Overtaking through heavy traffic

[Oggywh3]

Hi Guys - my first posting. I got a ticket from a police officer for "overtaking on the left": yes I was moving down the centre lane very sedately behind another biker in almost stationary traffic on SH2 in Lower Hutt - I ride a Guzzi California so I don't push it - too heavy, too wide, I'm too old! A cop in a car in the left lane put out his arm and we stopped behind him, but overtook when we could - I shook my head at him in passing, for being an officious jumped up little prat, so I got booked. OK, strictly he was right but I have heard or read that Police policy is to tolerate this as it smooths traffic flow etc etc. I intend taking this to court - I was booked because I shook my head, not for the offence - but I need some reference to this stetement of police policy. Can anyone help? Thanks.....

[russd7]

were you in the same lane as the cop or the other lane, i would say the cop was just shitty cause he was stuck an you werent, not all cops are assholes.

[unstuck]

You stopped, next time make him follow you home. Then invite him in for a nice cuppa and a yarn, they love that.

[st00ji]

good on you for testing it in court, lane splitting really needs some legal clarification imo

good luck! let us know the outcome

[R650R]

The only real reference to this in NZ law is that you are allowed to overtake another vehicle on the right in the same lane if you don't cross the centre line (ie there is oncoming traffic or the line is a yellow one and the other vehicle has pulled left and made space for you, like a farmers tractor might do etc).
If you are lane splitting and you end up on the left side of the right lane of two then yes you are technically overtaking on the left.
I don't think any defence of these fixed penalty type tickets ever results in success unless you have some dramatic groundbreaking new evidence to present.
I know of a guy here done in similar circumstances, he pulled out early in traffic along painted centre median to get to right turn bay, cop called it overtaking on median...
Used to lane split a lot but now mindfull of sad people with cellphones and ones like what you met...

[BMWST?]

its a technicality,if you are lane splitting you have to be in the rhs of the traffic but still in that lane,not the lhs of the traffic in the same lane.You can be in the lhs of the lane and overtake only if the traffic is stopped.

[mossy1200]

Two day earlier a Hornet rider got injured cutting traffic coming into Wellington. Ambo etc.
They probably have been asked to clamp down on it as a result.
Simple. If your sharing a lane with another vehicle and pass it on its left hand side then you are in the wrong, assuming that vehicle is moving. Its called passing on the left.

[Berries]

I shook my head at him in passing, for being an officious jumped up little prat, so I got booked. OK, strictly he was right but I have heard or read that Police policy is to tolerate this as it smooths traffic flow etc etc. I intend taking this to court - I was booked because I shook my head, not for the offence - but I need some reference to this stetement of police policy. Can anyone help? Thanks.....

I wouldn't waste your time and money on the court case. Your attitude got you the ticket, telling the judge he is an officious jumped up little prat might get you a bit more.

[swbarnett]

good on you for testing it in court, lane splitting really needs some legal clarification imo

Be careful what you wish for. The current situation is working. We are largely ignored unless you're a prat and fail the attitude test. A legal clarification of lane-splitting may well lead to a new law that prohibits it completely.

[Road kill]

Be careful what you wish for. The current situation is working. We are largely ignored unless you're a prat and fail the attitude test. A legal clarification of lane-splitting may well lead to a new law that prohibits it completely.

I look forward to the day it's clarified one way or the other.

A shit load of riders around AK use what they see as a grey area to act like total arseholes toward other road users.

The jerk off shaking his head as he rides away after being a cock himself is a classic example.

[Ender EnZed]

good on you for testing it in court, lane splitting really needs some legal clarification imo

At the moment it's not clearly illegal. Clarification is not going to benefit motorcyclists.

[mossy1200]

At the moment it's not clearly illegal. Clarification is not going to benefit motorcyclists.

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, or
◦is signalling a right turn, or
◦is turning right.


At all other times, when you are passing, you must pass on the right.

Thats the road code. It seems to be clear.
Probably the same cop had to go to the Hornet crash 2 days prior.

[Ender EnZed]

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, or
◦is signalling a right turn, or
◦is turning right.


At all other times, when you are passing, you must pass on the right.

Thats the road code. It seems to be clear.
Probably the same cop had to go to the Hornet crash 2 days prior.

Passing on the left within the same lane is illegal, passing on the right within the same lane is legal. Riding between two lines of traffic can arguably, hypothetically be done exclusively within the left lane to the right of other vehicles in that lane and therefore be legal.

Practically of course, this isn't the case. You ride between the two lines of traffic without hitting anything and the white paint is just somewhere you don't want your tyres to be if you have to brake. If it were a wall and you had to ride entirely within the left lane then opportunities for lane splitting would be extremely limited, but definitely not zero.

[swbarnett]

I look forward to the day it's clarified one way or the other.

A shit load of riders around AK use what they see as a grey area to act like total arseholes toward other road users.

The jerk off shaking his head as he rides away after being a cock himself is a classic example.

I agree that there are those that can't do it sensibly (as will always be the case with any potentially dangerous activity). A legal clarification won't change this.

The law as it stands means that 99% of all lane-splitting is illegal. It is however perfectly safe if done with care. A legal clarification will only shine a light on this and result in that safe 99% being targeted.

[breakaway]

A cop in a car in the left lane put out his arm and we stopped behind him, but overtook when we could [...] I was booked because I shook my head, not for the offence.

So not only did you get a warning and potentially got away with it, you decided to fuck with him and failed the attitude test?

I'd say you got what was coming to you.

Try to keep cool and check your ego next time.