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[VIC] Passing to the right of a vehicle within the same lane

Discussion in 'Politics, Laws, Government & Insurance' started by nibor, Feb 9, 2009.

  1. i dont need a discussion on filtering or splitting in here, so dont start it.
    all im after is any specific road laws (and links to it within the vicroads domain) relating to passing another vehicle on the right hand side within a single lane. this includes passing a parked car on a multi lane road where the very left lane allows for 'nose-to-tail" parking, if the law differs between a parked vehicle, and one currently being driven, stationary or not.

    i cant find anything myself, i've had a bit of a look.


    EDIT: rules other than rule 144: keeping a safe distance when overtaking.
  2. 146. Driving within a single marked lane or line of traffic

    (2) A driver on a road with 2 or more lines of traffic travelling in the same direction
    as the driver, but without marked lanes, must drive so the driver’s vehicle is
    completely in a single line of traffic unless—
    (a) it is not practicable to drive completely in a single line of traffic; or
    (b) the driver is entering a part of the road of one kind from a part of the
    road of another kind (for example, moving to or from a service road, a
    shoulder of the road or an emergency stopping lane); or
    (c) the driver is entering or leaving the road; or
    (d) the driver is moving from one line of traffic to another line of traffic; or
    (e) the driver is avoiding an obstruction.

    It's perfectly legal to have two lines of traffic in one lane (no passing on the left though, unless the vehicle on the right is turning right).

    Does a motorcycle riding a safe distance to the right of a car in the same lane constitute a line of traffic, or riding outside a single line of traffic?

    If there would be room for two cars then no doubt it's legal, but if you're just squeezing a bike in?
    I'd like to think it's legal, of course.

    Now for the parked cars on multi lane roads...

    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

    So if you're completely within the lane that the cars are parked in, you have no legal problem with the cars to your right. But, like you, I can't find anything on sharing a lane with a parked car.

    Anyone else?
  3. regarding rule 146, i dont think a single motorbike as a second "line" of traffic would count, but thats a whole can of worms there.

    im more concerned regarding the occupying of a lane with parked cars, on a multi lane road.

    reasons being, it may be relevant to another current Politics thread, i've heard a mate recently got fined for doing so but cant remember the exact details, and also i do this myself, so i want to know the legalities of it.

    thanks for the help so far
  4. I've had a scan through the ARRs and can't see anything about it. I might have a closer look after work.

    Fundamentally I don't see an issue with it - The parked-car lane is often 1.5 cars in width on roads with both a "parking"/driving lane and a driving lane.

    If using that "parking" lane on your bicycle or motorcycle were explicitly illegal, then what of all the roads with only ONE lane in each direction, where it's wide enough for a parked-car column and a driving-car column to happily coexist?

    I did see a rule requiring that people parking their cars must do so so that nobody can get past on the left hand side of the vehicle. That is to say, no parking your car in the middle of Hunter St in Newcastle. ;)

    I think driving within the same marked lane as a parked vehicle is an 'assumed-legal maneuver'.

    If you know someone who got pinged for "it" I suspect it may have been under a subjective rule, such as overtaking too close or too dangerously?

    Anyhow... that's all speculation. I'll have a proper read through the ARRs later tonight if I get the chance.
  5. That's possibly where the definition of a 'line of traffic' becomes the important factor. Is a motorcycle in the vacant space of a 'parking lane' occupying a line of traffic, despite the majority of vehicles not being able to occupy that line? If they don't constitute a line of traffic, and thus are not wholly within a line or lane of traffic, do rule 146.2.a or 146.2.e (above) provide the legal means to ride there anyway?

    Bicycles are expressly permitted to pass vehicles on the left, so are in an entirely different legal situation.
  6. If that's the case, I would think RR 146(1) was more pertinent.

    The way I read this is that if you are in a marked lane you are ok. I would have to look at it further and make sure there are no amendments to the copy I have or other related rules.
  7. passing on the left simply means passing to the left within the same lane. a bicycle is allowed to do this. cars are allowed to "undertake", that is overtake on the left within another lane. this should not be possible if the speed is above 80km/h as you must keep to the very left lane unless turning off or overtaking at speeds above 80. this doesnt happen on the freeways though.

    the passing on the left in a different lane is legal by the fact there is no law saying it is illegal, and thus i can only assume it is fine for a motorbike to do the same using a lane which also contains parked cars, assuming they have enough room to do so, as i cant find anything regarding this either.

    so yeah, i think my mate must have been done by a subjective road rule ie. passing without maintaining a safe distance. its a shame in a sense this is purely up to the officer, but such is life.
  8. Mmmmmmmmmm, that's a possibility perhaps, though the lines-of-traffic thing is really only for roads without marked lanes, isn't it? The rule you quoted (146-2) specifies that it only applies if lanes haven't been marked.

    Yes, though in nibor's case the motorcycle would be adhering with 146-1 and operating wholly within the left hand lane, so it's not passing any vehicles on the left - marked lanes are treated independently.

    Interestingly, as of July 1 2008, everyone is allowed to overtake stationary vehicles to the left of that stationary vehicle if it is safe to do so. (Rule 141 (c))
  9. Does that allow using the footpath? :grin:
  10. :p :LOL:
  11. back in your box :p
  12. Not so in Victoria..... :?
  13. Re: [VIC] Passing to the right of a vehicle within the same

    Pity that the good folks above have been quoting the Australian Road Rules which do not have any legislative force in any state. Rather, they are a set of rules that the national transport body has put together in the hope that they'd be adopted across the nation.

    Unfortunately this is not the case. Each state has picked them to bits, changed them around and come up with their own set of superior and unique set of road rules which come under their own specific state's road safety/traffic act and subsequent regulations...

    You wanna go quoting road rules, then go to the state in question's road authority website. In this case, Vicroads, which you have done, but cannot find anything. ie. the passing at a safe distance rule applies. But that is a subjective thing, based on the mood or the temperament of the copper who is about to book you for lane splitting...
  14. *checks* Mm, yeah, oops.

    Move to NSW. ;)
  15. Re: [VIC] Passing to the right of a vehicle within the same

    You'll find I quoted the Victorian Road Rules, I didn't feel it was necessary to add Victorian to the beginning of the rule as this was a thread asking about Victorian legislation.
  16. Roh has quoted the Victorian Road Rules too. So I don't know what you're referring to?
  17. He was referring to the exception I quoted (141(c)).

    All the other quotations were Vic/National.
  18. Thanks for the clarification, he was pretty all encompassing with "the good folks", and I wanted to ensure that anyone reading didn't think the rules quoted were the invalid.

  19. Yes, to confirm Day's comments the rules I quoted were Victorian, as found on the Vicroads website.

    niborobin, it would be great if you could post the actual offence your mate was charged with when you get a chance to find out. Using the parking lane to filter (slowly and taking extra care with taxis!) is something I intend to do...
  20. Really? The rule is intended to cover passing cars on the left when they are cued up to turn right. I'd be suprised if the rule wasn't somewhere.

    Not that it's relavent tot he OP as he is asking about passing on the right.

    And the general principal is you are always allowed to pass on the right and that is the intent of the wording, so if it comes to an argument in court the magistrate will likely see it that way.