NSW - Motorcycle fine - Overtake to right of vehicle turning right (but stationary at an intersection).

A car pulled out from a parking space and stopped in front of me at an intersection indicating right.
The road that we were on was wide but with no road markings.
It was 5pm with a lot of traffic and I knew the hesitant driver would take a while to find a gap to pull out.
I went to the right of the stationary car on my motorbike and also stopped.
After about 10 seconds I pulled out into a gap and turned right where a police car pulled me over and fined me for "Overtake to right of vehicle turning right/making U-turn".

I see people do this all the time and I am unsure whether this is technically illegal.
You are allowed to filter to the front on a motorcycle in NSW.
I did not overtake a car as it was stationary, even after I was pulled over by the police.

If there were 2 lanes at an intersection to turn right and I filtered between the two (as per normal practice) would I be fined for overtaking the car on my left, and also my right.

I have 19 years with no tickets (but in the UK so it transpires that I cannot claim for a 10 year clean record). Happy to pay the fine and accept my education if I am in the wrong.

Thanks

ps: Overtake definition.

"overtake" , for a driver, means the action of:
(a) approaching from behind another driver travelling in the same marked lane or line of traffic, and
(b) moving into an adjacent marked lane or part of the road on which there is room for a line of traffic (whether or not the lane or part of the road is for drivers travelling in the same direction), and
(c) passing the other driver while travelling in the adjacent marked lane or line of traffic.
Note :
"Marked lane" is defined in this Dictionary.

Comments

  • +25

    What you did just sounds dangerous. You really couldn't just wait behind him, instead pushed your way in?

    • +7

      We were joining a main road from a side road.
      The main road was full of slow moving cars and the car didn't attempt to pull out.
      I agree that it probably sounds like I tried to push my way past a car but it wasn't dangerous.
      Dangerous would be to go the left and try and cut across a car that may eventually pull out.

      In principle, I would regularly make the same manoeuvre between 2 cars if I had filtered to the front of a busy intersection.

      You are right, I could have waited and I will not do the same again. However, I wonder if other filtering to the front and pulling away first methods are therefore equally illegal?

      • +1

        But lane filtering is only done at traffic lights isn't it? Not a give way sign, which obviously this was.

        It sounds like once you pulled out and taken a spot, effectively the car couldn't take the same gap, thus you 'pushed in' to do the manoeuvre.

        • +4

          You can actually lane filter anywhere: http://roadsafety.transport.nsw.gov.au/stayingsafe/motorcycl…

          What is lane filtering?
          Lane filtering is when a motorcycle rider moves alongside vehicles that have either stopped or are moving slowly (less than 30 km/h).

          What motorcyclists need to know about safe lane filtering
          Motorcycle lane filtering laws apply in NSW, with strict conditions
          Motorcyclists must only lane filter when travelling less than 30 km/h
          Motorcyclists can lane filter through stationary and slow moving traffic
          Motorcyclists caught moving between traffic at over 30km/h face heavy fines and three demerit points under the offence called ‘lane splitting’
          It is illegal for motorcyclists to lane filter:
          next to the kerb
          next to parked vehicles
          in school zones
          Motorcyclists should always look out for pedestrians and cyclists
          Motorcyclists should not lane filter around heavy vehicles and buses
          Only fully licensed motorcyclists are allowed to lane filter
          Motorcyclists must only lane filter when it’s safe
          Motorcyclists must comply with all existing road rules when lane filtering. This includes stopping before the stop line at a red traffic light or stop sign, never in front or over it.

          If you see a slow car with a slow driver then you know that they will take a while to go.
          It is the same as waiting at an escalator or in a shop.
          You judge the situation based on your surroundings. I wouldn't do it next to a van / bus or a faster car or younger driver.
          Equally, I regularly see bigger motorbikes pull up to my right and do the same to me.

        • +5

          @smashed:
          "You can actually lane filter anywhere: http://roadsafety.transport.nsw.gov.au/stayingsafe/motorcycl…

          …except that the relevant requirement not listed above is that you may only lane filter BETWEEN lanes travelling in the same direction. Travelling between the innermost lane and the oncoming traffic is not lane filtering.

      • +1

        I would say it was dangerous, if the car you were squeezing past started to make the turn, he could have hit you and pushed you into incoming traffic, which could have been fatal.

  • +3

    You overtook a car indicating right? I'm surprised you're still alive!

    I cbf finding the current overtaking laws, but here is the repealed version. (always the same law, but they add the occasional word)

    http://www.austlii.edu.au/au/legis/nsw/repealed_reg/arr210/s…

    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.

    I seriously doubt in the UK you're allowed to do it either.

    • +4

      Thanks. That is to the left (I went to the right).
      Am I technically overtaking though? (this is my key confusion).
      I pulled up alongside a stationary car which motorcyclists do constantly on every road in NSW.
      I turn right to the inside of a car (which is still stationary anyway).
      NSW law allows you to filter to the front of a queue.

      I wouldn't risk my life and I see motorcyclists doing a lot worse every day. But thank you for your input :)

      • +3

        http://www.austlii.edu.au/au/legis/nsw/repealed_reg/arr210/s…

        142 No overtaking to the right of a vehicle turning right etc

        (1) A driver must not overtake to the right of a vehicle if 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.

        http://roadsafety.transport.nsw.gov.au/stayingsafe/motorcycl…

        Lane filtering is an EXEMPTION to the other rules (about 2 in a lane), not a rule by itself.

        http://www.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104/…

        (d) it is safe to do so

        Well, you broke another law, so it's not safe

        • +1

          This is my question. .
          If I filter between cars to the front at an intersection where both are turning right…. am I classed as overtaking to the right of the left vehicle when the lights go green?

          It is legal to get to the front but you cannot cross the stop line and then you will be breaking a law if you pull away in front of the car?

        • Also the law states "If 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."
          Explicitly declaring both "a right change of direction signal" and "turning right" suggests that the vehicle needs to be in motion for this law to be broken? :)

          That is my interpretation anyway.

        • @smashed: Can you please clarify:
          Above you say at "the front at an intersection" - do you mean in front of the car ?

          Your original post says "I went to the right of the stationary car and also stopped"

        • @MITM:

          The car had already stopped at what is officially called a T-junction.
          There were no markings on the road though to indicate lanes or the end of the road.
          I then pulled up alongside and stopped next to him on his right hand side.

        • @smashed:
          not sure why you are trying to argue your interpretation…
          if you want someone to interpret the law get a lawyer, else their opinion is unqualified and thus moot.

          "There were no markings on the road though to indicate lanes or the end of the road"
          so ah ? how where you filtering ? was it not just overtaking at that point ?

        • @Settero:

          I was just explaining the situation. Perhaps somebody knew this stuff in detail.. e.g can a car be turning whilst stationary at a junction.

          I'm not trying to blame a lack of road markings but just disclosing what I know.

        • @smashed:

          It is legal to get to the front but you cannot cross the stop line and then you will be breaking a law if you pull away in front of the car?

          this happens all the time on busy roads (and not so busy roads). don't move in front of the vehicle closes to the stop line unless you can drive through the intersection.
          http://www.rms.nsw.gov.au/cgi-bin/index.cgi?fuseaction=demer…

        • +8

          @smashed: So if you were travelling along a highway and a car up ahead is stopped, right indicator on and waiting for oncoming traffic to clear, you think it'd be OK to overtake them on the right because they're not moving? If that driver saw a break in traffic and suddenly took off to their right, you're toast mate. That flashing right indicator is there as a warning for you, and a clear indication that the area to their right may be a dangerous place to be right now.

        • @smashed: Ok, I read this far and rode bikes daily for 15 years, and while this doesn't make me an expert on the law at least I can say I am experienced.

          My take on this is that cops have some discretion when giving you a ticket. I won't say I haven't done the same thing you did, I have probably done it heaps when I thought it was safe, but if you are pulling up at an intersection where the person at the front could take off at any moment, you are potentially in a dangerous position. I would say 9 times out of 10 if the car was indicating right I would be on the left of it, and I would probably only take the right if it was at a set of lights and they were red, in which case it would be extremely unlikely the guy is going to hit me by running a red light.

          I know you asked about the legalities, but with filtering only relatively new legally, I would guess it would be pretty hard to get out of this one without having done the research

  • +3

    Isn't lane filtering legal only when between cars on a two lane road (I.e. not on the right hand side of a vehicle and also not between the left vehicle and parked cars)? I'm on the mobile so right now can't look up the law specifically.

    I've been riding a long time, but not 19 years like you, and I'm gobsmacked any experienced rider would overtake on the right side of a right turning vehicle. It's asking for trouble.

    • You may be right on definition of filtering. . I will check.
      The driver was so hesitant and I could onpy get hit if I drove into his path and he went promptly but neither happened.

      I won't do it again as I don't want any more fines :)

      • Probably hesitant about hitting an impatient idiot on a bike.

  • +5

    I don't know if what u did was legal or not, but if the other car was intending to turn right, and u suddenly overtake on the right side, dont u risk hitting the turning car once it starts turning? honestly, drivers don't check their right side mirror when turning right coz no one should be on the right side of them.

  • +6

    I see people do this all the time and I am unsure whether this is technically illegal.

    Well now you're sure!

    AUSTRALIAN ROAD RULES - REG 142 - 142 No overtaking to the right of a vehicle turning right etc

  • -1

    So the police saw your every move and you didn't notice the police ? You got busted - suck it up.
    The police know their stuff or you could ask a judge for his interpretation.

    • +7

      I saw the police but I didn't believe it was illegal.
      I have sucked it up. I asked for others opinions that is all.
      Thanks for 0 helpful input :)

    • +1

      Police don't always "know their stuff"…which is why one can have their day in court.

      http://www.smh.com.au/nsw/the-video-footage-police-tried-to-…

  • How much was the fine?

  • +21

    Hey Smashed. I've been riding for about decade and have been lane splitting since it was legal in NSW and ACT.

    Something to keep in mind is that most of the commenters on OzBargain are car drivers. There are very few riders on the OzBargain forums. If you are looking for a rider's point of view then you are best to post on a riding website like Netrider.

    As for describing the lane splitting culture in Australia/NSW you need to keep in mind that lane splitting is very new here. NSW was one of the first states to legalise lane splitting and that was a little over a year ago, 1 July 2014:
    http://roadsafety.transport.nsw.gov.au/stayingsafe/motorcycl…

    The Police and most regular car drivers are following the road rules strictly and are not yet accustomed to the flexibility of the lane filtering laws.

    My opinion as a rider is that overtaking on the right of a vehicle waiting to do a 90 degree right hand turn is VERY illegal. Being impatient isn't an excuse for ignoring your safety or that of fellow road users.

    This is my question. .
    If I filter between cars to the front at an intersection where both are turning right…. am I classed as overtaking to the right of the left vehicle when the lights go green?

    I think this is a grey area. For safety reasons I don't filter to the front between two lanes turning right. Especially in the larger capital cities where the roads are not as well maintained compared to overseas. For example in Sydney many of the roads are made up of cracked cement which might bounce you wider than expected. Also trucks will compress and sag different parts of the bitumen road meaning that your bike will be starting on a crown and have to cross over others crowns which may pull you offline or wobble your bike. Plus there's the fudge factor where you might have to brake mid-corner or tilt the bike to avoid sand/pothole/oil/diesel/boxes or a pedestrian who has not seen the turning cars. Lastly and most importantly is that Australian drivers are TERRIBLE compared to drivers in other countries, they own much larger SUV/Commodores and HABITUALLY cross the line into other peoples lanes.

    If you have to lane filter between two cars turning then I recommend to make it to the front and quickly shift across infront of the first cars. Its much safer as you are no longer lane splitting although is technically illegal due to crossing over a stop line.

    • +1

      Very well said

    • +1

      Nicely put!

      I'm a car driver and regularly ride a push bike on the road. +1 for Australian drivers being terrible compared to other countries. I think the number one issue is that some car drivers don't get that a 2tonne plastic clad steel box racing around the streets can cause serious damage to anyone/anything you hit. A 300kg motorcycle doesn't stand a chance.

      My advice from a pushy rider to a motorcyclist: even if it's legal and you are in the right, don't do it if it puts you at risk. You won't "win" in a collision with a car so avoid putting yourself in that situation if you can.

      Sometimes you cant avoid a collision, in that case thank your lucky stars you wear leathers and not lycra (that's a joke BTW ;-)

    • Duplicate…

    • Smashed, I didn't know that riding was discussed in this forum (never looked) but agree whole-heartedly with Mumbles.
      FWIW, I've been riding for 30+ years and would never consider this particular maneuver.
      If you are a member of the NRMA, you could try calling their legal service for some advice but I suspect you have already heard the answer a few times by now…

    • +5

      I totally agree, drivers who drive big cars and cross the line into other people's lane is a big pet hate of mine.

      Another hate is when a driver turns left but feels the need to steer right a bit first and then do a full left, thereby swerving into the right lane slightly before they turn left, as if they think they are going to hit the kerb.

      • +1 for your 2nd paragraph, is it because they're afraid they going to hit the kerb when turning left hence trying to have a bigger turn radius, or is it they're too lazy to slow down and turn from their lane? or they think they're fully sick drifters trying to do a flick drift? lol

  • +4

    It's not lane filtering when a car is stopped waiting to turn right and you cut in front of him when taking off. It's overtaking.

    And yes, regardless of whether he was actually moving at the time, he was travelling. That's what one does on a road.

    As has already been mentioned, you're lucky to still be alive. Although you may consider there was little risk in this situation, having summed up what the other driver was likely to do, at a glance, next time you may not be so lucky.

    At $319 to potentially save your life, it's a bargain.

    It's the responsibility of motorists to adhere to the road rules AS THEY'RE SPELLED OUT, not try and rationalise what they 'could' mean if we wanted them to.

  • +5

    Disregard any relevance of lane filtering laws in this situation.

    This only applies between two lanes travelling in the same direction.

    Therefore it does indeed come down to overtaking a turning vehicle….or a vehicle waiting to turn.

    nb. I am a motorcyclist.

  • +5

    It was a dangerous thing to do as you have no control over when the other driver will decide to start moving and it is unlikely they would check for a motorcycle approaching from the right.

  • +1

    Very dangerous move. hopefully the fine will make you think twice about making the same potentially fatal mistake just to get in front of a car

  • Grey area. But he got you on the fact that the vehicle was turning right and you were too impatient to wait. Either way you can't have two vehicles at an intersection turning right. He has put you in the wrong beecause you were right of a vehicle intending to turn right. You can appeal it but you will lose.

  • +4

    Thanks for all your contributions :)

    I will pay the fine today.

    ps. I do cycle too but would always pull up next to the vehicle on the left and do a hook turn if it it was stationary. I best check the legality on that too :)

    • +1

      Thanks for your post! Its been enlightening to me and other OzBargain riders who lane filter.

      "With great power comes great responsibility" -Spiderman.

    • +1

      About the cycling question: A hook turn is fine but you are supposed to give way at each "corner" during the turn. If you instead perform a normal right hand turn then it's treated as if you were any other vehicle (this is NSW law BTW). Roundabouts are the similar.

      Remember though that cyclist are allowed to use the shoulder of the road so it's not "overtaking" when passing on the left in the sholder (i still wouldn't do it at a corner where a car is turning though, they're going to hit you if you get in their way and don't see you).

      I'm a reasonably experienced road cyclist. I've seen car drivers do things sooooo dumb you wouldn't belive me if i told you. One driver suggested it was my fault he nearly hit me because my pushy didn't have blinkers (i was actually hand signaling at the time, had right of way and my bike is light up like a Christmas tree at a rave party).

      You've got to remember that drivers don't always know the cycling road rules, some drivers become aggressive because they think they have right of way and suddenly you are in a life threatening situation staring down a maniac car driver about to hit you. You've got to abide by the rules but number one thing on your list should be keep alive and safe.

  • This manoeuvre is highly dangerous. If a motorbike cut me off/filtered past/overtook me when I was trying to turn right at an intersection I would be pissed and grumble under my breath "bloody motorbikes".

  • -1

    Thank you for being a motorcyclist. You guys contribute more organs for donation than any other road users.
    Be careful out there.

    • +2

      You guys contribute more organs for donation than any other road users

      Big misconception actually (my mum is a transplant recipient). The fact is the ribs shatter into such tiny fragments that almost all vital organs are totally useless if they've come from a riders involved in a crash. Almost 100% of transplant organs come from brain dead patients which, after asking the family for permission of course, the doctors can 'keep alive' until they line up and test for compatibility the recipient.

      Oh and I'm a motorcyclist :)

      • 2 points.
        1. I said that motorcyclist donate more than 'any other road users'.
        2. Here is a link to a study that proves it. I quote" And brain death is much more often a factor in motorcycle crashes than in automobile crashes. Especially when they are not protected by helmets, the economists write, motorcyclists “can be killed in low-speed, relatively minor collisions which cause brain death but leave the rest of the body in pristine condition.”

        Read more here: http://www.charlotteobserver.com/news/local/article9134531.h…

        Try a Google search on "Donorcycle".

        • American stats….helmet laws historically more lax compared with Australia.

  • Are you suicidal?

  • +2

    Law blah blah. IMO What you described was indeed illegal. But it doesn't matter.

    Look after yourself If you're a motorbike rider relying on your rights and nitpicking the laws rights etc, then unfortunately you probably won't be a riding for long. If that car was to hit you or push you into the traffic you'd be high chance of being killed or seriously injured. and the driver would probably not be at fault.

    You're putting yourself in a more vulnerable position on the road. What if an oncoming car quickly slowed and let the car turn right? What if an oncoming car came towards the middle as you went up to the right?

    Currently interacting with the drivers in France, the difference is huge! I have no idea why, but average Aussie is driver is so highly aggressive with none of skills and situational awareness to match.

    Australian drivers aren't like British ones. The car you pulled to the right of has a much higher chance of being operated by some pindick getting annoyed by your perceived transgression or cutting inline. Even though a motorbike is going to cause no traffic issues for the driver.

  • -2

    Why don't you just ask the bikies to drag with the fine?

  • This is why I hate lane filtering, no bastard knows how to do it correctly…drivers or riders apparently…I see idiots almost killed every other day because they think they've got the right now to just slot in anywhere, unannounced.

    • +3

      True dat. right up there with mugs not knowing:-

      • how to merge
      • road etiquette
      • how to use roundabouts, keep to left unless overtaking (on highways).etc

      and idiots in cars who run wide when turning, as if they're driving a B-double truck or ocean liner.

      • +1

        and idiots in cars who run wide when turning, as if they're driving a B-double truck or ocean liner.

        Yup, this is one of my real pet peeves as well.

    • +1

      This is why I hate lane filtering driving, no bastard knows how to do it correctly

      FTFY. For something that people do nearly every day, why the hell is everyone so shit at it?

    • +1

      https://www.youtube.com/watch?v=Kz4ZGqfwNEM

      priceless

      why do oz riders think that they can lane filter like they do in thailand and vietnam is beyond me?

      • +1

        I know the question is meant to be rhetorical but I wanted to give a response so that car drivers needn't worry as much.

        In NSW/ACT a motorcyclist must stay under 30km/h and not be on their L or P plates.

        30km/h is what a fast road cyclist can pedal. Many downhill mountainbike riders survive higher speeds, on dirt with less body armour.

        The traffic in Thailand and Vietnam's large cities is congested to the point where average traffic speeds are below 30km/h. You'll find that traffic speeds and congestion of Australian capital cities are tending towards that of Thailand and Vietnam.

        As for the YouTube video, it's really not reflective of Australian conditions or the riding community as a whole. The YouTube description starts by saying "A motorcycle rider in Georgia, USA". A commenter posted "Just Googled lane splitting law. Not legal in Georgia". Lastly, the USA is very libertarian and do not limit first time learner riders so they can choose any sized motorcycle and there's no requirement to display L or P plates (I don't think America has L plates at all).

        The YouTube video has two motorcycles travelling faster than cycling speed, breaking the state law, riding a small capacity motorcycle which doesn't have ABS braking. The Georgia motorcyclist is entirely at fault and liable for all damages.

        The mindset of most sane motorcyclists is that WE KNOW WE ARE VULNERABLE so we are MORE safety conscious than our car driving counterparts. Sure there's going to be the exception out there but that's same for car drivers. You will more likely see a car swerving, cutting you off, burnout, drift, tailgate.

  • What you did was a Certified Dick Move.

    I'm a cyclist, a motorist and a motorcyclist, so I try to be considerate to the other two groups regardless of the activity I'm participating in.

    When you turn right without an arrow, you need to wait for a gap in traffic in order to do so.

    By filtering to the front with the intention of making a right turn, you are taking the person behind you's spot in the queue. That means that you have determined that you are somehow more entitled to that gap and deserve to go first. By your own admission you did this because you "knew the hesitant driver would take a while to find a gap to pull out". They were there first, mate.

    By all means, filter to the front if you're turning left or going straight - noone behind you is losing out because of this. But don't be a dick and make the rest of us cop hate for you being selfish.

    Cop the fine, you deserve it.

    • Thanks, I have learnt my lesson. FYI I didn't actually make anybody wait as I went through a gap that the car could not fit through. It was still there when I took my helmet off after being pulled over.

      • That's cool - but you don't know that the first gap that you see will be one that the car wouldn't have fit through.

        An expensive lesson, but valuable!

  • -2

    I effing loathe motorbikes squeezing through gaps; no support here…

    • +3

      I'm not a bike rider, but who the heck cares if they lane filter? Sure, they get to the head of the queue - but it also makes the queue shorter for everyone else, because bike riders, in my experience, don't (profanity) around when taking off from the lights, like my fellow car drivers seem to.

    • +3

      Like I said above. Cars are frequently operated by pindicks like these. Ready to be all uppity at any perceived infraction or the thought of a delay. Even though a motorbike is going to cause zero issues for the driver.

      • +1

        Not about delay at all; it is about the selfishness in YOU (the rider) making yourself MY (the driver) liability in my lane, in motion; I shouldn't watch out for motorbikes overtaking me in my lane; queue the f up!

        PS: Not fussed about lights and stoppages; in-motion maneuvers only.

        • +2

          Agreed. Again, it's not the fact that it's done that's the issue, it's the dangerous way that some idiot motorcyclists choose to (incorrectly) interpret the rules that causes the danger.

          I've been riding motorbikes for 40+ years, just in case anyone is wondering about my perspective here, I'm not anti-bike…just anti-fool; I don't care if they wipe themselves out either, but it's not that simple; involving drivers by way of potential liability or culpability isn't really fair to other road users.

          One thing I'll say for the OP here, he's acknowledged he did the wrong thing & is clearly gonna cop his fine on the chin like a man; big ups; but nobody can really fault him for asking the obvious question in a relatively new & somewhat grey legal area, we would all be thinking the same thing in his shoes.

  • Surprised you posted this, someone with so much experience should know better. I'd suggest you familiarize yourself with the road rules before you become another statistic.

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