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[QLD]Done for lane-splitting

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by ~DadAgain~, May 18, 2010.

  1. Yep - after over 2 years of pretty much daily cruising the length of Waterworks road on my way to work, today I was waved aside by an officer.

    $80 and no points.... "Failure to drive within marked lane"

    Not really any point arguing about it and the officer who filled in the paperwork was quite pleasant and sympathetic about it all - I'm quite happy to pay $80 every couple of years for the priviledge of reducing congestion. I just hope they dont make a habit of lurking around. It all very well them blitzing T2 lane violators in their cages, but picking on little 'ol bikies seems a bit unnecessary!


    A quick check of the Qld road rules shows if I was *really* picky I could argue the point:



    "Section 146: Driving within a single marked lane or line of traffic: 1) A driver on a multi-lane road must drive so the drivers vehicle is completely in a marked lane unles the driver is- ..... d) AVOIDING AN OBSTRUCTION...."


    Does other traffic count as an obstruction? If so then I was clearly not doing anything wrong! :p
     
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  2. Re: Done for lane-splitting

    You got let off pretty lightly as that's even less than a parking fine we pay in Victoria and no points is a bonus.
     
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  3. Re: Done for lane-splitting

    lightly on this occassion - but I'm still simmering with anger about being in the cage @111kmh on the Pac Highway (100 limit - but I dont know why) on April 1.

    Had this been in Qld I'd have copped 1 point and a $133 - but no, I was in NSW (just) so its 6 points and $197.... spewwing!
     
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  4. I remember filtering up sandgate road once years ago on the yamaha jog. Between 2 cars was a motorbike cop, now way I could have stopped so I just nailed up through the traffic. The jog is a bit smaller than the big things they are on. Fully expected him to chase me up but he never did thankfully.

    When I saw him, its the same kind of feeling when you see a snake on the road and you are about to run over it on the bike. Thinking oh ****, this could be bad.

    Glad to know its only 80$ and 0 points thought!! Almost worth driving up past a cop car when you see it in heavy traffic!
     
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  5. Not according to the rules in Victoria. Check your fine print.
    Also, our rules have been changed to allow passing on the left, but only of stationary traffic, if 'safe to do so', after indicating and not crossing solid lines. But we get slammed 2 points if we get it wrong.

    Hell, we get slammed two points if we blink.
     
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  6. Nope -
    That is from the dictionary at the back of the QLD Transport Operations (Road Use Management - Road Rules) Regulations 2009 at Schedule 5: http://www.austlii.edu.au/au/legis/qld/consol_reg/toumrr2009629/sch5.html



     
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  7. I was fined the same way last year, just got the $80 one.
    Also pulled over by a friendly motorcycle cop last week for filtering. He didn't fine me then but he said they can give you a $180ish fine and 3 points (from memory) for some other law (forget exactly what he said it was) and if you're splitting through moving traffic it's about $250.
     
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  8. Re: Done for lane-splitting

    If you were licensed in queensland and reside in queensland you don't cop the 6 points.
     
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  9. I got done for the same thing not to long ago down lytton road. First thing the police dude said was " where you avoiding an accident or obstruction"

    I said I wasn’t and just copped the fine.

    Worked out they had a spotter up the hill ( cops where down a side street where you can not see them ) and the spotter was calling in when he saw something.

    There where other bikes lane filtering down the centre, and I asume they would of received a worse fine.
     
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  10. Re: Done for lane-splitting

    I heard that this USED to be the case - but now points can travel seemlessly from state-to-state. Of course here in glorious QLD we have to pay $15 to find out how many demerit points we have!

    Perhaps when I'm in paying the $80 for splitting its worth paying the extra to find out what the demerit situation is.

    The website seems fairly unambiguous though so I'm not too confident:

    "If you commit a demerit points offence anywhere in Australia, the demerit points allocated for the offence may be recorded on your traffic history"
     
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  11. you sure about that? I was told only 2 weeks back points don't flow from state to state, but if you get too many demerits interstate you can be banned from driving in that state...

    Slightly on topic: i saw a cop filter past a harley at 90km/h today on the ipshit motorway, got 10 feet past and pulled over to turn around...
     
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  13. mmmmm ok... guess i better behave when i'm on the bad side of the border then.....
    was your license suspended when you got back to NSW??

    and no, they're not deluded enough to think we're made of money, but that doesn't stop them bleeding us of all we have.....
     
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  14. How it worked last time I bothered to pay attention is the interstate authority would send the infringement with fine + demerit points to your State's authority (so for example, RTA to QLD Transport), and they would then apply the fine + demerit points as if the offence had been conducted in your State (so your State's penalties would apply). Of course this is all manually keyed and involves incredible amounts of paper work, so for minor stuff if you got pulled over you would normally get off with a warning (indeed, my NSW licence still has that effect for me). What would often happen is the bored, low paid operator at your State's traffic authority would just key the fine + demerits as per the form they got from the other State (so applying the other State's penalty system), then when you got the infringement notice you would appeal, complaining that the penalty imposed does not match the alledged infringement. Sometimes you might get lucky and have the who notice remitted (ie. it's put in the not-worth-the-effort basket), other times it would be changed to what ever it should be. It could get even more interesting if you went to Court, especially if you got pinged a long away from home (potential too-hard basket).

    The reason for all this trouble? Demerits are a condition attached to your licence, and can only be imposed by your issuing licencing authority. Another State's authority doesn't have the power to do anything to a licence from your State (such as cancel it, or alter the demerit points). As the State's don't like to hand their power over to other governments, it has ended up being a beaurocratic dogs breakfast as they have tried to set up a system that allowed them to cross-recognise licence regimes (and with that, penalty regimes) that don't come under the normal umbrella of criminal law. As an interesting side effect the fine goes (or did go) into the consolidated revenue of the State who's authority issued the infringement notice - even less reason for the NSW RTA to care about QLD drivers.


    As for splitting in QLD, I have never had an issue with it - I have split past multiple police vehicles without trouble. Even once followed a police bike at some lights on Logan Rd, and then when were both at the front of the line he complimented me on my choice of bike, and started chatting about how hard it is for them to squeeze through tight traffic on those BMWs! Another time I came up on a bike cop busting people using the emergency breakdown lane just before the Gateway/Pacific motorway merge... while I was travelling in that very emergency lane (whoops!). I started to slow down, thinking I was busted, but he stopped writing the ticket for the ute driver he had caught, looked at me, nodded at me, then waived me on - as I passed he said "stay safe mate". The look on the ute drivers face was priceless ;)

    Maybe the cops are on a bit of a clamp down? Or perhaps a luck of the draw thing. Mind you, they must get a bit of business out of that T2 on Waterworks Rd, they regularly clean up in the T2 on the expressway too.
     
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  15. I'm sending this from my phone on the train but I understand that in Queensland you can filter provided the cars are stationary and it is safe to do so. I'll post up the relevant regulation tomorrow and provided you didn't do do anything dumb like admiting guilt I'd be ticking the mags court appearance box.
     
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  16. Not sure its worth half a day off work for $80! But I'd like to see the regulation if it exists (and print it and keep it in my jacket pocket for any future brushes with any over-officious officers).

    On the subject of interstate points - I'll find out when I go in to Qld transport some time in the next couple of days and I'll report back!
     
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  17. It's not actually filtering as such, it's overtaking to the left of a stationary vehicle...
    The same rule applies to a number of other States such as NSW, South Oz & Victoria.

    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; or
    (c) the vehicle is stationary and can be safely overtaken to the left of the vehicle.

    Maximum penalty — 20 penalty units
     
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  18. problem is, define 'can be safely overtaken to the left'
     
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  19. I would argue that if you passed the stationary vechile without incident it was safe to do so :)
     
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  20. It's probably a subjective objective test i.e. What would a reasonable person in the driver's position conclude. As stated above, the fact that you did it without incident suggests it was safe. And let's not forget that you're the accused. The onus of proof rests with the crown and the standar is beyond reasonable doubt. So they have to prove beyond reasonable doubt that it was unsafe. Given you didn't crash I'd say that's sufficient doubt.

    In my view its worth the half day to protect your rights particularly when they are so constantly being usurpedby the legislature and the police. It is also worth it to bring to the magistrate's attention how disturbing it is that those enforcing our laws are in fact unaware of what the law is.

    I do understand though-it's a pain in the @ss. I guess its where you choose to draw the line in the sand.
     
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