Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

NSW Warned for passing on the left or "filtering"

Discussion in 'Politics, Laws, Government & Insurance' started by bennny, Jan 16, 2013.

  1. Hi guys and girls,

    I thought I would put this up to add a perspective to the whole filtering grey area.

    I was at the intersection of Arthur st and Centenary drive in Strathfield heading toward the M4 this morning when I did the usual dart down the left turn lane and pass the last car in lane to pop in front of the intersection with the front wheel on the line and positioned in the left corner of the lane. After the manoeuvre a police bike crossed the intersection from the right and noticed my position at the lights, I noticed him head up the road and do a u turn back to the intersection and waited for me to cross before following me with the Christmas lights.

    First let me say that he was actually a reasonable cop and let me off and warned me of the possible fines associated with doing so. But the part that gets me, is that I played dumb and asked him for the correct ruling as I had read on the internet that it was ok to pass on the left of a stationary vehicle provided that you do not cross the stop line. He immediately told me that I was wrong and that this was not the case. However when I did my research I found that the rule book does in fact state this as legal, as below.

    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 and it is safe to overtake to the left of the vehicle, or
    (c) the vehicle is stationary and it is safe to overtake to the left of the vehicle.

    I am assuming that one other reason for the warning was that he did not see me commit the "offence" and assumed that I did. For all he knew I could have had to make an emergency stop and pulled to the left to avoid the car behind from hitting.

    I am not complaining about being pulled over as he could have issued me with fines and made my day allot worse, but what I find rough is the inconsistency with the rules when asked point blank about them.

    Not to mention that I gave him a nod as he passed by whilst looking at me, next time no nod!!

    So what hope do we have of defending ourselves againsed this in the future?
  2. From what you've said, the cop was wrong. However, the kicker is that if the cop deemed that it wasn't safe to overtake on the left, your screwed.
  3. You can do nothing to defend yourself in this situation until or unless they make filtering legal and clarify the rules.
    You went into a left turn lane. Did you indicate? Was it a left turn only lane? Did you cross a solid lane marker?
    You'll get pinged for something for now if they want to get you.
    • Like Like x 1
  4. I missed the
    That would be illegal, and would probably still be illegal even if they legalised filtering.
  5. With any luck, some of these anomalies in various state legislation will be resolved in motorcyclists' favour soon. However if the popo want, they will still find something to ping you with and that's not likely to change.
    The cop may well have been wrong but settle for a good result whenever you get one.
    • Like Like x 2
  6. Passing on the left (what everyone wants to call filtering) refers to you being in the same lane as the other vehicle. You just used another lane (perfectly legal) then cut in at the end by crossing solid lane separators (illegal).

    Your post has nothing to do with filtering at all.

    This post is really about you finding a nice cop that didn't hand you your arise on a plate.
    • Like Like x 1
  7. Yes, buddy, you were a lucky bunny and got a cop who wasn't trying to boost his figures or big-note himself. I honestly don't think that filtering or splitting or whatever else we want to call it will EVER be legalised, or at least never to level that we would like it.
  8. Exactly how is using the left turn lane to go straight ahead perfectly legal, or have I missed that change in law?
  9. #9 bennny, Jan 16, 2013
    Last edited: Jan 16, 2013
    Totally agree, im not disputing the list of possible offences i could have commited before i passed the last car to the left in the same lane, it was more the fact that i was stationary at the lights in a slightly suspitious position and the cop came from the other direction with not knowing how i got there, and then when i asked to clarify the rules concerning a specific scenario he fed me an contradicting answer.
  10. Its worth taking into account that the filtering/splitting trial in cbd starts in February. In light if that police outside of cbd may be on the lookout for it.

    You said he didn't see you. Say nothing, alternatively deny everything.
  11. With the Eco-vandals destroying CBD streets in the next few years, you're going to HAVE to filter to get ANYWHERE....
  12. True. Also, as riding becomes a far more popular mode of commute, acceptance of filtering will grow in parallel.
  13. Providing those who take up riding to commute leave their carcentric attitudes behind.
    • Like Like x 1
  14. yeah not really exactly legal but you can do it
    Ok by us. (y)
  15. That's a stupid post. The police officer gave a warning. That's a good outcome.

    Rule 141C has only been in play for a few years. Up until then, the act of passing WITHIN the lane on the left was totally illegal. Sometimes, the learned defaults may still be in the police officer's head.
  16. If he went down the left turn lane, rather than filter down the left of the straight thru lane THEN went across the solid line btw the turn lane and the straight thru lane, THAT would be illegal. This is what the OP suggests is what happened, and, if so, he could get pinged for crossing a solid line.

    Filtering down the left of the straight thru lane, assuming the traffic was stationary and he stayed within the lane would have been legal. This isn't what the OP says happened tho.

    So the OP was fortunate to get a warning.
  17. There is an anomaly in all this. "Overtake" is as defined in the dictionary and usual definitions are that a vehicle moves to another lane to overtake.
    There is, however, reference in the regs about Bikes being allowed to ride more than 2 abreast in a lane (I assume without checking) when "overtaking".
    So, splitting and filtering might be legal in ways as long as it only involves bikes and possibly keeping in one lane or using another with only bikes in it and proper indication etc.
  18. Why were you filtering down the outside and not the middle?
    • Like Like x 1
  19. A middle aged woman sounded her horn and rolled forward to try to hit me after I filtered to the front (between two lanes, not like the OP). Am I correct in assuming that there was an imminent threat to my person and it would be legally defensible to drag her out of her car and teach her a few lessons about 141 C? The threat wouldn't go away as long as she continued to ignorantly share the road with vulnerable road users....
  20. Do police stop car drivers because they have a phone in their car and they might drive while using it?

    He had no cause for the stop.