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QLD Riding on the shoulder - Nudgee area

Discussion in 'Politics, Laws, Government & Insurance' started by NathanAU, Aug 26, 2015.

  1. Just saw this posted. I thought it might good to give people here the heads up if no one else has seen it yet.

  2. QLD TORUM (state road rules) state that if the speed limit is less than 80kmph then you CANNOT travel to the left of the left lane, i.e. emergency lane or bike lane. If the stated speed is more than 80kmph you can travel down the emergency lane at 30kmph or less. Roadwork speed zones are enforceable and this is where this rule will apply.


  3. Yeah, I think it's because that road is always 90km/h that it seemed like a rip to get done for it. They were probably used to splitting down the side during 90km/h times that it was a surprise to be caught after not noticing the change.

    In my opinion that road would be safer down the side, rather than the middle. People are swapping lanes there all the time trying to get in the "faster" lane.
  4. I've never seen it go down to 60?? I agree, it is 80 where the road works are and I have heard of others getting done for it. And not wanting to be a smart ass TiziriTiziri (but it comes naturally), the rule is that if it is less than 81km/hr, you can't use the verge. Ie, in an 80 zone, must filter between cars. And I don't think you are allowed to use bike lanes unless turning into a side street or parking (as per any other vehicle)
  5. Were they being pinged by a bike cop?
  6. 90kmh is the key speed for being allowed to ride on the shoulder, see here: Motorcycle road rules | Transport and motoring | Queensland Government I believe 90kmh is used as its indicative of major roads outside the residential/suburban setting where pedestrians and other vulnerable road users lurk.

    Electronic overhead signage drops the limit to 60kmh during evening peak hour on week days and usually applies northbound just before Nudgee.

    Having ridden the shoulders (when legal to do so) I'm inclined to continue filtering as the emergency shoulders are generally full of detritus but also tend to end abruptly at junctions, a place where the cagers are jostling into either blocking or merging positions - its very easy to not see a bike when you are angry about another vehicle wanting to make progress.

    I think the cops have become aware of the noobs and yellow-vested who treat the emergency lane as motorbikes only and continue their journey at 60+kmh during heavy traffic.
  7. I know where you mean now, with the electronic signs. Heading south, they only change them if there is an accident somewhere. But Nudgee is basically a constant accident after 4pm.

    Has anyone ever seen an 85 zone?? Haha :p
  8. Just revenue making. Targeting an easy spot. Not a dangerous spot. It's the same as police that sit near a stop sign and book people on technicalities.

    It's not a good look.
  9. Our Qride instructor told us he failed a cop for not stopping behind the line!!! Imagine having to explain that one!!
  10. This is why I always filter up inbetween the cars on a highway or anywhere for that matter.
  11. Wow, there is a chance I will be going that way tonight and I definitely would have been using that shoulder. Cheers!
    • Like Like x 1
  12. No idea. Just saw the status posted up.

    All good, just keep an eye out for any sudden speed limit changes (y)
  13. #13 Shifty, Aug 30, 2015
    Last edited: Aug 30, 2015
    You can't challenge a fine because you don't believe in it / agree with it BUT you can challenge a fine if the application of the law is spurious or outside the intent of the legislation.

    As mentioned, the reason that "edge filtering" (as it is called officially) is allowed in 90km/h+ zones only is that it is an indicator of a major road rather than a minor road with side hazards such as driveways, footpaths, pedestrians, parked cars, side streets, etc.

    I would certainly consider taking this further. The first step would be to conduct a written request for clarification of the reason for the offence - you have in writing that you have been fined for filtering incorrectly but not specifically what was being done incorrectly. Make this request apologetically but without admitting guilt.

    Once you have clarification, if you believe you are stuffed you may consider writing a further letter thanking them for their response, acknowledging your guilt with the new information in mind, and requesting leniency as these are new laws, that you were either unaware of this particular restriction or that as it was a major road you had not considered that the temporary limit reduction invalidated lane filtering as you believed this was the whole intent of the law! Point out that you were not exceeding the posted speed limit, were not exceeding the filtering speed limit, and were otherwise filtering correctly and safely.

    It is ironic that this type of road is the entire reason edge filtering is legal... yet they drop the speed limit because there is heavy traffic which makes the filtering illegal.

    Alternatively if you believe you have a case then you may consider an appeal in court. In my opinion this is somewhat outside the spirit of the law (being to allow traffic flow for smaller vehicles whilst identifying major/minor roads for safety) and this would be the basis for your appeal. As much as I hate the legal system, there is the odd day when a magistrate is bored of putting the boot into the general public and feels like putting the boot into a police prosecutor for wasting their time by issuing a rubbish fine & allowing it to proceed to a hearing. I'd speak to a specialist traffic lawyer before going anywhere near the courtroom though - it normally is not a place that fairness or justice is available. It is a complicated appeal most certainly.
  14. It is ironic that this type of road is the entire reason edge filtering is legal... yet they drop the speed limit because there is heavy traffic which makes the filtering illegal.

    And dropping the limit from 90 to 60 does what? You can't do 90 and you can't do 60. Your on the clutch in 1st.