislation somewhere

ambler
21st June 2007, 13:14
The only place this doesn't apply is at pedestrian crossings (the zebra xing ones) , it is illegal to overtake the front vehicle if it is stopped to allow someone to cross (no shit) but it also means that you can't technically pull up even with them and then take off faster then them.
How about at traffic lights then. Say the queue of cars is completely stationary, and there is room to go down on the left - can you pull up next to the car at the front of the queue and then take off faster when lights go green?

Filterer
21st June 2007, 13:25
Yip like i said just not at zebra crossings

WarlockNZ
21st June 2007, 16:35
No your right perhaps I should have worded it

"For all intensive purposes cops will ignore you if traffic is moving slowly"

Didn't mean that the 10km/h was in legislation somewhere

Most of the time they do ignore you ... i split past cops everyday and they take no notice .. however, that being said, if he/she is in a bad mood, they CAN issue you a ticket.

I'm pretty sure it's been done, i seem to recall a thread a while ago where one of us go ticketed for splitting at 20km/h .. LOL .. he was pissed off.