KB Legal Brains Trust - please help

[Ender EnZed]

this is why women shouldnt be on the road.
and tell the fag on a scooter to get a real fucking bike

+1

Unless the scooter had some sort of invisibility device she should've seen it. Cyclists can do 60km/h on the flat when they're late for work too.

[Hopeful Bastard]

As said before. He admitted to speeding and he was in a cycle lane. Go check your council bylaws/signs for the cycle lane to see if anything else is allowed in them.

But, He is in the wrong for speeding whilst passing stationary traffic. That right there, is your way out.

[Usarka]

Fuck the police.

[Scuba_Steve]

best I can find he (scooter) is in wrong, as unlike bus lanes there is no superior national law & the Auckland bylaw states as follows

Special vehicle lanes and cycle paths
25.17 Special vehicle lanes

25.17.1
The council may by resolution specify the location of special vehicle lanes.

25.17.2
Any special vehicle lane specified under clause 25.17.1, is a "special vehicle lane" as that term is used is the Land Transport (Road User) Rule 2004. A special vehicle lane must restrict the use of a lane to a specified class or classes of vehicles and must be one of the following:

Bus lane;
Cycle lane;
Transit lane;
Light rail vehicle lane;
Restricted vehicle lane.

25.17.3
No person may use a vehicle traffic lane specified under clause 25.17.1 in a manner contrary to the restriction applicable to that type of lane.

25.17.4
Any special vehicle lane specified under clause 25.17.1 shall be evidenced by the appropriate signs and markings.

And a cycle (by legal definition)

cycle—
(a) means a vehicle that has at least 2 wheels and that is designed primarily to be propelled by the muscular energy of the rider; and
(b) includes a power-assisted cycle

Auckland by-law if anyone wants it

[HenryDorsetCase]

best I can find he (scooter) is in wrong, as unlike bus lanes there is no superior national law & the Auckland bylaw states as follows


And a cycle (by legal definition)


Auckland by-law if anyone wants it

yeah, but it was a BUS lane, which the scooter (it appears) is OK to use. I think even if scooter is speeding, he will walk and its the cars fault. Righ the insurance and abdicate all responsibilitiy.

[oneofsix]

yeah, but it was a BUS lane, which the scooter (it appears) is OK to use. I think even if scooter is speeding, he will walk and its the cars fault. Righ the insurance and abdicate all responsibilitiy.

Wher do you get BUS lane from?
from OP

who was traveling in the cycle lane,

[Hopeful Bastard]

As she entered the driveway, a guy on a scooter who admitted to speeding because he was late, who was traveling in the cycle lane, hit the left rear of her car.
The insurance company have now come back to say that it's her fault for not adequately checking that the way was clear before proceeding. They suggest he is legally entitled to pass on the left of the cars because they had stopped, even if just for that second.

yeah, but it was a BUS lane, which the scooter (it appears) is OK to use. I think even if scooter is speeding, he will walk and its the cars fault. Righ the insurance and abdicate all responsibility.

Nope... Pretty sure it reads Cycle lane....

Scooter is in the wrong. End of.

[Usarka]

The fact that the scooter was in the wrong lane or speeding doesn't necessarily mean that the OP's friend is absolved of all liability. As someone stated above it could have been a cyclist in that lane (and doing 60kph!).

hit the left rear of her car.

But the bit above must add weight to teh argument....

(does a bush lawyer go commando?)

[HenryDorsetCase]

Wher do you get BUS lane from?
from OP

my bad.......

[5150]

Fuck the police.

No thanks. Got a headache

[HenryDorsetCase]

Fuck the police.

Its "Tha" I think you'll find.