Bike vs Car: what are my rights?

[Mully]

That is the offence...not lanesplitting. You must be within the same lane as the vehicle you are passing, and on the right side of that vehicle. The moment you veer to the right of the lanemarking (assuming centre of two lanes of traffic) you are deemed to be undertaking the vehicle to your right.

, but I still think the cop must have been having a bad day or there's more to the story - I regularly filter past cops, and go wherever there is space, and I've never had a problem.

Ideally, if all cars drove "as far to the left as practicable" within their lane, it wouldn't be an issue cos there'd be heaps of room for bikes to overtake within the lane. As it is, most line up with the right of the lane, so bikes have to go where there's room.

I've said it before, and I'll say it again: Most cops aren't actually dicks (despite what you read on KB), and as long as the cop doesn't think you're being a wally, he wont give you a ticket, or even a second look. That's my theory, and so far (touch wood) it's worked for me.

[Motig]

Just a technical point- nothing to do with whose right or wrong- but surely if the traffic in the fast lane was slowing down/ stopped it should have given you a clue that something was happening up ahead that might have warned you to be cautious ?

[gwigs]

Exactly the same thing happened to me.....thirty odd years back....
Just make sure you say you were on the right hand side of the left lane so that you were not illegally overtaking.worked for me ..insurance paid out.
Easy to get caught out...taught me a lesson..cagers dont see you in those circumstances.

[Drogen Omen]

Just a technical point- nothing to do with whose right or wrong- but surely if the traffic in the fast lane was slowing down/ stopped it should have given you a clue that something was happening up ahead that might have warned you to be cautious ?

I slowed right down to about 25- 30km cause i saw the car slowly creeping in but saw that the bus was in his way so i kept going. That's what the front of his car popped out and hit my tank.

Not sure if he took his foot off the break and it lunged forward just enough to clip me.

Thanks for all your input have the forms and diagram have just arrived for me to fill out for the insurance company.

[90s]

I slowed right down to about 25- 30km cause i saw the car slowly creeping in but saw that the bus was in his way so i kept going. That's what the front of his car popped out and hit my tank.

Not sure if he took his foot off the break and it lunged forward just enough to clip me.

Thanks for all your input have the forms and diagram have just arrived for me to fill out for the insurance company.

Good luck with the claim.

Your last post makes it more clear that he was proceeding without being able to see clearly - ie. could not see past the bus. There have been convictions in the last year of cagers using the defence that "as they couldn't see" past obstructions or because of sunstrike they caused an accident, and the law was clear that in that case they should wait (for the bus to have moved in your case). So you were pretty cautious (almost enough ...)

For the other points clatification - lane splitting does not exist within the law, but overtaking within your lane and overtaking parked vehicles is legal (cars in traffic are technically parked if not moving). So its important not to be undertaking.

Cops lets us split most of the time, but sometimes they clamp down on certain riders are lane-splitting in general "because". Most cops are OK but some do not understand the law that well themselves (my neighbour was a traffic cop and did not know much of the basic road code. I was amazed. Others know every full stop paragraph of the law, not just the road code).

And yep, sometimes I do always not split past the cops. Why? I have been pulled before and they give the bike a firm look over before conceding I have not done anything wrong, WOF & Rego OK, licence OK etc before letting me go having satisfied themselves and wasted 10 mins of my time. And I have never been told that there was any issue with my riding by them - just gives them an excuse.

[Drogen Omen]

Just got this from LTSA...

Good afternoon Christian

Thank you for your email dated 18 August 2009.

The Land Transport (Road User) Rule 2004 covers the majority of road rules. The Rule does not specifically cover 'lane splitting', however, section 2.3 Use of Lanes advises the rules relating to using vehicle lanes, it states:

2.3 Use of Lanes

(2) A driver, when driving on a road marked in lanes, -
(a) must drive as far as practicable entirely within a lane except when complying with subclause 2.1(2) or when changing lanes; and
(b) must not move from a lane until he or she has first ascertained that the manoeuvre may be made safely.

I have provided a link to this section of the Rule below.
http://www.legislation.govt.nz/regul...DLM303043.html

From the diagram you have provided prior to the accident, you appear to be passing two vehicles, one to your left and one to your right. I have provided links to sections 2.7 Passing on the right and 2.8 Passing on the left, which may be of assistance.
http://www.legislation.govt.nz/regul...DLM303049.html
http://www.legislation.govt.nz/regul...DLM303050.html

Section 2.12 Motorways of the Rule advises the following in relation to u-turns:

2.12 Motorways
(4) A driver must not reverse or make a U-turn on a motorway.

I have provided a link to this section below.
http://www.legislation.govt.nz/regul...DLM303055.html

I hope this is of assistance to you.

Regards
______________________________________________
Senior Customer Service Representative
NZ Transport Agency
Transport Registry Centre
Private Bag 11777
Palmerston North 4442
New Zealand
www.nzta.govt.nz

Please consider the environment before printing this email

[Patrick]

Turning vehicle fails to give way to vehicle not turning = $150 for him. (If you were in the right side of the lane, not undertaking on the left side of the lane... if you follow....?).

[KingJackaL]

That is the offence...not lanesplitting. You must be within the same lane as the vehicle you are passing, and on the right side of that vehicle. The moment you veer to the right of the lanemarking (assuming centre of two lanes of traffic) you are deemed to be undertaking the vehicle to your right.

Quoted for truth (also 90s's post). If you're on a push-bike you can do this anyway (push-bikes can undertake anyone in the 'center lane' or turning right). Asking if lane splitting is legal isn't the right question - it depends how you do it .

[90s]

Just got this from LTSA...

Hmmm, well the devil is in the interpretation of things.

First none of this is relevant to overtaking parked traffic. From the self-same website:

Passing on the left -You can only pass on the left when:

there are two or more lanes on your side of the centre line and you are able to pass safely by using the left-hand lane
you are directed to by a police officer
the vehicle you are passing:
has stopped
http://www.landtransport.govt.nz/roa...g/passing.html

Also for overtaking within your lane:
You can pass at a no-passing line if:

you stay on your side of the solid yellow line

(which is the same justification for overtaking within a lane and overtaking parked traffic)

To argue the other way you are not allowed to overtake near a junction or where visibility is less than 100 meters ahead, but that will not preclude the overtaking of parked (stationary) cars towards a junction.

Basically this is all a reflection of the fact the code is written soley for cars, and bikes are at best an afterthought that do not fit in. So we ride often between the lines.

In your case the insurance companies are not proceeding on the letter of the law but who seems more to blame, and to what level. Cut it how you like but that guy should not have pulled across if he could not see clearly.

[MarkH]

Ideally, if all cars drove "as far to the left as practicable" within their lane, it wouldn't be an issue cos there'd be heaps of room for bikes to overtake within the lane. As it is, most line up with the right of the lane, so bikes have to go where there's room.

It is precisely because of this that I break the law almost every time I use the motorway. I ride where the biggest gap is for my safety rather than worry about the legal fineprint.