Bike cop learns me of bus lane law...

[Patrick]

Just out of interest, how many pissed motorcyclists do you encounter? I always seem to get waved through at checkpoints without being checked.

yeah, may be a presumption that the motor bike rider wouldn't be riding if pissed... I think the same of car drivers driving, but am always proved wrong, so motorbikes do get checked too (and taxi drivers!! - found a few pissed taxi drivers in my time...). Have found a couple of pissed riders, but not many in 22 years....

[Max Preload]

yeah, may be a presumption that the motor bike rider wouldn't be riding if pissed... I think the same of car drivers driving, but am always proved wrong, so motorbikes do get checked too (and taxi drivers!! - found a few pissed taxi drivers in my time...). Have found a couple of pissed riders, but not many in 22 years....

I guess. Maybe the test is seeing if they get a wobble on as they slow for the checkpoint lol

Pissed taxi drivers - the way they drive up here I would be surprised if they're not all pissed.

[Patrick]

I guess. Maybe the test is seeing if they get a wobble on as they slow for the checkpoint lol

Pissed taxi drivers - the way they drive up here I would be surprised if they're not all pissed.

Right on both calls...

[scracha]

They are getting a real beer over in uk soon. The speights pub is on a ship on its way over as we speak.Good onya mate.

bwhwhwhhahahahahahahahaha. You think the $hit they sell here is good beer? I reckon the speights ship will be full of wingeing kiwi's. If NZ is so good then why don't they @#$ck off ba...oh...wait....I'm getting confused.

[sAsLEX]

And the bike turns out to be stolen, or the rider (not necessarily the owner even) is disqualified or pissed... or I then have to send a letter to the owner requesting driver details, then track down the driver... sheesh... ticket now, sort later is MUCH MUCH easier... I prefer to keep it simple....

CAn you read the plate without stopping them? Call it in to check stoleness? Then pull them up?

[Patrick]

CAn you read the plate without stopping them? Call it in to check stoleness? Then pull them up?

The owner is still at work, doesn't know his home has been done over and his bike gone...

[Delphinus]

The owner is still at work, doesn't know his home has been done over and his bike gone...

Just curious, how often is this the case that you pull someone over and find its a stolen bike?

[Patrick]

Just curious, how often is this the case that you pull someone over and find its a stolen bike?

Haven't had too many bikes (most gap it, and those 1 litre plus buggers are hard to keep up with... ) but have found plenty of cars, last one was a speeder on the Desert Rd, blew the motor and stopped at Waiouru... first thing I saw was the screwdriver sticking out the ignition

[BIKEGAL68]

the law on this is writen in the bike road code manual

[Sanx]

the law on this is writen in the bike road code manual

I hate to point this out, but what's written in the road code is not necessarily what happens to be the law. This particular topic is another example of something that isn't quite as cut and dried as some would have you believe.

[albanite]

Checked the Transit New Zealand website and found this media release. Bit long for a posting but shows its full context.
Presumably it is still current.

http://www.transit.govt.nz/news/Medi...se-7507Transit New Zealand

Auckland Regional Office

25 February 2005

Media Release
Motorcyclists and cyclists reminded not to use motorway bus lanes

Transit New Zealand wishes to remind cyclists and motorcyclists that they are not allowed to use any bus lanes on Auckland's motorways even when the new traffic rules announced by Land Transport NZ come into force on Sunday (27 February).

Transit New Zealand regional manager (acting), Richard Hancy, says the new rules, which will allow cyclists and motorcyclists to use bus lanes on other roads, do not apply to bus lanes on motorways. 'Motorways are governed by Transit Bylaw 2002/19 which only allows motorway bus lanes to be used by 'timetabled passenger service vehicles'. This bylaw overrides the new traffic rules,' he says.

Mr Hancy says that at present bus lanes on motorways are in effect 'emergency shoulder lanes' that are converted to bus lanes between 6.30am and 9.30am to accommodate morning peak periods.

'Motorcyclists cannot use these emergency lanes, even when they are temporary bus lanes, because the motorway is a high speed environment and the risk of a motorist pulling off to the side in the event of a breakdown makes it even more dangerous,' says Mr Hancy.

'As far as cyclists are concerned, like pedestrians, they have never been allowed to use the motorways and this remains unchanged.' We are, however, incorporating special cycleways off the motorways whenever possible into all our new projects. We already have a cycleway that runs alongside the causeway of the Northwestern Motorway.

Special signs reinforcing the message that the emergency lanes are for buses only in morning peak periods will be erected along the motorways.

end

[Jantar]

This bylaw overrides the new traffic rules,' he says.

Under New Zealand's legislation bylaws may not overide rules or laws set by parliament. In this case the new road rules pertaining to Motorcycles in bus lanes did allow Transit to set their own bylaws. All they had to do to keep their bylaws current was to erect signs that specifically exclude motorcyles.

Special signs reinforcing the message that the emergency lanes are for buses only in morning peak periods will be erected along the motorways.

So why hasn't that signage been erected yet? Until such signs are erected motorcycles can legally use the bus lanes on the motorway.

[sAsLEX]

Under New Zealand's legislation bylaws may not overide rules or laws set by parliament. In this case the new road rules pertaining to Motorcycles in bus lanes did allow Transit to set their own bylaws. All they had to do to keep their bylaws current was to erect signs that specifically exclude motorcyles.




So why hasn't that signage been erected yet? Until such signs are erected motorcycles can legally use the bus lanes on the motorway.

He also shoots himself in the foot by saying they are "bus lanes" not special lanes allocated to buses at times, as alluded to in a post by me above there is a way out if they were NOT bus lanes but it appears they are!

[swbarnett]

So why hasn't that signage been erected yet?

Maybe they have. Would the courts not see "Buses Only" as an implied exclusion of everything except buses?

[Jantar]

Maybe they have. Would the courts not see "Buses Only" as an implied exclusion of everything except buses?

The legislation requires Specific exclusion, not Implied exclusion.

I have asked before, but here it is again... How does a motorcyclist from outside the Auckland region know that Transit do not intend to allow motorcycles in their bus lanes if the signage does not meet the standard required in the rest of the country?