Filtering - just got a fine

[JayJay]

Coming down the freeway this morning to the main set of lights near the tollgate and there is a cop car sitting there in the lineup of cars.

I stopped before slowly filtering to front of traffic and even made sure I returned to back to the left lane...the one i started in thus was passing to the right side of traffic. Which I believed to be correct to the law.

FAILURE TO DRIVE WITHIN MARKED LANE $172.00

WTF. Its not like it was a solid white line so dodgy

I am so not impressed with the fat ****er that gave me the fine. He was speeding all the way down the freeway and I know this as he passed me whilst I was "creeping".

 

[OZXJR]

That sucks !

I have had a warning before but never fined.Thanks for the heads up and sorry you got done.


EDIT:any demerit points on top of the fine ?

 

[OZXJR]

I just did a quick search and found this on another forum from a guy in Adelaide.

This morning on the way to work I was pulled over by a motorcycle cop for riding on the extreme left of banked up traffic. Turns out that part of the road is a median strip. I didn't see the cop till the last minute and then the bugger came after me. So he pulled me over looked at my licence and asked why I was riding there. I muttered something about the freedom of riding a bike or something but was really thinking about having to catch a train to work from now on.

Anyway the cop was pretty cool and didn't take my licence or fine me. I took the opportunity to ask him about the splitting/filtering rules. He said that it is legal (at least here in SA) to split stationery traffic on either the left or right, as long as there is enough room to do it in the same lane. You are not allowed to ride down the lane markers or switch between lanes (i guess if you indicate every time you change it might be ok). But he did emphasise that the traffic must be stationery.

 

[JayJay]

If thats the case Ill fight it.

 

[ozzieboy]

I generally don't do it as the law is too ambiguous and open to interpretation so if you catch a cop on a bad day you get a fine. I wait 'til the traffic gets moving and using my indicator and not leaving enough gap between vehicles for a cager to change lanes, 'zigzag'. More dangerous? Definitely! Unfortunately if you do it legally there is less chance of a ticket and loss of points. Another way that the cops are making people less safe.

As for the law on filtering itself. I reckon I could walk into every cop station in Adelaide and receive a different answer in each as to the law. Tempted to go and do it now...lol.

Sorry to hear of your run in with the law. Do you reckon they saved any lives?


Cheers
Mike

 

[OZXJR]

As for the law on filtering itself. I reckon I could walk into every cop station in Adelaide and receive a different answer in each as to the law.

I already did that Mike.I have asked 3 different officers and got a different answer each time !

 

[ozzieboy]

I already did that Mike.I have asked 3 different officers and got a different answer each time !

Obviously needs simplification if the people that enforce the law, don't know the law.:spank::spank::spank:.

I'll see what I can find on the Transport SA site.:thumbup:

 

[CZAR357]

From the Massachusetts motorcycle manual
LANE SHARING
It is recommended that motorcycle riders avoid sharing lanes with other vehicles. All
motor vehicles are permitted to use the full lane of travel to ensure safe operation.
Motorcycle riders are prohibited from riding alongside motor vehicles within a marked
travel lane. Position the cycle in the center of the travel lane to discourage motorists from
attempting to squeeze by the cycle. Motorists are more prone to this type of behavior
when traveling in heavy traffic, passing vehicles, turning, and entering or exiting highways.
Further, a responsible rider recognizes the potential for injury and avoids traveling
between rows of stopped motor vehicles.

Doesnt specifically say no. It definately discourages it but doesnt say it is illegal unless I am reading it wrong.

 

[OZXJR]

Position the cycle in the center of the travel lane

With all that oil there ,I don't think so !

 

[ozzieboy]

According to this you can even overtake on the left. So it doesn't matter which lane you are in as long as you overtake only while they are stationary.

If you change lanes you need your indicator on though. If you were in one lane the whole time of overtaking i fail to see the problem.

If the cop says there is not enough room to do it safely then you must ask why was the other vehicle not as near as practical to the left of the road or lane...lol.

And if it's a failure to stay in your lane, then how come a cop took advantage of me nearly being run off the road by a no head turn lane change to change lanes himself when i had to jam on the skids to avoid the other moron.




Australian Road Rules—25.1.2009
Part 11—Keeping left, overtaking and other driving rules
Division 2—Keeping to the left
14 This version is not published under the Legislation Revision and Publication Act 2002 [23.1.2009]
(b) it is necessary and reasonable, in all the circumstances, for the driver to drive
to the right of the dividing line to avoid the obstruction; and
(c) the driver can do so safely.
(3) For subrule (2), if the dividing line is a single continuous dividing line to the left of a
broken dividing line, a single continuous dividing line only or 2 parallel continuous
dividing lines, the hazard in driving to the right of such a dividing line must be taken
into account in deciding whether it is reasonable to drive to the right of the dividing
line.
(4) A driver may drive on a dividing strip, or on or over a single continuous line, or 2
parallel continuous lines, along a side of or surrounding a painted island, to avoid an
obstruction if:
(a) the driver has a clear view of any approaching traffic; and
(b) it is necessary and reasonable to drive on the dividing strip or painted island
to avoid the obstruction; and
(c) the driver can do so safely.
Note—
Dividing strip and painted island are defined in the dictionary.
Division 3—Overtaking
140—No overtaking unless safe to do so
A driver must not overtake a vehicle unless:
(a) the driver has a clear view of any approaching traffic; and
(b) the driver can safely overtake the vehicle.
Offence provision.
Note 1—
Approaching, overtake and traffic are defined in the dictionary.
Note 2—
A driver is not permitted to overtake another vehicle by crossing a single continuous dividing line
only, a single continuous dividing line to the left of a broken dividing line or 2 parallel continuous
dividing lines—see rules 134 (2) and 132 (2).
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.
Offence provision.

 

[Stumbles06]

Man, that just sucks JayJay.

I'm inclined to agree with Mikey, just got a bad cop on the wrong day. I'm guessing the cops just wanna show everyone who's boss with the Rebel's Protest run this weekend.

Should have seen all the cops following the bikies through the city this arvo... bus loads of them.

Sorry you got done mate... bloody revenue raising :spank:

 

[aussiejules]

Not good, we all know our arguement that it is safer to be in front of everyone just falls on deaf ears with these guys, that rule mike has put up is one confusing bit of writing. I can only make out of it that yes you can overtake on the left.

 

[Wolfman]

Man, that just sucks JayJay.

I'm inclined to agree with Mikey, just got a bad cop on the wrong day. I'm guessing the cops just wanna show everyone who's boss with the Rebel's Protest run this weekend.

Should have seen all the cops following the bikies through the city this arvo... bus loads of them.

Sorry you got done mate... bloody revenue raising :spank:

I think your pretty close to the mark there...the coppers seem to be giving all types of Motorcyclist a hard time lately....it's almost like they wanna "badger" us into selling our bikes....cause it's all too hard!!!!

In 25 years of being around bikes, i have never heard of anyone getting done for this before.

I am a serial lane splitter, always have been...it's one of the advantages of being on a bike in traffic.

I follow these self implied rules & theory.

Try to only do it through stationary cars, always use extreme caution, if i ever see a cop, i pull back into line, just to be safe...even though it is technically legal, and i always use indicators where i can, or think it makes sense to do so.

Have even have traffic cops wave to me as i move past cars in the past...am guessing you got a cop on a real bad day.

That sucks!

 

[ozzieboy]

I might have to drag my car out to see if I can get some footage of cops doing it. I've noticed that they tend to ignore the rules even more than I do...lol

 

[OZXJR]

I am a serial lane splitter, always have been...it's one of the advantages of being on a bike in traffic.

I follow these self implied rules & theory.

Try to only do it through stationary cars, always use extreme caution, if i ever see a cop, i pull back into line, just to be safe...even though it is technically legal, and i always use indicators where i can, or think it makes sense to do so.

I,m the same ,I even pulled back into line next to a bike cop..........I don't know who was more surprised ! He just told me not to do it again and left it at that.

 

[buzzbomb]

I've only ever tried this nifty technique once in Mildura last week, and it went well, but I was very cautious moving inbetween the car's mirrors. When the lights turned green I moved back into the lane, so it all went pretty well. I always thought it was legal in Vic but not in SA...but I think it sounds like a very poorly defined roadlaw.

 

[04fizzer]

From the Massachusetts motorcycle manual
LANE SHARING
It is recommended that motorcycle riders avoid sharing lanes with other vehicles. All
motor vehicles are permitted to use the full lane of travel to ensure safe operation.
Motorcycle riders are prohibited from riding alongside motor vehicles within a marked
travel lane. Position the cycle in the center of the travel lane to discourage motorists from
attempting to squeeze by the cycle. Motorists are more prone to this type of behavior
when traveling in heavy traffic, passing vehicles, turning, and entering or exiting highways.
Further, a responsible rider recognizes the potential for injury and avoids traveling
between rows of stopped motor vehicles.

Doesnt specifically say no. It definately discourages it but doesnt say it is illegal unless I am reading it wrong.

They're also NOT in the US.

 

[JayJay]

I am about to lodge a letter to the Manager of Expiation Notice Office. Please read and feel free to give me some feedback.

--------------------------------------------
Expiations Notice Branch
GPO Box 2029
Adelaide SA 5001

To the Manager,

I believe that the offence I have been charged of committing is a trifling offence and wish for this to be reviewed.

(a) there were compelling humanitarian or safety reasons for the conduct that allegedly
constituted the offence; or
(c) the conduct allegedly constituting the offence was merely a technical, trivial or petty
instance of a breach of the relevant enactment.

The background to this:
I am a commuter and travel by motorcycle from Mount Barker to Adelaide and back almost everyday and have been for over a year now. The day in question was like any other as I made my way to work.

Upon entering the intersection of Glen Osmond Road, Portrush and Cross Roads I saw the police car in the right hand lane 5 cars back from the front. I came to a complete stop in the centre lane and was the 7th vehicle in the line. All vehicles in front of me in all 3 lanes were at a complete stop.

I then proceeded to “filter” through the lane to the right hand side and at no point did I cross the line as there was adequate space to do so. The officer being alone in the car, thus on the drivers side, could not possibly see if I kept to my lane or not as his view would have been blocked by the cars in front of him.

Upon leaving the intersection the Police Officer pulled me over and asked why I had slipped through the cars the way I did. My answer was that I believed if I had kept to my lane and if it was safe to do so I was not committing an offence. I also believe that being in front of the congested traffic makes for less congestion and keeps me in view of the other vehicles and thus safer.

He then informed me that what I did was illegal and there was no excuse for it. I told him that I was not aware of any such law that states it to be illegal. He mentioned it was “borderline” and then said something in relation to overtaking on the left but changed the topic when I said I kept to my lane.

I was then given this expiation notice where the offence stated “fail to drive within marked lane”. The officer would not hear my further objections.

1. The Police Officer that issued the Expiation Notice was not in a position to witness the offence if it took place.
2. The charge does not match the offence the Police Officer believed to be illegal because no law currently exists for this type of overtaking making it illegal.

In fact there is allocation for a motorcycle to overtake another motorcycle at speed within the same lane. There is also a law allowing the overtaking of vehicles to the left if the vehicles in front are stopped. There is no law stating overtaking the way I did is at all illegal so I guess it comes down to whether my Motorbike breached the lane or not and the officers inability to witness it.

I believe that the speed in which I made the overtaking was slow enough to be deemed safe as I literally rolled to the front of the queue and makes me safer in regards to visibility to the other traffic.

At no other time have I been warned or charged of this offence previously and have preformed the same overtaking manoeuvre where other Police officers were witness in the past. One even gave me the thumbs up at the front of the queue.

Everything I have written here is the truth and will happily swear to it if need be.

I believe that this Expiation Notice is trifling and quite petty and can only believe the officers actions to be an indirect result of the bikie protests being held and the increased tension it undoubtfully put on our Police Force.

 

[Nobby]

I might have to drag my car out to see if I can get some footage of cops doing it. I've noticed that they tend to ignore the rules even more than I do...lol

When you read the NSW laws,at the end of every offence it says "police excempt"

 

[OZXJR]

When you read the NSW laws,at the end of every offence it says "police excempt"

Thought as much Nobby.I know for a fact that over here police are exempt from the driving and mobile phone laws !