Shoulder riding

[Socrates]

G'day,

first thread so apologies for this being epic length.

I commute between Glendowie and the Auckland CBD along Tamaki Drive 5 days a week, on a Piaggio Fly. Riding to the CBD at 06:30 is only 20 minutes and I generally never encounter a cavalcade of cars. However the return journey around 17:00 and later is a different story. The cars are generally queueing for the Mission Bay traffic lights, and this queue can extend 2kms back towards town.

For those of you unfamiliar with Tamaki Drive, basically one lane each way, divided by a flush median, with a 2.0m sealed shoulder on the eastbound side (which is the direction I head for home). 50km/h posted speed and flat terrain.

Finally I get to my question: legally can I (and I do ) ride judiciously along the sealed shoulder - obvisiously avoiding parked cars if they're parked on this shoulder - and thereby bypassing the queued cars that are queued - or crawling along in first gear - on my right ? I've noticed other motorbikers take the other option and ride down the flush median - which I believe is illegal.

I rang the Police at Auckland Central with this question but they wouln't emphatically proffer a definitve answer but to say that they would ping me if I was riding in the flush median.

I'd be interested to know what you learned folks would do.

Sorry for this novel length thread....hopefully I'll get more concise as I my contributions amass.

Regards.

[Ragingrob]

Hmmm.... Well you're not legally allowed to "pass on the left", is this "shoulder" just that or can people park there too? My first response would be no. Is there any chance of passing the cars on the right hand side but just not in the median as such? Between the cars and the median if there's space.

[UberRhys]

Hmmm.... Well you're not legally allowed to "pass on the left", is this "shoulder" just that or can people park there too? My first response would be no. Is there any chance of passing the cars on the right hand side but just not in the median as such? Between the cars and the median if there's space.

I agree, passing on the left has more hazards with people getting in and out of cars, pulling out of parking spaces, pulling into spaces, pedestrians...

Pass on the right of cars, then you will be seen better. I know what you are talking about in Mission Bay and trust me, right is right. Too many cages don't pay attention round there and just go with out looking.

[Socrates]

Hi,

no people do park there. It is usually chocker with parked cars during summer with people going for swims at the beaches i.e Mission Bay in this case.

I have found that there is more clear space between the parked car/s and the queued cars, than there is between the flush median and the queued cars. I assume those in the queued cars are avoiding doors opening from the parked cars, and therefore subconsciously gravitate closer to the flush median.

As I mentioned, I do ride judiciously by doing only about 25 - 30km/h up the inside, and watch for those blasted car doors opening. I forgot to say that when i spoke to the Copper, he said "just remember that cyclists have right of way".

I seem to recall some disclaimer with the "Thoust shall not overtake on the left" unless the car on the right is queued and wanting to turn right - and room to pass on the left. But am unsure if that is a case of "and/or" turning right. The Copper also mentioned something about vehicles travelling less than 15km/h(?) less than posted speed limit can be bypassed. Where that came from I don't know. Must be in one of the Statutes that only legal folk love to read and quote from.

[Steam]

Hey Socrates, cool name and avatar!

Your answer is called Lane Splitting, and it's complex.
First of all:
legally can I (and I do ) ride judiciously along the sealed shoulder
No, that's illegal. Clear and simple.
Riding on the flush median is also illegal. Naughty naughty bikers.

You need to ride in the small space between the cars and where the flush median begins. Technically you must be indicating to turn right, as it is a passing manoeuvre.

For a complete and comprehensive answer, this thread has all the answers, and it's 137 posts long, but required reading if you really want to know.
Lane splitting/filtering-the legal and common sense answers (http://www.kiwibiker.co.nz/forums/showthread.php?t=21150)

[mowgli]

You most definitely may not overtake on the shoulder.


2.3 Use of Lanes
(2)A driver, when driving on a road marked in lanes,—
(a) must drive as far as practicable entirely within a lane except when complying with subclause 2.1(2) or when changing lanes;
Sub clause 2.1(2) refers to pulling left if you're travelling slow and impeding the flow of traffic.
You may overtake on the left provided you are using a different lane or the overtaken vehicle is either stopped or indicating right. In all cases you must remain within a lane that is legally available to you. The shoulder is not considered a lane no matter how wide it is.

Despite what the rules say I do pretty much the same as you and keep my rate of overtake low.

[MIXONE]

You poor person.I drove that bit a couple of years ago heading to my sister's house.An hour to cover about 5 k.Fuck that I'm staying south of the Bombays.

[Mom]

I very nearly took out a motorcyclist who was riding along the left shoulder of the road to move past the traffic quicker. I was on my bike and it ran out of gas, so I pulled to the left to get out of harms way.

I heard this almighty sound behind me and here was a cop no less, filtering up the shoulder. He gave me the dirtiest look, but before he got a chance to say anything to me, I told him that I had run out of gas and did not expect to find anyone riding on the side of the road like that because it was illegal.

He had the good grace to look embarrassed and pottled back into the moving traffic leaving me to push my little bike up to the next gas station.

Personally apart from being illegal I think it is also an extremely dangerous place for a bike to be, cars can and do pull left into parking places without warning, and would not expect to find another vehicle there.

[Socrates]

Hey Socrates, cool name and avatar!

Your answer is called Lane Splitting, and it's complex.
First of all:
No, that's illegal. Clear and simple.
Riding on the flush median is also illegal. Naughty naughty bikers.

You need to ride in the small space between the cars and where the flush median begins. Technically you must be indicating to turn right, as it is a passing manoeuvre.

For a complete and comprehensive answer, this thread has all the answers, and it's 137 posts long, but required reading if you really want to know.
Lane splitting/filtering-the legal and common sense answers (http://www.kiwibiker.co.nz/forums/showthread.php?t=21150)

Thanks for that link....I'm starting to question whether I should have bought a jetski now instead of a scooter !

[Steam]

Thanks for that link....I'm starting to question whether I should have bought a jetski now instead of a scooter !

No way! You'll use the scooter way more than a jetski. And one day you will want more than 50cc and buy a big bike.
Scooters are fun, enjoy!

[scissorhands]

I did that journey recently,and I know what you mean. I ended up belting down the left most of the time, but it was pretty nerve wracking....

[terbang]

Mate when the traffic is jambed up I ride on everything, left/right/inbetween and even on the grass sometimes to avoid sitting in the que. I only draw the line at the footpath because thats not safe for others.

[alr17]

when the cars are stoped and when there are no cars parked on the side i will cruse down the left hand side at 30 k/hr. I always look out for cars crosing across the road to your your left hand side so you have to watch for them.:2guns:

[Socrates]

Well, by all the varied answers, I'm beginning to see that this is somewhat neither 'black nor white'. I'm probably right in assuming that if I ride continue to ride this left side cautiously at max 30km/h and courtesy to bicyclists, and assuming that drivers don't know I'm coming up in their '7 o'clock' position so being super weary of them....then fine. Illegal yes, but whether Mr Policeman, who is also sitting in the queue, will decide chase me to ping me for overtaking him down the left - I'm going to assume that he'll let his common sense prevail and leave me alone - especially if I am adhering to all the reasons I just outlined above.

However, I'll bet that if I have an incident -or worse, an accident - and it isn't my fault, the insurance will be void because i was riding illegally. I used to ride without the L Plate - too macho for that - until I was reminded that it would void my insurance if I try to claim i.e I was riding illegally. L-Plate went back on in double quick time !!

So....damned if i do and damned if i don't.

[kave]

I'm one of the 'Naughty Bikers' that ride the same commute as you in the morning, but ride between the cars and the flush median (unless the cars are too far to the right in which case I end up ON the flush median). Riding on the median is illegal, as is undertaking, but it is a hell of a lot safer. I wince when I see scooters riding along the shoulder.

[Socrates]

I'm one of the 'Naughty Bikers' that ride the same commute as you in the morning, but ride between the cars and the flush median (unless the cars are too far to the right in which case I end up ON the flush median). Riding on the median is illegal, as is undertaking, but it is a hell of a lot safer. I wince when I see scooters riding along the shoulder.

But if bicyclists are allowed to (undertake) then why can't I ? If a moped (50cc) is not classified as a motorbike, then is it a bicycle per se ? This is probably all moot because I ride a 125cc scooter i.e a "motorbike". I think some of local and national government legislation is going to have be readdressed for the gray area that scooters and mopeds are starting proliferate within.