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VIC Fine for Lane Splitting/Filtering

Discussion in 'Politics, Laws, Government & Insurance' started by rendezvous, Apr 21, 2009.

  1. Hi All,

    This incident happened in February on the Eastern Freeway where it joins Alexandra Parade on my usual route to work. I am very careful about lane splitting and never exceed 40kph. As I continue through the traffic which was mostly stationary or at most 10kph, I pass an unmarked motorcycle cop who was waiting in traffic on the right lane. The cop decides to follow behind me but does not have his siren or lights on. As I turn left at the traffic lights, and he pulls me over and asks for my drivers license and proceeds to write a ticket. He tells me that I will get the fine in the mail in a few days time but he did not give me an on the spot fine.

    After 2 months of the "offence", today I received the Penalty Reminder Notice for lane splitting - the offence being "Overtake vehicle on left or at an unsafe distance". Funny thing is I never got the initial Penalty to begin with.

    Does anyone know how or if I can contest the fine?
  2. What is there to contest?

    You passed a vehicle on the left and/or too closely. It's black and white.

    The only thing you can do is to have the "agency costs" removed as you did not get the initial infringement notice.

    Having said that though, if the fcuken cops spent more time checking for fcukwits talking on their mobile, putting on their makeup, shaving, reading the newspaper etc etc the roads would be much safer.

    but NOOO!!!!!!!!!!! lets pick on the minority, the soft cocks, the ones that are easy to fine.

    I split daily because I can do so safely. Why should we be penalised for choosing to use a cheap and efficient mode of transport.

    Why aren't we lobbying for motorcycle lanes? or use of Emergency lanes like the 4 billion tonne bus that uses the emergency lane on the Eastern fwy.

    I have an issue with bicycle lanes because they are springing up everywhere and cyclist don't even pay rego ffs!!!

    We pay as much as a car and we can't get shit!!!!

    There, that feels better ;)
  3. this topic makes my blood boil..
    I found myself nodding to everything Vic wrote..

    has anyone tried this line of "defense"

    "note marked lane and overtake are defined in the dictionary"

    if we go to the dictionary section...

    first of all.. is my spelling really bad.. or is it them ?
    I could have sworn "travelling" was spelt with 1 "L"
    I hope I'm wrong !

    ok back on topic

    " and
    (b) moving into an adjacent marked lane or line of traffic"

    If we are in the left lane and pass the vehicle in the left lane on the right side of the car without crossing the line....
    have we technically even "overtaken" the vehicle in the eyes of the law ?
    or is that just traveling ?

    probably to minor of a detail... just putting it out there
  4. What is an "unsafe distance" ? That's open to interpretation and therefore probably could be contested. See below. I feel for you poor buggers in Vic with the splitting/filtering laws you have.

    I hope my policeman friend (ACT traffic) won't mind me posting what he told me when I asked him about filtering/splitting:

    "To your question, there is no specific law against what is commonly referred to as 'lane splitting', namely the moving through stationary traffic (two or more lanes of) on a motorcycle.

    'They' attempted to introduce the law in the latest round of Australian Road Rules updates but the MRA strongly opposed the idea and won.

    However, there are two laws that can be applied, namely;

    1. Overtake on the left - meaning that it you overtake a vehicle on the left of the same, that is you remain in the same lane as the vehicle you are passing AND to its left, you commit an offence.

    2. Overtake too closely can also be used for passing on the right but remaining within the same lane as the vehicle being overtaken.

    The first offence is a lay down mizare but I have yet to see anyone attempt a prosecution for the same. Remember that all Traffic guys are Police motorcyclists and therefore (in the main) somewhat sympathetic to the virtues of riding.

    The second is really hard to prove and only a twat would write a ticket unless there had been a collision, by which the offence becomes easily proved."
  5. I find that interesting rendezvous, I use the eastern daily by car and occasionally by bike and there is very frequently police bikes just blending into the peak traffic. On more than one occasion I have seen them lane split up between alexander pde traffic, Along with at least 8-10 bikes per morning pass me lane splitting.

    It would be interesting to know if there is a clear cut law on this, and also as DrewBytes says "unsafe distance" who determines that?? I think you can get the admin fees dropped as you didn't receive the initial fine but as far as the fine goes who knows if its legal or not as all bikes do it.
  6. I'm with Ajc, I travel everyday on the Monash from Warrigal to the CBD, and notice every bike will lane split when traffic starts to crawl.
    I've noticed sometimes a marked cop car sitting in the far right lane, and just followed two other bikes lane split in the far left just to avoid the cops :LOL:
    But then again you cop bikes lane to get to the front of the lights everytime...
  7. I remember asking the MRA in the past specifically about lanesplitting on the Eastern Freeway. Their answer was something along the lines of -It is a grey area but if it is done slowly and safely then it should be ok.

    If I do not lanesplit on my daily commute. iIt will probably take me an hour to get to work. No point riding in that case. Might as well take the public transport!
  8. Leaving aside the right and wrongs (yes we should be allowed to ,if safe etc.)...
    The police in Vic have made the state of play pretty clear - split at all on a freeway and they will ticket you. No buts. On any other road they tend to let common sense rule. Split dangerously, or blatantly in defiance of them and they may ping you. More often, if you are sensible they will let it go.
    It's not cut and dried, they don't all look at it the same, but those are the rules of engagement. Learn to live with it.
  9. what is the difference with filtering on the freeway and another road, when done as safely as possible?

    when i filter, i indicate as well. also where i can attempt to not cross the white line, avoiding the overtake on the left issue. i would like to think i could contest overtaking at an unsafe distance, on the basis that i did not cause a collision of any sort.

    but then again you could say russian roulette is safe on the basis i did not find the bullet on my shot :?
  10. I understand this thread was started regading filtering/splitting in Victoria but since ACT rules were brought up thought I'd put my input on NSW. On 1st July 2008 an amendment to the NSW road rules specifically on overtaking on the left, ie

    I'm wondering if anyone in NSW has contested an infringement of overtaking on the left since the highlighted amendment has been in place since July last year. Secondly on the point of overtaking too close, the NSW road rules stipulate

    How would (b) be above be proved/enforced, ie dependent on overtaking speed, if so what speed? Dependent if collision occurred, if not then it was safe right? Dependent on clearance measurement, if so what distance?

    Looks like some progress has been made, especially on the overtaking on the left but it's still a massive grey area!
  11. Vic, you're starting to sound like your avatar! :grin:
  12. The changes in the Road Rules to allow overtaking a stationary vehicle on the left are part of the changes in the Australian Road Rules and will be introduced in Victoria in the next couple of months.

    They should come up for public comment shortly. I must admit I'm surprised that you were booked for low speed filtering on the freeway.

    As for the use of the Bus/Taxi lane on the Eastern - I'm still working on this. When we last met with the Minister I raised it and the VicRoads people present couldn't come up with an argument against it. I'm working up a formal submission on this at the momnet.
  13. if they put in motorbike lanes (who ever suggested) just like bus lanes u get cagers travelling in them n clogging them up... making them useless and completely a waste of money. i like it how in doncaster jsut past shoppo they put in those bus lanes but took away a lane of traffic for it. more congestion for traffic jsut for a bus that comes every 15-20 mins? if they made public transport more effcient there would be less cagers out there
  14. Awesome!
    So if i understand correctly, filtering will be legal?
  15. Just as a point, none of the money that is paid for rego goes in to roads. It funds the TAC which spends it's money on accident insurance and those wonderful ads telling us we should "Wipe off 5".
  16. I don't think he's complaining about bike lanes pe se rather that rego-paying motorcyclists aren't getting any consideration. Personally I'd like to see motorcyclists being able to use these lanes but 'in a safe manner' etc. As it is, these bicycle lanes are being put up in places where motorcyclists were previously able to move past cars in the left hand lane that have parked cars in them (i.e. 1/2 of the lane can be used), case in point is St Kilda road, the nice half lane on the left is now cyclists only and technically motorcyclists have to sit in the fcuking traffic.
  17. Wow, when I say "cock" it turns into "!#$%$#!%@$T%$&^%"...

    So fuel cock, pea cock, and "you're a cock" are all out.

    But soft cocks, cockatoo and "you're all a bunch of cocks" is in. The basic rule here, people is that you may not make a call on the cockness of an individual (ooh unless you use the term 'cockness' apparently), just make generalisations that a certain section of the community are cocks.

    Good to know :!:

    Anyone who doesn't follow these simple rules has a high cockness rating!

  18. Well I do 140 in 100 zones splitting and this morning they had road works so it was 80 and I passed an unmarked cop. He didn't even bother with the lights, I've been doing this every morning for the last 4 months and I haven't been caught yet. Traffic density is my friend.

    Your unlucky!!! :LOL:
  19. Bikes can use the transit lane on the eastern, but that's next to useless as everyone just uses it because the other 3 lanes are stopped solid city end after 8am. Having bikes able to use the bus/taxi lane would be a good idea certainly from a safety point of view. Will be interested to hear what comes out of that.

    Titus I understand what your saying but there really needs to be a clear cut rule on it, with so many more bikes and scooters on the road its becoming more common there does need to be some rule or law on lane splitting/filtering just like speeding so people Know where they stand and have a personal choice whether to break the law or not. (even if it is a stupid law)
  20. this is awesome in Sydney, but you need to be careful of buses and bus stops, also taxis are renowned as being mental at the best of times, let alone when a bike uses their 'god given lane'.