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[Vic] Legality of Undertaking in Clearway Carpark Lane

Discussion in 'Politics, Laws, Government & Insurance' started by rs101, Nov 25, 2007.

  1. Hey guys, question that I haven't been able to find an answer for (inc. a few quick searches.)

    In the event of a multi lane road with a clearway carpark (I.E. Side-of-the-road marked or unmarked carparking within a designated and marked left lane), Is it legal to ride within the boundaries of the the metre-odd area between the parked cars and the lane marking.

    This assumes that the "sub lane" is not a marked bike lane.

    I'm not talking about if it is a good idea to do so or not; that is a matter for the individual biker.

    Cheers :beer:

    Also, reading the threads about WA bikers getting fined for parking in bays or on the footpath (during my search), has anyone ever gotten a fine from parking with a bike cover completely obstructing a number plate etc? (And hence covering all identifying registration)

    If you have a padlocked bike cover, what can a parking inspector do?

    (I'm already starting the tangent) :wink:
  2. Short answer: NO

    If it's not a designated lane (ie, it's for parking only) then you cannot travel into that area other than to park. Unless (I think it's 30m) prior to an intersection if turning left.

    I would assume the reason is because idiot car drivers can and will swerve into that area without notice to grab a park or whatever.
  3. If you have two lanes with cars parked in left one. There is no legal problem in being wholey within the left lane to the right if the cars. If you feel the need you can indicate as well.
    The issue is cars entering or exiting that lane in front of you! Watch out.
  4. Isn't he saying that the area he wants to travel in is 'parking only'? As in a row of parallel car spaces ?

    Maybe I mis-read the question because in the case it's just a normal lane, in which cars happen to be parked, I totally agree. There's no problem.
  5. 2 lane road , clear ways in the morning and cars are allowed to park there of a day , but cars only take up 3/4 of the road ( lane) so he is asking why cant he ride in that ( safely of course) .
  6. Groberts got it, logically it would seem to be okay, as it is a separate designated lane, and in the inner schitty, it seems the better option.

    Been doing it daily the last two years with only one stoppie. As long as you're in the mindset of "they can't see you", I find I'm fine. But the question was more the legality of it, rather then the "Is it a good idea to do it"
  7. And cheers for the other answer pro-pilot. Now how bout some westralians for the second part :p
  8. I am prety sure PP has it right.
    If you go through all of the splitting threads (Of which there are many)
    you are allowed to "Filter" past stationary traffic in the same lane as long as you are in a lane with the traffic to your left.

    As such the parked cars are stationary traffic and they are to your left.

    So by this understanding it should be considered filtering, which woulld make it legal in Vic.
    Note This is my interpretation and not a legal opinion.
  9. However, imho, it doesn't seem to be filtering. it seems to be travelling in a separate lane on a multi lane road. Would a clearway cause the rider to be considered "filtering", or riding in a separate lane?
  10. I will let you know the outcome when my insurance company tells me.

    I was doing this while riding down Victoria St Richmond when a car in the right lane turned left in front of me and I collected his passenger door.

    My insurance company is denying liability but the other party is now threatening me with legal action.
  11. I would be arguing that it is a marked lane, and you were travelling within it. Whether or not it is wide enough for a car is immaterial, surely. You can pass on the left in congested conditions, so long as you remain within your lane, so I can't see what the driver could claim against you (?).
    Don't let your insurance company accept partial blame on your behalf if you can help it.
  12. Perfectly legal nuff said.
  13. here's another point of view. If the clearway is in effect, it is a lane. If the clearway is not in effect, the section of the road becomes parking spaces.

    Interesting isnt it?
  14. Assuming that the parking bays are maked. Otherwise,they're just cars parked on the side of the road like anywhere else. :)
  15. Correct.

    You should assume that...........

    Actually, lets look at it from another angle. Put yourself in the drivers seat. You are traveling along, parked cars to your left, traffic in front of you, oh look, I need to change lanes to affect a left hand turn, the parked cars are not about to move you change lanes and whooshka, you collect a bike that "shouldn't be there".

    You need to read the traffic, think like a driver and anticipate their moves.
    Trust me, once you leave half a knee on Bridge road, you learn quickly ;)
  16. Just an updated, i spoke to my Insurance company yesterday afternoon and they advised what i was doing is perfectly legal and that they will not be paying for the damages to the other guys car.
  17. What you have descbribed explains why it woulld be considered in-advisable and posibly dangerous. but not why it would/could be illegal.
  18. I have a question, if you are driving along a wide street, each side is one lane but wide enough for 2 lines of cars to form

    Do you not have to treat that road as a multi-lane road, where you have to indicate to switch between lines?

    Wouldn't this mean that if a Motorbike passes a car in a wide lane, that it is now making 2 lines of traffic, so multi-lanes happen and therefore lane splitting is not illegal?
  19. If there are two lines of traffic in the one lane (wide road without markings) then you must treat it as a two lane road. Same rules apply so lanesplitting (again) is illegal.


  20. Actually, this would be a fun one to run before a magistrate.

    Me: "And how constable can you say he was passing to the left where there were no line markings? Could he not have been passing to the right of the other car?, or Vice Versa?

    Const Plod: "Umm.... In my opinion... Um...."

    Me: "So you cannot prove what you are saying was the offence?"

    Once again folks lets get accurate. There is NO offence of "lane splitting". You actually (may) break other road laws doing so.

    Any const plod who tries to do me this way would have a fight on his hands.