Bus lanes and motorcycles in Wellington

**centaurus** · 4th May 2007, 09:33

This morning I've been stopped and fined by a police officer for riding on a bus lane (the one coming from Karori). I told her that as far as I knew it was legal (wasn't a "bus only" marked lane, was only a green lane). She told me it is illegal for motorcycles to ride on the bus lanes, only cycles are allowed. Looks like they are out and about today to catch people who drive/ride on the bus lanes.

As soon as I arrived at work I did a search on the net and I found a page on the official Wellington council website, which specifies clearly that motorcycles ARE allowed on the bus lanes.

In case any of you gets stopped in Wellington, tell them to go read the council regulations again - it is legal to ride on a bus lane, as long as it's not marked as "bus only".

Here is the webpage:
http://www.wellington.govt.nz/projec.../buslanes.html

**magicfairy** · 4th May 2007, 10:15

So are you going to take it up with the officer (or her senior) that issued the ticket and see what they say? I'd be pretty angry given you pointed out you thought it was legal. And the officer was wrong.
Because of course now you have to go thru the hassle of writing in to defend the ticket that should not have been issued - cops will say "all out of their hands now - write a letter"

**Hitcher** · 4th May 2007, 10:24

Read your ticket very carefully. Last I heard, Wellington City Council was still in discussion with the Commissioner of Police regarding bus lane traffic enforcement. The Police had been resisting, given the level of resource required.

Give the WCC a call of 499 4444 and see if things have changed.

**centaurus** · 4th May 2007, 10:45

Originally Posted by magicfairy

So are you going to take it up with the officer (or her senior) that issued the ticket and see what they say? I'd be pretty angry given you pointed out you thought it was legal. And the officer was wrong.
Because of course now you have to go thru the hassle of writing in to defend the ticket that should not have been issued - cops will say "all out of their hands now - write a letter"

She didn't hand me a ticket. She took my details and told me I was gonna receive a ticked in the mail. As soon as I receive the ticked, I'm gonna go and contest it. I also found the same information on the LTSA webpage:

http://www.ltsa.govt.nz/road-user-sa...s/rur-qas.html
"Can motorcycles use bus lanes?
Yes, unless specifically excluded by signs."

**Nasty** · 4th May 2007, 11:19

Great work on looking things up rather than just getting pissed off .. always pays to have all the info first!! BLING for you!!

**centaurus** · 4th May 2007, 11:26

Originally Posted by Nasty

Great work on looking things up rather than just getting pissed off .. always pays to have all the info first!! BLING for you!!

Thanks Nasty. I've just written an e-mail to the Wellington council (their phone line was busy - obviously) and I expect their official answer about motorcycles and bus lanes. I'll keep you posted as soon as I have an answer.

**ManDownUnder** · 4th May 2007, 11:27

Originally Posted by centaurus

She didn't hand me a ticket. She took my details and told me I was gonna receive a ticked in the mail. As soon as I receive the ticked, I'm gonna go and contest it. I also found the same information on the LTSA webpage:

http://www.ltsa.govt.nz/road-user-sa...s/rur-qas.html
"Can motorcycles use bus lanes?
Yes, unless specifically excluded by signs."

Hopefully it was a sub 100kph strecth of road (i.e. Wellington City Council controlled) because their website clearly confirms the rules applicable and you're sweet!

If it was a 100kph stretch of road it's governed by transit (LTSA) in which case their rules apply, and the "sepcifically exluded" section of their rules is a big grey area they interpret "buses only" to mean "no motorcycles" - even though it's not a "specific" exclusion.

Good luck though - and give it a push. Let us know how you get on.

**pete376403** · 6th May 2007, 20:56

If this is part of a regular morning commute you should print the page and carry it on the bike so you can educate the police officer next time

**centaurus** · 6th May 2007, 21:56

Great minds think alike

I already printed the page from the WCC website and I'm carrying it in my backpack for exactly this purpose.

**centaurus** · 9th May 2007, 16:03

from: Stephen
to xxxxxxxx
date May 9, 2007 12:31 PM
subject RE: Customer Enquiry Raised in Confirm - Enquiry xxxxxxx

The information on the Website is correct. Motorcycles are permitted to
use "Bus lanes" but not "Bus Only" lanes. This is covered by Council
Traffic resolutions.

Mith Busted

Now I have official proof.

**Nasty** · 9th May 2007, 16:24

Great work ... and congrats on getting an answer from them ... I will remember this one should they try and ping me

**Jantar** · 9th May 2007, 17:27

Originally Posted by centaurus

from: Stephen
to xxxxxxxx
date May 9, 2007 12:31 PM
subject RE: Customer Enquiry Raised in Confirm - Enquiry xxxxxxx

The information on the Website is correct. Motorcycles are permitted to
use "Bus lanes" but not "Bus Only" lanes. This is covered by Council
Traffic resolutions.

Mith Busted

Now I have official proof.

However the MOT traffic rules over-rule any local authority bylaw. You can legally use any bus lanes unless SPECIFICALLY excluded. A sign saying "Bus Only" or "Busses Only" only specifies busses. It does not specify motorcycles, and therefore motorcycles are not SPECIFICALLY excluded.

I believe that in enough cases motorcyclists have defended and won cases based on this wording that in some areas police have been told to back off from ticketing motorcyclists on bus lane.

**Sanx** · 9th May 2007, 17:44

I had it on good authority that the Auckland motorway bus lanes, in which - according to TranshitNZ - we're not allowed to ride in, are incorrectly signed and that cops have been told not to bother giving bikers tickets as they'll get thrown out in court.

**Fatjim** · 9th May 2007, 19:28

I'd like to know whether

a. The Land Transport (Road User) Rule 2004 can be superceeded by a local or regional authority. And if it can, how is it reasonable for the courts to expect anybody to know regional and local exceptions, regardless of where they commit an offence.

b. if a "bus lane means a lane reserved by a marking or sign installed at the start of the lane and at each point at which the lane resumes after an intersection for the use of—

(a)buses; and

[(b)cycles, mopeds, and motorcycles (unless one or more are specifically excluded by the sign)"

How can "bus lane only" be a specific exclusion