Some cops are arseholes

**NinjaBoy** · 16th August 2006, 22:40

Originally Posted by Qkchk

Oh yeah, he got the ticket in the mail alright! Looking at his ticket this is what they booked him for:

'Drove in lane unavailable' $150 Hmmmm seems like the officer had a hard time thinking up that "reason".

make sure you keep to the point without emotion. It could have been driving in an emergency lane $750

**Jantar** · 16th August 2006, 22:51

Defend it. You were there legally on two counts.

First: It was a matter of safety that you had to getout of the main line of traffic.

Second: Motorcycles are legally allowed to use bus lanes unless there is signage specifically prohibiting them. Unless the cop can show the court that there is a sign saying "motorcycles prohibited", or that there is a picture of a motorcycle within a red circle and with a red diagonal line through it, then you were there legally. You don't even need a lawyer for either of these defences, you can do it yourself.

**mdooher** · 17th August 2006, 08:32

Originally Posted by Dynamytus50

Secondly you are totally wrong. Motorcycles are not allowed to use buslanes on motorways. They are allowed to use them around town and in the suburbs as the local council's who are the authority dont have a problem with it. Transit who are the authority on the motorways decided that bikes should not be allowed in bus lanes. No bikes are allowed on bus lanes on motorways or motorway onramps.

Most bus lanes do have signs up but you dont need one up as they are normally green and i doubt you would get off on that defence.

I think this bus lane does have a sign in anycae.

I think it is time for someone to defend this bus lane crap.

It is not up to transit to make up shit, they must follow the law just like everyone else. If they don't want motorbikes on their bus lanes they are perfectly entitled to do that….but they MUST have a SIGN SPECIFICALLY EXCLUDING motorbikes. That section was put in the road transport rules specifically to stop different local bodies having different rules.

So my suggestion is if you get caught, defend yourself. It is a reasonable defence and even if you get found guilty at the most you might need to pay court costs.

An important point is that if you defend yourself you can usually get away with presenting all kinds of evidence just be polite and act like you are a little overwhelmed by the idea if being in court.

**mdooher** · 17th August 2006, 08:54

This is the only way transit could get you on a bus lane:

The following part of Land transprot rule 2005 section 2.12 (motorways)

(3)A driver must not drive in an emergency stopping lane unless—...
(c)a sign at the entrance to the lane indicates vehicles of a specified class or classes may use the lane during the time specified on the sign and the driver is operating a vehicle of that specified class or one of those specified classes.

So here is the question...are they emergency stopping lanes or bus lanes?

Is it reasonable that any normal person can tell the difference?

**Ixion** · 17th August 2006, 09:11

Transit claim (vehemently) that they are emergency stopping lanes. They deny that they are (legally speaking) bus lanes.

(Incidentally, if they are emergency stopping lanes, how come the police get away with parking up in them for speed camera revenue gathering? Hardly an emergency, is it? )

**eliot-ness** · 17th August 2006, 09:38

Just a little point here that everyone seems to have missed. If you pull over onto the emergency/bus lane and stop you are in the right. However, if you pull over and continue to overtake traffic, as you did the cop car, that can be considered as driving in an emergency lane/bus lane. Your mistake was to be moving faster than the traffic. Splitting hairs maybe but it puts the cop in the right and you in the wrong. Still not worth a ticket though. A warning should have been enough.

**sAsLEX** · 17th August 2006, 10:00

Originally Posted by Dynamytus50

They are allowed to use them around town and in the suburbs as the local council's who are the authority dont have a problem with it.

Transit who are the authority on the motorways decided that bikes should not be allowed in bus lanes. No bikes are allowed on bus lanes on motorways or motorway onramps.

WRONG!!!!!!!!!!!!!!!!!!!! The responsibility over the Bus lane/bike/HOV thingy used to lie with the councils but they introduced new legislation last year to make the rules the same the whole country over, which include the motorcycles must be "specifically" mentioned as not allowed bit.

They aint bus lanes on the motorway else we would be allowed to use them! Their argument is that they have an aggrement with the bus companies to allow them to use the emergency stopping lane during peak times, and have uncorrectly labeled them as bus lanes, silly fools, you see the bus lane at the bottom of the Harbour bridge heading city bound in the mornings is not on an emergency stopping lane , is labled as a bus lane , and does not specifically exclude me therefor I am legally allowed to use that bus lane on that motorway.

And if they aint Buslanes on the motorway why oh why do they carry the exact same sinage as other buslanes throughout the rest of the cuntry?? If one was to only peruse the laws of the land before driving here you would be quite correct in assuming that you could legally drive in them.

**Patrick** · 17th August 2006, 10:38

Originally Posted by eliot-ness

Just a little point here that everyone seems to have missed. If you pull over onto the emergency/bus lane and stop you are in the right. However, if you pull over and continue to overtake traffic, as you did the cop car, that can be considered as driving in an emergency lane/bus lane. Your mistake was to be moving faster than the traffic. Splitting hairs maybe but it puts the cop in the right and you in the wrong. Still not worth a ticket though. A warning should have been enough.

Got it in one. Why not "stop" and rectify the situation, like, ummm, wipe the visor clear? To drive on with a fogged up visor could be seen as careless use, meaning court time and disqualification at the courts discretion, not an instant fine.

**Ixion** · 17th August 2006, 10:51

Originally Posted by sAsLEX

..The responsibility over the Bus lane/bike/HOV thingy used to lie with the councils but they introduced new legislation last year to make the rules the same the whole country over, which include the motorcycles must be "specifically" mentioned as not allowed bit.

They aint bus lanes on the motorway else we would be allowed to use them! Their argument is that they have an aggrement with the bus companies to allow them to use the emergency stopping lane during peak times, and have uncorrectly labeled them as bus lanes, silly fools, you see the bus lane at the bottom of the Harbour bridge heading city bound in the mornings is not on an emergency stopping lane , is labled as a bus lane , and does not specifically exclude me therefor I am legally allowed to use that bus lane on that motorway.

And if they aint Buslanes on the motorway why oh why do they carry the exact same sinage as other buslanes throughout the rest of the cuntry?? If one was to only peruse the laws of the land before driving here you would be quite correct in assuming that you could legally drive in them.

Pretty much so. The law actually refers to "Special purpose lanes". Of which, bus lanes are one. And says that we can use them. But Transit, when that law came out, spat the dummy and threw their toys out of the cot with a vengence. Their argument is that there are no bus lanes on the motorways. What the buses do is drive on the emergency stopping shoulder (only motorways have these , I think), according to a special agreement with Transit.

However , as someone noted, the bus lane on the Harbour Bridge approach is scarely an emergency stopping shoulder. I think that where there is a bus lane AND an emergency stopping shoulder, one could readily defend a charge of riding in that bus lane. But , no,.I don't want to be the guinea pig.

**sAsLEX** · 17th August 2006, 11:03

Originally Posted by Ixion

one could readily defend a charge of riding in that bus lane. But , no,.I don't want to be the guinea pig.

But it is a pain in the arse doing so!

What Dymantus said has clarified for me the fact that cops dont know the laws they enforce, back when the Bus lanes were controlloed by the council a cop did me for using a Bus Lane in Auckland City which was at the time allowed, I said to her look you are allowed to use bus lanes, but that big tourist bus you just let through aint, she took me as a smart arse and gave me the ticket as I knew more than her and she couldnt be arsed looking up the relevant law before going out and doing a sting operation on people using bus lanes. I got off after writing a ticket, but surely cops should know the laws about which they charge people!?

**Ixion** · 17th August 2006, 11:06

Originally Posted by sAsLEX

But it is a pain in the arse doing so!

.. I said to her look you are allowed to use bus lanes, but that big tourist bus you just let through aint, ..

Yep, little known niceity that. Bus lanes can only be used by buses on SCHEDULED services. So tourist coaches, minibuses etc can't legally use them.