Esmonde Road Bus Lane - BUSTED!

**Ixion** · 29th October 2006, 11:05

NSCC bylaw is irrelevant. Prior to the recent change (Land Transport (Road User) Rule 2004), buslanes were all controlled by councils. When the Road Rule was passed, LTSA took direct control of them . So the Road Rule obsoletes the bylaw (and would anyway, since local body bylaws cannot override statute law).

The only question is whether it is on the Transit controlled bit . And Transit only get away with it in their bylaw (since as noted above, a bylaw cannot override statute), by claiming that the motorway "bus lanes" are not bus lanes at all , but are an emergency stopping shoulder. Which they allow buses to drive on. A very contorted argument.

**Disco Dan** · 29th October 2006, 11:08

...now i was told that (for west auckland) motorbikes can use the bus lane on the motorway after 'western springs off ramp' (heading towards town). zip along m-way, get to western springs and keep going along bus lanes, even in the suburbs?

i understood it was a local council 'unoficcial rule' or something similar? as waitakere city council dont alow bikes in bus lanes, but city council does.

Hope this helps...

**Ixion** · 29th October 2006, 11:17

There are no such things as "unofficial rules". There is simple, the law.
The law explictly says that motorcycles may use buslanes. Unless *specifically* forbidden. In each case.

City councils cannot override statute law. They only have the authority Parliament has granted them.

Transit , in a *very* dodgy interpretation, claim that the motorway "bus lanes" are not actually buslanes at all. they are an emergency stopping shoulder, they claim. And Transit grant an exemption to the general prohibition on driving on such a shoulder, to scheduled bus services only.Thus weaselling their way round the law.

This is a very debatable argument. I hope one day to see it tested in court. But not by me.

Incidentally I also wonder how it comes about that a non elected and non responsible body has authority to make bylaws?

**crashe** · 29th October 2006, 11:26

Originally Posted by Disco Dan

...now i was told that (for west auckland) motorbikes can use the bus lane on the motorway after 'western springs off ramp' (heading towards town). zip along m-way, get to western springs and keep going along bus lanes, even in the suburbs?

i understood it was a local council 'unoficcial rule' or something similar? as waitakere city council dont alow bikes in bus lanes, but city council does.

Hope this helps...

No, do not ride on the motorway bus lanes at all.... $150 fine

The Auckland city streets where there is BUS LANES is set aside for Buses, pushbikes and Motorbikes. (they used to be the green painted lanes...)

West Auckland (Waitakere) don't have bus lanes at all.

**Fatjim** · 29th October 2006, 11:28

Bit of a problem. The law says lanes marked for buses only are legal roads for bikes. How does that said biker know if the the particular road he is on is exempt by some pissant little rule passed by someone else or not?

Honestly if it was me I'd front up to the court and get a ruling. Fortunately we just have hard shoulders and lane splitting to debte about in Welly.

**Ixion** · 29th October 2006, 11:39

Does anyone actually have a copy of this Transit bylaw?

**Jonny Rotten** · 29th October 2006, 11:52

think ill copy that reply you have writen to them and file it away for future use

**daveeasey** · 29th October 2006, 12:15

Originally Posted by Dynamytus50

Couple more drops and even you could join

Its going to come down to if esmonde road is classed as an onramp and where it is classed as one from. I would suggest going to Transit and asking exactly where the onramp starts. If you got back onto the road before the onramp is classed as starting then you have committed no offence. If you were on it then you have got caught out and will get the horrible $150 fine. I dont think they use the $750 one.

Yeah, the dilema is further complicated by the fact that 2 weeks ago they diverted the on-ramp route so that the bus lane follows the old route but normal traffic have to follow the new one, ie the bus lane is completely separated from normal traffic. It's also worth noting that the bus lane is coned-off which means that once a bike gets on it, you can't easily get off and BINGO -ticket in the post. Entrapment? I think so....

**daveeasey** · 29th October 2006, 12:21

I wouldn't mind but I only use the bus lane because it's damn safer than lane splitting !! (Isn't safety Transit's excuse for prohibiting bikes from motorway bus lanes in the first place?) Oh well I guess it's back to Russian Roulette.

When will those in power realise that bikes are part of the solution not the problem??

**Ixion** · 29th October 2006, 12:24

What is the problem with the cones? They ahve to be very close together for a bike not to fit betwixt them.

**sAsLEX** · 29th October 2006, 13:00

Originally Posted by Ixion

Transit , in a *very* dodgy interpretation, claim that the motorway "bus lanes" are not actually buslanes at all. they are an emergency stopping shoulder, they claim. And Transit grant an exemption to the general prohibition on driving on such a shoulder, to scheduled bus services only.Thus weaselling their way round the law.

Originally Posted by Fatjim

Bit of a problem. The law says lanes marked for buses only are legal roads for bikes. How does that said biker know if the the particular road he is on is exempt by some pissant little rule passed by someone else or not?

That is my main annoyance as well, they are signed jsut like every other bus lane that is availabe to bikes, and there is power under the law to quite simply ban bikes with a sign "Motorcycles Excluded", yet they fail to do this they are failing to follow the laws of the land so no one should be able to be charged.

It does not say "THIS IS NOT A BUSLANE BUT AN EMERGENCY STOPPING LANE THAT WE ALLOW BUSES TO USE BY INDICATING IT AS A BUS LANE WHERE CLEARLY IT IS NOT A BUS LANE BUT AN EMERGENCY STOPPING LANE", so how do us as the public know that it is different to every other lane marked "buses Only"

Originally Posted by Ixion

Does anyone actually have a copy of this Transit bylaw?

Its online, do a search.

Originally Posted by Dynamytus50

Couple more drops and even you could join

No thanks overqualified now.

Originally Posted by Ixion

What is the problem with the cones? They ahve to be very close together for a bike not to fit betwixt them.

And you can just kick em over.

**boomer** · 29th October 2006, 14:47

all this hassle cos you sat in a bus lane? fukin lane split ya big pansy

**Squeak the Rat** · 29th October 2006, 14:49

Originally Posted by daveeasey

Yeah, the dilema is further complicated by the fact that 2 weeks ago they diverted the on-ramp route so that the bus lane follows the old route but normal traffic have to follow the new one, ie the bus lane is completely separated from normal traffic. It's also worth noting that the bus lane is coned-off which means that once a bike gets on it, you can't easily get off and BINGO -ticket in the post. Entrapment? I think so....

So given Transits dodgy claim that the bus lanes are emergency stopping lanes that they let buses use, why have they diverted the emergency stopping lane away from the road and traffic that would use it?.... Unless it was a bus lane.....

**Disco Dan** · 29th October 2006, 15:02

Originally Posted by Squeak the Rat

So given Transits dodgy claim that the bus lanes are emergency stopping lanes that they let buses use, why have they diverted the emergency stopping lane away from the road and traffic that would use it?.... Unless it was a bus lane.....

looks like as soon as it tears away from road, it becomes bus lane?

dam transit!!

...lets all zoom up the bus lane at the same time!! yay!! hehehe ...then go hit the toll booths!! yay!!! ....oh er.. ahem...