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Thread: Lane splitting/filtering: the legal and commonsense answers

  1. #1
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    Lane splitting/filtering: the legal and commonsense answers

    The issue of filtering has been raised so many times I've set this up as a sticky.
    Filtering (splitting) - When the traffic is stationery, technically, it's parked. You're allowed to ride past a parked car, thus, at red lights and traffic jams, you can filter - but within reason. It doesn't permit you to fly thru at 150kph, cos that's just silly.

    I mentioned as a rule of thumb, I travel at around 20kph, wether traffic is moving slower or not at all. They said (again, within reason) this is ok. I have passed many cop cars while they're doing 10 or so, and I've passed them at 20kph. So far, no one has given me grief. As soon as the traffic picks up speed, merge back in asap, but don't cut anyone up (they don't really like that either..)..

    As for riding down the extreme right hand side of the motorway, big no-no. As is riding down the hard shoulder (very left emergency lane) unless it's clearly stated as a bus lane within those hours (or you follow a bus outside the hours, cos if you get done, then he can get done too..).
    Using the chevrons too, is also a big no-no.. In fact, it's pretty much safe to say, that if it doesn't feel right, it probably isn't, aside from slow speed filtering.

    You can use any bus lane except for motorway buslane. Else, the law applies (as in, if cars can use it outside the hours too, then so can you).

    I was precautioned tho - a lot of this is at the officers' discretion. If you're being a silly dick, then they're gonna pull you and give you some paperwork. If you behave and don't 'act' nervous and keep your cool, they'll most probably ignore you.
    I have been stopped once for filtering, but that's cos I made a bad/late decision and ironically, a cop was a few cars back, plus I was a little over the limit before the traffic. He just slapped my wrist and said what I did was ok, but to think ahead. That's the trick. Think ahead and don't be stupid, else they will have you.

    This is all what I've been told by the boys in blue and is what I ride by, so if there are any cops reading this, or anyone knows any different, then please, tell me too!! (thanks bugjuice-best answer so far)

    The deal is I'd like to hear from Bykey cop /scumdog nodman etc to get the legal definition of what we can and can't do.
    As well as what their common sense aproach is to it.
    I will keep editing this post as response comes from those that actually Know

    I must say My attitude is that if you have been riding for 12 months or less or have been away from biking awhile and just returning. I personally dont suggest it -My reasoning is that you don't know what danger signals to look for when filtering. also if ya gut says--this ait right---listen to ya gut and slow down.
    Another point is -When filtering past moving cars its your neck -moaning about a car that changed lanes into you to me is unfair on the cager -Logic says at 30km/h faster than them by the time theyve checked alls clear and started to move you could have moved 10-20 carlenths up on them
    SO PLEASE COULD THE ACTUAL POLICE KBERS RESPOND TO THIS THREAD.
    pm me if ya aint happy being quoted
    Last edited by FROSTY; 11th December 2005 at 14:52.
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  2. #2
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    anybody got links or direct info ??
    To see a life newly created.To watch it grow and prosper. Isn't that the greatest gift a human being can be given?

  3. #3
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    well, my 2¢, I called them on an unrelated matter, but since I was on the phone, I asked anyway, and this is what I was told:

    k, well the chick on the phone at the time wasn't so sure, so she told me to hang on while she asked a bike-cop what the scoop is;

    Filtering (splitting) - When the traffic is stationery, technically, it's parked. You're allowed to ride past a parked car, thus, at red lights and traffic jams, you can filter - but within reason. It doesn't permit you to fly thru at 150kph, cos that's just silly.

    I mentioned as a rule of thumb, I travel at around 20kph, wether traffic is moving slower or not at all. They said (again, within reason) this is ok. I have passed many cop cars while they're doing 10 or so, and I've passed them at 20kph. So far, no one has given me grief. As soon as the traffic picks up speed, merge back in asap, but don't cut anyone up (they don't really like that either..)..

    As for riding down the extreme right hand side of the motorway, big no-no. As is riding down the hard shoulder (very left emergency lane) unless it's clearly stated as a bus lane within those hours (or you follow a bus outside the hours, cos if you get done, then he can get done too..).
    Using the chevrons too, is also a big no-no.. In fact, it's pretty much safe to say, that if it doesn't feel right, it probably isn't, aside from slow speed filtering.

    You can use any bus lane except for motorway buslane. Else, the law applies (as in, if cars can use it outside the hours too, then so can you).

    I was precautioned tho - a lot of this is at the officers' discretion. If you're being a silly dick, then they're gonna pull you and give you some paperwork. If you behave and don't 'act' nervous and keep your cool, they'll most probably ignore you.
    I have been stopped once for filtering, but that's cos I made a bad/late decision and ironically, a cop was a few cars back, plus I was a little over the limit before the traffic. He just slapped my wrist and said what I did was ok, but to think ahead. That's the trick. Think ahead and don't be stupid, else they will have you.

    This is all what I've been told by the boys in blue and is what I ride by, so if there are any cops reading this, or anyone knows any different, then please, tell me too!!

  4. #4
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    you lost me a bit here:

    You can use any bus lane except for motorway buslane. Else, the law applies (as in, if cars can use it outside the hours too, then so can you).
    we are allowed to use the bus lanes on the motorway when they are bus lanes (between the hours indicated) or are motorbikes not allowed to for the motorway ones?


  5. #5
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    well... onthe way to wellington this morning... i saw 5 bikes ride past a cop.. they were all lane splitting, and none of them slowed when they cought up to the cop... SHE just pulled over a bit more to let them pass........

    the cop was in the right hand lane... i was in the left..


    what a ride so far!!!!

  6. #6
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    My understanding is the right to use the bus lanes on a motorcycle is a decision made by that city's council. The motorways are land transport and they don't allow motorcycles to use their bus lanes.

  7. #7
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    Quote Originally Posted by Squiggles
    you lost me a bit here:



    we are allowed to use the bus lanes on the motorway when they are bus lanes (between the hours indicated) or are motorbikes not allowed to for the motorway ones?
    local laws might apply in other regions, but around auckland, stay away from the buslanes on motorways..

  8. #8
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    This is what a KB cop PMd me when i asked the same ?

    "Did you get picked up? If so let me know the details. Lane splitting is against the law!, but saying that the motorway staff have been told to turn a blind eye to it IF IT IS BEING DONE SAFELY! Meaning no faster than about 20 quicker than the traffic and only if the traffic is moving slowly eg < 20-25k aprox." As long as you are not stupid while doing it. When we lane split in the marked cars and if we prang going to a job on the motorway we get in the shit and charged with careless or simmular.
    If you are stupid you could be looking at dangerous or even reckless."

    I wont disclose which KB it was just in case he doesnt want me too.

  9. #9
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    Four years as a courier, a couple of hours reading the regulations at the public library and a court case taught me this (plain English version):

    It is OK to overtake on the RIGHT of a MOVING or STATIONARY vehicle within the same lane (unless it's indicating to turn right).

    It is OK to overtake on the LEFT of a STATIONARY vehicle within the same lane (unless it's indicating to turn left).

    It is AN OFFENCE to overtake on the LEFT of a MOVING vehicle in the same lane (unless it's indicating to turn right).

    So, to sum up, because the laws to be concerned with relate to the vehicles in the same lane as you - the other lanes are other roads, effectively - if you're travelling down the right hand side of the cars within their lane, you're OK. If you're between the lane markers and left side of moving cars, you're committing an offence. If you're on the left and they're stationary, you're OK. Until they start moving. HOWEVER...

    The court case taught me that if you're overtaking safely and legally on the right and one of those vehicles being overtaken is a Constable on a police motorcycle and he offers you a ticket for Overtaking Where Prohibited and you assert that you were in fact not overtaking where prohibted, he will advise you that he "will make it Careless Driving then, and sort it out in court" where two JPs will decide that your experience and admitted unlikelihood of having an accident are irrelevant because of the louder than standard aftermarket silencers your bike was fitted with, mentioned in passing by the prosecution, which might give the drivers of the cars you were passing a fright at the moment of passing, potentially resulting in a crash and that you were, therefore, guilty of Careless Driving and should pay $480 plus costs which is more than the unlicensed 16 yr old at the same hearing who 'borrowed' his uncle's car and at 1 am on a rainy Sunday morning with 3 passengers on board, travelled the wrong way up the one way part of Crummer Rd at more than twice the speed limit and rolled the car into several parked cars would have to pay [$400 plus costs]. Or the truck driver with only a car licence who rolled his fruit and veg delivery truck at the end of Waipuna Bridge taking out a set of traffic lights, covering the local landscape with oranges and causing a road closure for 3 hours should have to pay [$450 plus costs]. And further...

    As Clockwork rightly points out in previous post http://www.kiwibiker.co.nz/forums/sh...ad.php?t=10838 every time you overtake a car on the left, that driver has firstly committed the offence of 'Failing to drive as near as practicable to the left side of the roadway', but I would be stunned if anyone in NZ has ever been issued a ticket for that.

    Practical advice? It's cheaper to be fined for Overtaking Where Prohibited than Careless Driving. In stop-start traffic, it's safer between the sides of 2 cars than between the bumpers. The less time spent amongst the fumes of near-stationary traffic the better. And your time's worth money - if lane-splitting saves you an hour every work day for doing something you like, as it does me, that's 245 hours a year. Your annual leave only totals 120 hours. So, until the 'keep left' law starts being enforced, or the 'no overtaking on the left' law is repealed to allow the least-guilty motorway users unimpeded passage, for safety, mental and physical health, and timesaving I recommend...

    Don't get me started.

  10. #10
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    Clickey Risky, that was pretty well worded.
    My theory has been: if the next thing I have to do is merge with these guys, I'd best not upset them too much.
    The whole deal was about as clear as a fogged up visor but what you have said makes good sense.

    But those JP's need a talking to I feel there appears to be some floors in their logic.
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  11. #11
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    SOUNDS like you had a nasty brush with the law over this topic

  12. #12
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    It's pissing down, visor fogged up, just before 9am, the traffic is backed up, there is at least one accident ahead and oh, did i mention it's pissing down?

    What do you do? try and remain semi legal and pass in between two sets of cars, some of who keep left, some don't and some think they may just not bother to indicate today (hands full with coffee and cell phone).

    So you try for a while but eventually you start to get knackered holding your bike at 2 k/hr then up to 30, maybe 40 or 50 and down to 2 again. Nah, this is too dangerous you tell yourself.

    What do you do?
    Pull over to the side of the road and have a rest?
    Keep in line with the traffic and stop and start with it?
    Take the emergency lane and go for sympathy from the cops?

    This morning I took the emergency lane option, it was definatly the safest option. IMHO 2 wheelers should have the option of using the emergency lane if the traffic is going less than 20 - 30 k/hr but we should be limited to 50k/hr or so.
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  13. #13
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    I totally agree, we are allowed to use the bus lanes etc on the normal roads. So why not on the motorway at slow speeds. Plus like you said its a safety thing for us. Dont you just love those idiots in cars trying to talk on there cell and read the paper in rush hour.

  14. #14
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    Link to Poll on accidents from filtering

    At the time of posting it appears to be a mostly safe occupation
    97% have not fallen off

    but the remainder (two fallers) went off big time.

    http://www.kiwibiker.co.nz/forums/sh...ad.php?t=21699
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    YOU ONLY NEED TWO TOOLS IN LIFE - CRC AND DUCT TAPE. IF IT DOESN'T MOVE AND SHOULD, USE THE CRC. IF IT SHOULDN'T MOVE AND DOES, USE THE DUCT TAPE

  15. #15
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    Now i got pulled over the other day for riding in a bus lane, even when i tryed to explain to the officer that bikes are allowed to use them he proceeded to explain to me that i was half right we are allowed to use them as long as the signs don't say "Bus Lane ONLY".

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