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NSW Busted lane splitting

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by 12RS, Oct 10, 2012.

  1. Well after about 7 years on the road I finally got busted.
    I mentioned that I was under the impression that it was ok as long as you indicated (and I semi thought this might be true).

    He corrected me and said that it was considered 'overtaking on the left'. He wrote down the provision of the Road Rules but I'll find it later if anyone's interested.

    I also mentioned that I was under the impression that two vehicles could occupy one lane as cyclists do and bikers do when riding in convoy.



    He said that's ok, but there is another regulation that there must be at least 1.5m between each vehicle.

    At this stage the ticket book hadn't been taken out, so I didn't press the point that there are very few roads that allow cars to maintain a 1.5m distance between each other.

    In the end we got to chatting about the Yamahas they now use and the desperate need for police prosecutors (of which I'm highly interested in of course), I asked him if I would receive an infringement notice, and he said he'll take my details 'and think about it'.

    Pays to be mellow when dealing the the boys in blue I find usually.
     
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  2. Was traffic moving?
     
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  3. Sorry to hear you got done.

    With regards to bicycles and motorcycles, it's a specific exemption for bicycles and motorcycles and they have to have no more than 1.5m between them. Essentially, so that the two bicycles or two motorcycles take up the same road width as a car but no more. For example, on a reaaaaaaaally wiiiiiiiiide one-lane road where there'd be room to spread out, two bikes have to snuggle up together and be <1.5m apart.

    The rule isn't for cars and bikes to go side-by-side though.
     
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  4. This is true. I am constantly amazed at how poor some police officers' knowledge of road rules is. I mean, it is their job, and the stakes of them being wrong are high.
     
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  5. Well I haven't been done yet - him 'taking my details and thinking about it' meant no to me. I'm pretty sure I'm in the clear. But your clarification is interesting though - thanks.

    No it was stationary - I was busted fair and square - although he did mention that if I was weaving in and out of traffic on a highway for example he would have busted me for reckless riding.
     
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  6. I would challenge it.
     
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  7. But he didn't get a ticket....yet?
     
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  8. When he said he'd 'think about it' what he really meant was 'I will go and read up on the road rules to see if I can do you'. He will soon realise that what you did was perfectly legal and that it would be stupid to try and prosecute.

    That's what I reckon anyway.
     
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  9. 141 No overtaking etc to the left of a vehicle

    (1) A driver (except the rider of a bicycle) must not overtake a vehicle to the left of the vehicle unless:

    (a) the driver is driving on a multi-lane road and the vehicle can be safely overtaken in a marked lane to the left of the vehicle, or

    (b) the vehicle is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal and it is safe to overtake to the left of the vehicle, or

    (c) the vehicle is stationary and it is safe to overtake to the left of the vehicle.
     
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  10. There you go......no charge!\\:D/
     
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  11. Not necessarily so. What's missing from that quote is "if it's safe to do so".

    So if the cops wants to give you a ticket he will.

    Let's hope if the OP gets a ticket, it's the 1.5m clause. Easy to get dismissed.
     
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  12. Edit - wrong thread
     
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  13. The cops I've spoken have all been completely unaware that it's legal to pass stationary traffic on the left.

    Anyone who filters should do themselves a favor and familiarize themselves with what the legislation says about overtaking. You sure as hell can't trust that the guy trying to book you will know the laws.
     
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  14. And again this topic comes up.

    Under rule 141c it is legal to pass a stationary vehicle on left if it is safe to do so.

    Unfortunately, as others have already said here and in other threads, there are other rules they can use to book you. Not indicating, not staying wholly in lane to name a few.

    And as others have said, there are an awful lot of police officers out there who are not aware of 141c, even a few HWY Patrol officers I've met weren't aware of it until I mentioned it to them.

    I'm sure Justus will be along shortly to educate us further.....
     
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  15. If nothing else, keep a PDF of your state's road code on your smartphone. And a voice recording app.
     
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  16. I could have ripped out good old Austlii that I have on the HTC and spent an hour debating with the cop, but was nice to the bloke, talked about the law, crapped on about joining the ODPP or Police Prosecutors and bikes in general and he let me off.

    I'll check out the regs you've mentioned for sure, but I've dodged the ticket, so happy days. I was late for an appointment too and was just generally pretty chilled at the time so wasn't up for a debate.

    I'm not expecting a ticket anytime soon.
     
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  17. Best way to handle it. Then we dont look like difficult pricks in the eyes of the law as well.
     
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  18. At least your copper went home to think about it, when i got done for filtering the cop just gave me a bunch of random tickets for other offences i did not commit when he couldnt work out what i had done. At least you wont need to go to the effort to go to court. I doubt he will issue an infringement notice.

    I guess your guy was a bike cop, im sure he understands to an extent whats going on.
     
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  19. '

    Strangely I've found bike cops have a bigger attitude than standard hwy patrol cops. It's something that's always baffled me.
     
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  20. Hated by the "normal" police and hated by the car driving HWP equals bigger attitude?
     
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