Esmonde Road Bus Lane - BUSTED!

[daveeasey]

Hi all

I just received an identity request from the 'boys in blue' over my use of the bus lane in Esmonde Road. Anyone else received one recently - it was on the 19th Oct and another bike went past the cop ahead of me ?

I reckon it's coz they've recently changed the layout at the on-ramp and they want to deter bikes using the bus lane with the imminent arrival of the busway.

Anyway I intend fighting the bstds with the following reply:

Please note that I was the rider of the above vehicle at the time of the claimed offence. As far as I am aware however I did not commit an offence by using the bus lane in Esmonde Road.
I am aware that Transit Bylaw 2002/19 only permits scheduled buses to use bus lanes on motorways however Esmonde Road is not classed as a motorway and hence the bus lane along it does not fall under the Transit Bylaw.
The Land Transport (Road User) Rule 2004 clearly states that “Only cyclists, motorcyclists and buses are allowed to use bus lanes.” and hence as my vehicle is a motorcycle I am permitted to use the bus lane in Esmonde Road. Furthermore within the Questions and Answers section of the Land Transport website on the Road User Rule it specifically states “Can motorcycles use bus lanes? Yes, unless specifically excluded by signs.” There are no signs on the Esmonde Road bus lane specifically excluding motorcycles.
As a consequence of the above I consider that I have not committed an offence by using the bus lane in Esmonde Road."

Worth a try eh.........

[thealmightytaco]

Hell yes! Stick it to the man.

[bugjuice]

fuck yeah man.. wondered who that was heading down that way. I didn't see it, but my gf asked if that was ok, cos she saw either you or someone do the same thing. I said yeah, can't see why not. It isn't a motorway, and I would have probably done the same thing..

[Squeak the Rat]

What did the correspondance actually say? Your post doesn't sound like you're being charged.....

[Jantar]

Good on you mate. Its time that the law enforcers in Auckland learned just what the law is.

[Grahameeboy]

Good on you mate. Its time that the law enforcers in Auckland learned just what the law is.

I just think it is crazy that bus lanes have more than 1 law depending on her covers that section of road.......

[iwilde]

I always thought we could. I would have gotten a ticket aswell, worth writing a letter bout that one!

[Ixion]

We can. The law is quite clear, though a remarkable number of cops don't seem to understand it . Unless Esmonde Rd has come under the control of Transit NZ - ie is now classed as a State Highway or motorway. Improbable.

I'm assuming it was in Esmonde Rd proper, I'm not clear where the boundary is where Esmonde Rd turns into motorway down at the bottom.

[Blackbird]

Whoops Dave - you go for it mate, blue Blackbirds are allowed do anything Seriously, that sounds really weird and I'd be surprised if it goes any further. In fact, I'm surprised it's gone that far.

Cheers

Geoff

[sAsLEX]

Good on you mate. Its time that the law enforcers in Auckland learned just what the law is.

They stuggled under the old law and are still confused with the new one, plus they have just lowered entry standards to the Police.....

I'm assuming it was in Esmonde Rd proper, I'm not clear where the boundary is where Esmonde Rd turns into motorway down at the bottom.

There is a little sign in the grass saying Northern Motorway, as long as you were before that (ie say you were) then you can legally use the lane. In fact unless you are specifically excluded from the bus lane on the motorway one could argue you read the law and followed it to the letter as they are incorrectly signed there as well.......stupid people in power you see.

[daveeasey]

What did the correspondance actually say? Your post doesn't sound like you're being charged.....

It's only a request to give information about the driver but I'm sure once I respond it'll be a ticket.

[sAsLEX]

I reckon it's coz they've recently changed the layout at the on-ramp and they want to deter bikes using the bus lane with the imminent arrival of the busway.

They could conform to the law and set up appropriate signage........ but hey thats what a logical smart person would do......

[daveeasey]

We can. The law is quite clear, though a remarkable number of cops don't seem to understand it . Unless Esmonde Rd has come under the control of Transit NZ - ie is now classed as a State Highway or motorway. Improbable.

I'm assuming it was in Esmonde Rd proper, I'm not clear where the boundary is where Esmonde Rd turns into motorway down at the bottom.

Having done a bit of research Esmonde Rd is a bit of an anomoly - some of it comes under NSCC but the bit from Barrys Point Rd to SH1 is Transit's (still not motorway though). I also just found a NSCC bylaw that states the bus lane here is for "ominbuses only" so it's quite likely I'm stuffed - but I'll give it a go anyway.

[Hammer]

Worth a shot Dave. I'll keep the fingers crossed as otherwise it will be xx bucks not available for your SI trip booze kitty!!!

[Jantar]

I also just found a NSCC bylaw that states the bus lane here is for "ominbuses only" so it's quite likely I'm stuffed - but I'll give it a go anyway.

Unless there is signage that specificaly mentions motorcycles then you were riding legally. Any sign that says "Busses Only" does not exclude motorcycles.