North Shore: Northern Motorway: Police targeting motorcycles (25 January)

[BoristheBiter]

There is no specific legislation that covers lane splitting. It walls under into a grey area that is covered by the general passing legislation. The Wiki has all the info about it.

My belief is that it is possible. However if you get charged with something like careless driving or unsafe lane change, then you are fighting a "subjective" charge. And if it goes to court, and the cop says it was unsafe, and you say he's wrong - who do you think the Judge will side with.
Unless you have deep pockets, those kinds of charges can not be defended - don't even try.

even subjective laws have to the relivant legisation to back it up.

[p.dath]

even subjective laws have to the relivant legisation to back it up.

Not really. This is where case law steps in, and that is where the definition of "unsafe", "careles" and "dangerous" are "polished". Basically the court applies a test of what a "prudent" driver would have done.

And how do you establish case law? Well you have to have enough money to take a case to the high court (ideally, but a district court sets a weak precedent). And then you have a barrister argue the case. More than likely, you'll have to do a survey of "prudent" motorists to establish normality. And of course you have to win. And of course, hope that the Police don't appeal it.
All in all, it would cost you around $20k to $30k to establish a precedent, and probably take two years of your life.

See what I mean about it just not being worth it?

[Mully]

I wouldn't, because if he's got sand in his vagina he'll do you for unsafe lane change at best and potentially dangerous driving at worst. No need to provoke them. If you're getting a warning, keep your mouth shut.

Yep. Plus "failing to indicate for three seconds" for every time you passed a car

Sounds like this cop was just having a waaaaaaaa (tm) at bikes. I've generally found them pretty good (I'd probably filter past one a week at least on the North-Western carpark) as long as you're not being (in their opinion) a twit.

Despite popular KB opinon, most cops are good people. And if you aren't being a wally (EDIT: and you don't fail the attitude test), they will generally use their discretion and not even bother with the paperwork.

[BoristheBiter]

Not really. This is where case law steps in, and that is where the definition of "unsafe", "careles" and "dangerous" are "polished". Basically the court applies a test of what a "prudent" driver would have done.

And how do you establish case law? Well you have to have enough money to take a case to the high court (ideally, but a district court sets a weak precedent). And then you have a barrister argue the case. More than likely, you'll have to do a survey of "prudent" motorists to establish normality. And of course you have to win. And of course, hope that the Police don't appeal it.
All in all, it would cost you around $20k to $30k to establish a precedent, and probably take two years of your life.

See what I mean about it just not being worth it?

Yes but it also applys to to police. they have to look at case law aswell.

[MSTRS:Me]

Despite popular KB opinon, most cops are good people. And if you aren't being a wally (EDIT: and you don't fail the attitude test), they will generally use their discretion and not even bother with the paperwork.

Not true. How many have a ticket for 111kph, on a sunny day and empty straight road?

Yes but it also applys to to police. they have to look at case law aswell.

Someone needs to have 'set' that case law, though. Has anyone, in the case of splitting?

[BoristheBiter]

just spoke to mrs boris and have been informed the the charge is overtaking in an unaviable lane.

Also the inspector for traffic does not like bikes and has told his minions to target them.
wait about a week and it should die down again untill then just ride correctly.

[MSTRS:Me]

just spoke to mrs boris and have been informed the the charge is overtaking in an unaviable lane.

Also the inspector for traffic does not like bikes and has told his minions to target them.
wait about a week and it should die down again untill then just ride correctly.

No such charge, when 'sharing' a lane to the right of the vehicle you are passing...
A personal dislike of this/that vehicle type has NO place legal terms. These pricks do not make the law.

[yachtie10]

Also the inspector for traffic does not like bikes and has told his minions to target them.
wait about a week and it should die down again untill then just ride correctly.

Are you suggesting i would ride anything but correctly?
so did a biker/s do something to piss him/her off or just an arsehole?

[yachtie10]

No such charge, when 'sharing' a lane to the right of the vehicle you are passing...

Agreed; but as we all know kiwis seem to drive to right of their lane makeing it safer to move accross to next lane.
Unfortunately making what we do safer but technically illegal.

[p.dath]

just spoke to mrs boris and have been informed the the charge is overtaking in an unaviable lane.

There is no way he would have been close enough to observe weather the riders were on the left or the right hand side of the lane marking. But of course, we were all to the left of it, so were in the same lane as the vehicle, making it an overtaking on the right manoeuvre. The unavailable lane charge is a bit laughable.

[red mermaid]

No such charge, when 'sharing' a lane to the right of the vehicle you are passing...
A personal dislike of this/that vehicle type has NO place legal terms. These pricks do not make the law.

An Inspector is a rank and usually is in charge of at least 30 staff.
When he/she issues a directive they expect to see action and hold their staff accountable to show them their activity...just like any workplace really.

Although many years ago a Sgt retired who had many years of service in the Police Assn, and was asked if he would do anything differently if he had the chance.
His reply was something along the lines of having a lobotomy and coming back as an Inspector.

[ManDownUnder]

So you'd rather be a loud mouth and argue with him & actually get ticketed than keep your mouth shut & get given a warning? Thats smart...

... but we are KB - therefore we know what's best (and if there's a disagreement within KB... replace the second "we" with "I").

Remember the old maxim "I before we, except on KB" (tm)

[BoristheBiter]

No such charge, when 'sharing' a lane to the right of the vehicle you are passing...
A personal dislike of this/that vehicle type has NO place legal terms. These pricks do not make the law.

WTF you can't share lanes, you are ether behide someone or in front or overtaking.
Any if these if not done to the road code can get you a ticket.

FYI these pricks as you call them you tossed up fuck don't need to make the laws they are allready there.
the fact that most cops don't give a rats about lane splitting doesn't make it legal to do.
its the fact that they are clamping down on this is the thing you have to watch out for.

so if you want to fight a ticket you tell the copper who gives you a ticket and you can argue the toss with him.

[ManDownUnder]

Not true. How many have a ticket for 111kph, on a sunny day and empty straight road?

Resepctfully - that only highlights a few cops not being good people, or possibly being forced to work to rule by others. I agree with Mully on this one. They tend to meet like with like. You get pulled over (for whatever reason) and you get aggro - expect them escalate the tensions as well. Talk to them a reasonable people - and you'll generally get the same in return.

There are a few exceptions to the rule as with any group of course but in my dealings with the cops over the years I've yet to fault them in their handling of the situation. One was a bit of a smart arse while he was ticketting me, but he got the facts right and I had indeed done the crime I was accused of

[ManDownUnder]

WTF you can't share lanes, you are ether behide someone or in front or overtaking.

I always thought sharing a lane would mean riding alongside someone in their lane... and you're saying that's not actually possible?

I reckon I could pull it off...