TOP QUOTE: “The problem with socialism is that sooner or later you run out of other people’s money.”
Yes I think you have it now.
If he moved into the third (available) lane as Juniper indicated was present, then he has done exactly what is described in clause 3. That is to say 'he may pass or attempt to pass on the left of another vehicle....' because 'the roadway is marked in lanes' and providing that 'the drivers vehicle does not encroach on a lane that is unavailable to the driver'.
He was in the right on this one. He was neither lane splitting or filtering. He was in an available lane and totally within his rights (but not cleverly so) to pootle through at a speed he believed safe for the conditions. He should have been more cautious given the obvious gap and possibility of someone such as yourself (who was equally incautious) taking the gap.
Political correctness: a doctrine which holds forth the proposition that it is entirely possible to pick up a turd from the clean end.
Yeah I am certainly a lot more attentive and hope I don't slack off. I've always liked to 'try' to view things from every perspective although its hard. I can see why the biker did what he did, and as I said I would have done it if I was a biker. I didn't see him but I am lucky he got away with a sore hand and I got away with an empty wallet. When it is 50/50 result from the response I got here, it just means there are valid reasoning on either side to be thought about.
Just got my insurance claim approved, the panel beater said he will replace the door and fix the body (the impact damaged the body itself, just below the door). On the bright side, one side of my car will look brand new! Will be in for 3 days, no biggy.. and he will vacuum it for me as well. Certainly needs a good cleaning.
I've just been advised by the police everything against me is dropped after he spoke to a guru. I can throw away the fine that will be arriving in my letter box.
Edit: He said although bikers do travel on the left hand side, it is not legal to do so as the lane is unavailable under third clause. For me it is hands off, I am just happy for the phone call.
Interesting.... How does he figure the lane was unavailable??? As far as I know, as long as there is room and the car is stationary, you can pass on the left as the vehicle is stationary as per http://www.legislation.govt.nz/regul...DLM303050.html I'm not sure what exactly makes the lane "unavailable" I always interpreted the last clause where it says "only if the driver's vehicle does not encroach on a lane that is unavailable to a driver" to mean that in passing another vehicle on the left you shouldn't end up going off the road where you're not supposed to be driving or enroaching on special lanes you're not supposed to be on (a bus lane in case of a car but motorcyclist is allowed on that too...)
In saying this, hopefully a good lesson learnt by everyone involved and I'm glad to hear the motorcyclist was okay. Even in cases where you have a free lane (ie bus lanes) motorcyclist needs to be careful when passing stationary traffic. Hell I got run over once when I was going on a bus lane and the cars to my right on normal lanes were stationary even when the car should have been able to see me coming from miles away but that's another story. I'm very cautious of passing on any side of stationary traffic now...
But yes, please do share with us know why the police thought the lane was "unavailable" to the bike rider if they told you so that we know what they consider to be "acceptable" passing![]()
I have deep pockets. It's just that it's a deep empty pocket...........
I dont know what makes a lane unavailable as he did not go into details.
What I stated in the edit is what he told me. Naturally I wont be pushing him to tell me the logic of why I am not at fault but he did mention passing on an unavailable lane. Im as confused as you are about interpreting laws.
Dont know if biker getting fined but I hope not.
It's probably a timely reminder to motorcyclists that if you can't lane split/filter without having an accident, don't fucking do it.
All the excuses in the world will be worth fuck all if TPTB once decide that the easiest way to solve the issue is to ban the practice.
Did the motorcyclist hit any wing mirrors on the way through?
Legalise anarchy
Time to contact Campbell Live.
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