North Shore: Northern Motorway: Police targeting motorcycles (25 January)

**red mermaid** · 25th January 2010, 15:27

A letter could be useful, setting out the circumstances, the points of view, and asking for clarification and the interpretation that Police are relying upon, and any case law that assists that clarification.

Very very disappointing that you have to do this yourself, as BRONZ have turned you down;
"An invitation to the polcie to say that "lane splitting is legal" is almost certain not to produce positive results. And a complaint that "motorcyclists were being warned for lanesplitting" will probably be rebutted by waffle to the effect that it is a dangerous practice and the office was acting in the interests of safety by warning motorcyclists of the danger they ran.

The fact that noone got a ticket for anything certainly indicates that the police realise that they are not on clear cut ground."

On the basis of what would seem to be one persons preconceived and ill judged attitudes, that are not doing motorcyclists any good at all.

**red mermaid** · 25th January 2010, 15:33

The person in charge of Auckland Motorways is Supt John Kelly.

**p.dath** · 25th January 2010, 15:38

Originally Posted by red mermaid

A letter could be useful, setting out the circumstances, the points of view, and asking for clarification and the interpretation that Police are relying upon, and any case law that assists that clarification.

Very very disappointing that you have to do this yourself, as BRONZ have turned you down;

That's fine. Ixion does a great job, and they have a charter setting out what they do, and this just doesn't fit neatly into it. Ixion probably realises that this wont result in any positive outcome (that being the Police acknolwedging that lane splitting can be legal). But if you don't ask ...

It's always easier when someone else does the job for you, but sometimes you just have to stand on your own two feet.

I'll tell you what, if I had $30k burning a hole in my pocket, and two years of time to spend on it, I'd probably ask to be given a ticket so a precendent could be established. That is what is really needed.

**Mully** · 25th January 2010, 15:39

Originally Posted by red mermaid

A letter could be useful, setting out the circumstances, the points of view, and asking for clarification and the interpretation that Police are relying upon, and any case law that assists that clarification.

Very very disappointing that you have to do this yourself, as BRONZ have turned you down;

Without meaning to step on Ixion's delicate toes, this has been covered here before.

Filtering/Splitting/Whatever you want to call it, falls into a legal grey area (as we have seen from this thread) - in some circumstances, it's perfectly legal and in some circumstances it's illegal (although safer). The risk that BRONZ face is that going to Plod and saying "Please clarify" runs the risk of the rule becoming "Illegal in all situations" and the Big Cheese (tm) telling his minions to hammer any and all bikes doing it.

That being said, if cars on the motorway travelled "as far to the left as practicable" in their lane, bikes wouldn't have to cross the line to filter.

**caseye** · 25th January 2010, 15:55

p.dath is on the right track, write the letter and please do ask why it is that their officers are Now so keen to make sure that bikers are doing everything right while letting car drives continue to hog the right hand side of their lane when the road code clearly states"As close to the left as is practicable"
Good luck with that letter p.dath.

**JimO** · 25th January 2010, 16:01

Originally Posted by Miss.L

So you'd rather be a loud mouth and argue with him & actually get ticketed than keep your mouth shut & get given a warning? Thats smart...

what you are forgetting is that he is a dangerous basterd

**Ixion** · 25th January 2010, 16:02

Without meaning to step on Ixion's delicate toes, this has been covered here before.

Filtering/Splitting/Whatever you want to call it, falls into a legal grey area (as we have seen from this thread) - in some circumstances, it's perfectly legal and in some circumstances it's illegal (although safer). The risk that BRONZ face is that going to Plod and saying "Please clarify" runs the risk of the rule becoming "Illegal in all situations" and the Big Cheese (tm) telling his minions to hammer any and all bikes doing it.

That being said, if cars on the motorway travelled "as far to the left as practicable" in their lane, bikes wouldn't have to cross the line to filter.

I have stout boots, but they are not needed here. You are correct.

It is quite practical for an individual to write and say " I was stopped and harangued. but I was in fact riding safely, and legally". After all, he was there.

It is much less practical for BRONZ (or any other organisation) to write and say that lane splitting is always safe and legal, because manifestly, sometimes it is neither (and sometimes one or other, and sometimes both). It is a matter of judgement , and circumstances are everything.

And if no-one is charged, then there is little that can be complained of, other than attitude, and for that, once again,one needs to have been there. The police sometimes stop road users (not always motorcyclists) , and deliver little lectures designed to impress upon people the dangers of certain behaviours . Although this may be tiresome it is difficult to say that it is wrong. People do get killed and injured on the roads, and the Police are certainly within their rights to advise road users to take care, and to point out that some things can be dangerous.

Which is really all they seem to be doing in this case.A "warning" nowadays has no official standing. The old time Snakes used to have a system of "official" warnings, but these are long gone.

To ask the Cheeses to declare that lane splitting is always legal would be folly - if pushed into a corner they would certainly say it was never legal rather than it was always legal.

And to complain of them warning motorcyclists that it can be dangerous , and perhaps illegal, would seem unnecessarily argumentative, for someone who was not actually involved.

If I had been stopped I might have written in a personal capacity and complained. Or not. it would all depend on what was said and how it was said.

**BoristheBiter** · 25th January 2010, 16:48

Originally Posted by Mikkel

...in most cases. However, if the traffic is stationary, Bob's your uncle.

Bullshit. I hope you got his badge number, you all know where this shit is going...
And you'd have to be rather loose for him to make a dangerous charge stick - after all, he'd have to substantiate that it is beyond both careless and reckless.

He must, by necessity, be in the left lane - after all there will be no space in the right-hand lane since traffic is always keeping left. (Oh, and it must be legal for you to use bike paths as well - I see cars do it all the time!)

You should indeed write a letter - and a formal complaint. Police officers are not allowed to mislead a citizen, and ignorance is no excuse.

no matter what you think the law is or what it should be, the laws are there. if some police choose to enforce these and some don't it is because of discretion.
all the name calling under the sun does not change the fact it is illegal to pass on the left (unless you are in a seperate lane) even if the traffic is stationary.
if you don't think this is true then just carry on riding like you are and don't complain if you get a ticket.

**MSTRS:Me** · 25th January 2010, 16:51