Lane-Splitting offence

[R6_kid:Me]

hmmm, i think i'll just ring up and say i was riding the bike, as there are no charges laid at the moment there isnt too much to worry about but i will post tomorrow night once i have made the call....

[Zed]

...Write in and tell them that you were riding at that time, however you do not admit to any of the allaged charges against you...

What that man said!


Zed

[aff-man]

yip i agree with Zed and Zapf. It was probably someone dobbing you in because they couldn't do it.

[maybe]

I would think even in todays climate they would have to have a wittness that was prepared to go to court and give evidence against you, most people will not do that they may say ye but when it comes to the day suddenly remember they had somthing else on.

[Zapf]

I would think even in todays climate they would have to have a wittness that was prepared to go to court and give evidence against you, most people will not do that they may say ye but when it comes to the day suddenly remember they had somthing else on.

Yep, Garath_d. Make sure you write in. Need the paper trail if it ever happens u want to take them / or them take u to court. And don't give any more information than needed. I know the game fairly well.

Yes. they'll be luckly if the witness ever appears. And if they do, they don't know what they are talking about anyway.

[marty]

if you do nothing, then you face being charged with 'failing to give details'.

if you write in, and 'without prejudice' admit to riding the bike on date/time, but admit nothing else (don't even say that you weren't laneplitting) the worst that will happen in a $150 unsafe overtaking or lane change ticket. the best is a warning. if they have you on camera (likely) you're nailed. if it's a *555 your chances are better. if it's a 'roadwatch' report you'll get a warning. you are entitled to ask for that information before you admit to riding, as it's your bike involved. contact the cop who's name is on the letter, and ask them for the info, then write your letter.

[speedpro]

Driving (very slowly) home along the NW motorway about 5pm and who do I see sitting just past the Rosebank on-ramp but someone who looked a lot like my old mate standing beside his police bike. He was concentrating something fierce looking back towards town. Being the cynical bastard I am I immediately thought - "He's looking for bikes splitting lanes the tosser". Anyway I crept about another 50m when this bike goes past with me old mate right behind with the lights going. Next I saw they were down the first left off the motorway at Te Atatu having a chat.

With all the inconsiderate driving that goes on with the traffic from Rosebank 'merging' with the motorway traffic it would make more sence to me to be keeping an eye on that, hard to keep your quota up doing that though, aye!

As Wari's experiance illustrates and my enquiries confirm - most of the HP guys can't be bothered. As my experiance and observations illustrate there is probably only one who does.

[chainsaw]

if it is an infringement notice, the fine must be specified
a letter saying you have to identify the rider sounds weird - have you read it right?
what section of the transport act or traffic regs sets a 10 grand fine for not replying to a letter that is neither an infringement notice or a summons ?
it should state it on your letter.

for careless use, the burden is on the prosecution to prove your actions were not those of a careful and prudent driver. surely a motorcyclist can manoevre between lanes carefully and prudently. Plead not guilty, play the adjournment game, string it out for as long as you can and they will either lose the file or the cop will be transferred or their evidence (a witness) will not be available.

you have a right to remain silent. I would be interested to know what the statute reference is for demanding identity of a driver / rider if no proceedings have been commenced.

[chainsaw]

speed camera provisions of the land transport rule create a situation where you can identify another driver if you do not admit liability.

liability is only established if an infingement notice has actually been issued.
as far as i know - there is no offence for failing to reply, the rule makes the registered owner liable unless the notice is defended or another driver is identified as the culpable party, in which case the pigs have to lodge the proceeding again in the name of the other driver.

you are "charged" under summons, for which you face a conviction
for an infringement notice, you are simply "ordered to pay" and there is no conviction.

if it's just a letter - they're just wanking off

I don't think you're under any obligation unless you have been served with a summons or an infringement notice.

[Zapf]

Ermm.. if this is the case. The ring the courts or the Police who wrote you the letter, and find out under what letter of the law are they requesting for the information and for what purpose they'll be using it.

[Mongoose]

speed camera provisions of the land transport rule create a situation where you can identify another driver if you do not admit liability.
.

if it's just a letter - they're just wanking off

I don't think you're under any obligation unless you have been served with a summons or an infringement notice.

Me thinks that the young fella, luckily enough, has enough brains to listen to the advice from those that know.You know, the ones in the job. Perhaps if the whole thread had been read you would have noticed this.
It was stated several times it was not an infringement notice but a Tell us who was riding your bike. And the penaltys for not doiong so were on the letter.

[enigma51]

This whole lane sharing thing being illegal and dangerous is bull shit. I have been riding for years and to be quite honest I have heard more stories of people that got hit from behind because they were in the middel of the lane than people that got take out cause they are passing a slow moving car in the same lane. I apply the rule that if you are going to pass a car make sure he sees you. Most people give you space in any case. What is the rule on same lane passing thing cause I move between lanes alot cause people drive like shit. I have spoken to a few cops and each one has a different take on it.

[scumdog]

if it is an infringement notice, the fine must be specified
a letter saying you have to identify the rider sounds weird - have you read it right?
what section of the transport act or traffic regs sets a 10 grand fine for not replying to a letter that is neither an infringement notice or a summons ?
it should state it on your letter.

for careless use, the burden is on the prosecution to prove your actions were not those of a careful and prudent driver. surely a motorcyclist can manoevre between lanes carefully and prudently. Plead not guilty, play the adjournment game, string it out for as long as you can and they will either lose the file or the cop will be transferred or their evidence (a witness) will not be available.

you have a right to remain silent. I would be interested to know what the statute reference is for demanding identity of a driver / rider if no proceedings have been commenced.

Woop-Woop-Woop, Danger, Danger, bad advice warning Will Smith!!! could cost you up to $10,000, Danger, Danger!
(You'd have to be a fan of Space Family Robinson (or was it Lost in Space) :confused2 to understand that line

[aff-man]

yeh man i don't know if it is on your letter. But on the back of infringment notices there is a number for any inquiries. I have had to ring it and the person i spoke to was a helpfull enough chap. Just remember to get his name and what he said so you can use it if need be. Always pays to find out what is necessary from the horses mouth aye.

[loosebruce]

Could be wrong on this one, but if it was a *555 call i'm pretty sure they need more than one complaint to make a fine, one night a clown was driving dangerously in my suburb back in welly, called the cops they said that they would need at least two witness's to make a proscution, my mate was there with me and the driver got nailed. I'm sure that if it was only one person that made a call that they can't do anything but give you a warning, if more than one person rang about the way you were driving then yeah.
If it was me i would be ringing them up asking why exactly you got this letter! Don't admit to anything though!

Good luck with it all anyway. Let us know how you get on.