The Lane splitting threads - Legal or not?

[surf]

Thats just what I meen, its a grey area :? .

If someone has a friend in law and traffic, maybe we can get clarification(in writing) :?:  :?:  :?:

[bobnob]

lane splitting is legal

if you read the traffic act (somewhere on the net i lost the link)

it tells you that a motorcycle may see every lane as a 2 lane road

you may pass a vehicle on the right but you have to then move back into the traffic

so according to the act you need to put your indicator on as you effectively passing a vehicle

problem is no puts on there indicator as you are passing 5000 cars at once

so splitting lanes are more than legal but they can nail you on little technical stuff like indicators etc

i split lanes all the time and have split pas numerous traffic cops etc they have never given me any indication that they wanted to stop me arrest me or give me any kind of ticket

i believe splitting lanes are more safe than staying in the lane

you need to be faster than the cars behind you that way you only have to worry about the cars infront of you

as soon as you stick to a lane like a car another car will see the gap and go for it (with you already in the gap)

[masehare]

Welllll, for insurance purposes, technically we aren't lane splitting. You are either driving in the left lane or the right lane - just on the edges of the lanes.

[D7]

to clarify bob

it was one of those roadblocky type things which I was lane splitting through - the guy was on foot, and traffic very slow....

[surf]

Welllll, for insurance purposes, technically we aren't lane splitting. You are either driving in the left lane or the right lane - just on the edges of the lanes.

Yip, that is what the ensurance told me"Sir you were driving between the cars, that is illegal, and that is why we are not paying, you can fight in court if you want..."

     

[Bossies]

Sorry for the long posting but this has helped one or two riders fighting claims here in the UK where a car changed lane directly in front of them while they were filtering (lane-splitting). It might help you in SA if the rules are the same...


Accidents filtering and arguing liability with insurance companies
________________________________________

Ref: - Accident {date & time}

Further to our previous conversations I feel it may make matters clearer by reference to the Highway Code. I shall compare my road position and manoeuvre with that of the other driver. You will see it is abundantly clear that I was doing nothing wrong and that the driver is entirely to blame.

My Circumstances

I was slowly overtaking a stationary line of traffic.

I refer you to rule 71 of the Highway Code in the section "Rules for Motorcyclists" which reads as follows:

71: Manoeuvring. You should be aware of what is behind and to the sides before manoeuvring. Look behind you; use mirrors if they are fitted. When overtaking traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions.

A number of important points arise from this rule.

1. Note the use of the word WHEN as emphasised in the rule. It does not say "Do not overtake traffic queues" (or words to that effect), or suggest that it is an inappropriate course of action to take. It is clearly not a prohibitive instruction (see for example rule 74 which give prohibitive instructions). This clearly envisages that motorcyclists may, in the normal course of riding, overtake traffic queues.

2. I had already checked my mirrors and glanced behind to make sure nothing was overtaking the traffic queue already.

3. It was only the fact that I was progressing relatively slowly, in order to check for pedestrians who may be crossing between the vehicles making the accident much less serious than it would otherwise have been.

Before I move on, it is probably worth referring to the General rules for motorcyclists set out in rules 67 to 69. Again, I have reproduced these below.

67: On all journeys, the rider and pillion passenger on a motorcycle, scooter or moped MUST wear a protective helmet. Helmets MUST comply with the Regulations and they MUST be fastened securely. It is also advisable to wear eye protectors, which MUST comply with the Regulations. Consider wearing ear protection. Strong boots, gloves and suitable clothing may help to protect you if you fall off.

68: You MUST NOT carry more than one pillion passenger and he/she MUST sit astride the machine on a proper seat and should keep both feet on the footrests.

69: Daylight riding. Make yourself as visible as possible from the side as well as the front and rear. You could wear a white or brightly coloured helmet. Wear fluorescent clothing or strips. Dipped headlights, even in good daylight, may also make you more conspicuous.

You will note that:

1. I had complied with rule 67 by wearing protective clothing, which again helped reduce the seriousness of the accident.

2. I had complied with rule 68.

3. I had complied with rule 69 by using dipped headlights. I always ride with dipped headlights as it is considered good practice and safer to do so.

Accordingly, the only conclusion which may be drawn from the above is that I was riding my motorcycle safely and as envisaged by the Highway Code. I cannot, therefore, be to blame in any way for the accident.

Mr Xs Circumstances

I now turn to Mr Xs driving manoeuvre.

I shall compare his manoeuvre to two fairly similar manoeuvres; setting off from rest as he was stationary and making a right turn.

Setting Off From Rest

This is governed by rule 135 of the General Rules for Using the Road. This is reproduced below:

135: Before moving off you should

use all mirrors to check the road is clear

look round to check the blind spots (the areas you are unable to see in the mirrors)

signal if necessary before moving out

look round for a final check.

Move off only when it is safe to do so.

 

Check the blind spot before moving off

It is quite clear that Mr X failed to undertake all, or more likely any, of the requirements given that my body was level with his drivers door when he made the manoeuvre.

Turning Right

This is governed by rule 155 of the Road Junction section for Using the Road. This is reproduced below:

155: Well before you turn right you should:

use your mirrors to make sure you know the position and movement of traffic behind you

give a right-turn signal

take up a position just left of the middle of the road or in the space marked for traffic turning right

leave room for other vehicles to pass on the left, if possible.

The first point to note, however, is that Mr X was not turning right as I approached. He was stationary in a queue of traffic for a red light. Clearly, Mr X does not have the patience to wait for lights to change so decided to take a different route by turning right. He chose to make this decision as I was level with him.

Again, however, the emphasis of the first two requirements is on observation and signalling. As set out above, Mr X failed these on both counts.

Accordingly, the only verdict which can be reached from the above analysis of Mr Xs manoeuvre is that it was undertaken without sufficient care and attention to myself and other road users.

Conclusion

Mr X was stationary and I took all reasonable care to overtake a stationary vehicle. I checked before doing so, no right indicator on the car, no mirror checks carried out by Mr X, no wheel turns to indicate movement, and the car remained stationary so I proceeded to overtake.

Mr Xs lack of patience to wait in a queue to move clearly made him decide to take a different route. The issue here is he pulled out without mirror checks or signals whilst I was LEVEL with him by the drivers door. Not only is this driving without due care and attention, how Mr X could not HEAR my engine next to him, or be aware of movement right next to him is clearly indicative that he was not concentrating on what was going on around him.

Mr X is young and appears to only have had his licence a short while. But this does not excuse him for not making the proper checks - what if I were a pedestrian or pedal cyclist? More substantial injuries could have been caused by his inattention.

As shown above, I have followed the road rules clearly and exactly and am in no way responsible for this accident. If Mr X had made all the checks required as shown above or been paying attention he would have been aware of my presence and not moved until I had passed, in which case this accident would not have occurred.

I trust this is sufficient to pass to his insurers..

[Ama ride ride]

Welllll, for insurance purposes, technically we aren't lane splitting. You are either driving in the left lane or the right lane - just on the edges of the lanes.

Yip, that is what the ensurance told me"Sir you were driving between the cars, that is illegal, and that is why we are not paying, you can fight in court if you want..."

     

Ask them to PROVE to you that what you did is illigal. Not blabbering and sucking it out of their thumb but on black and white.

[bobnob]

okay here it is

took some searching but i found it and i saved it its official

this is the final word on lane splitting

straight from the road traffic regulations act

each lane can be seen as a public road by a motorcycle ie. each lane is a full road and you may overtake a vehicle when you feel it is save to do

that way if you cross the line and move into the fast lane then passing a car should be done on the right so they can nail you for passing on the left in the fast lane

this subject is now closed  

----------------------------------------
http://www.transport.gov.za/library/regulations/1999/roadregs.pdf
---------------------------------------
Duties relating to motor cycle, motor tricycle or motor quadrucycle

309. (1) No person shall drive a motor cycle, motor tricycle or motor quadrucycle on a public road
unless his or her feet are resting on the front foot-rests suitable for the purpose and, where the design of such
motor cycle, motor tricycle or motor quadrucycle makes it possible to do so, he or she is seated astride on the
saddle of such motor cycle, motor tricycle or motor quadrucycle.
(2) No person shall on a public road carry a passenger on a motor cycle unless such cycle has an
engine with a cylinder capacity exceeding 50 cubic centimetres and unless such passenger is seated in a
side-car or astride on a pillion attached to such cycle and, in such latter event, the feet of the passenger are
resting on foot-rests suitable for that purpose.
(3) Subject to the provisions of subregulation (2), not more than two persons shall ride upon a motor
cycle on a public road, excluding a person riding in a side-car attached to such motor cycle.
(4) Not more than two adult persons shall be carried in a side-car attached to a motor cycle on a public
road.
(5) No person or animal or object shall be carried on a motor cycle, motor tricycle or motor quadrucycle
on a public road in front of the driver thereof: Provided that an object of a non-bulky nature may be so carried
if securely attached to the motor cycle, motor tricycle or motor quadrucycle or placed in a suitable carrier fitted
thereon for that purpose and carried in such a way as not to obstruct the driver?s view or prevent his or her
exercising complete control over such motor cycle, motor tricycle or motor quadrucycle.

(6) (a) Persons, other than traffic officers in the performance of their duties, driving motor cycles on
a public road, shall drive in single file except in the course of overtaking another motor cycle, and two or more
persons driving motor cycles shall not overtake another vehicle at the same time:Provided that where a public
road is divided into traffic lanes, each such lane shall, for the purposes of this paragraph, be regarded as a
public road.

(b) For the purposes of paragraph (a), a motor cycle shall include a motor tricycle or motor quadrucycle.
(7) No person driving a motor cycle, motor tricycle or motor quadrucycle on a public road or seated on
such motor cycle, motor tricycle or motor quadrucycle shall take hold of any other vehicle in motion.
( Any person driving a motor cycle, motor tricycle or motor quadrucycle on a public road shall do so
with at least one hand on the handlebars of such motor cycle, motor tricycle or motor quadrucycle.
(9) Any person driving a motor cycle, motor tricycle or motor quadrucycle on a public road shall do so
in such manner that all the wheels of such motor cycle, motor tricycle or motor quadrucycle are in contact with
the surface of the road at all times.

[lihan]

Didn't read the whole act, but i can add that it will depend on the markings (paint) on the road. If there are barrier lines (no overtaking) and you cross those lines overtaking another car/bike you will be at fault.

Every road marking has got a legal application as describe in the road traffic signs manual.

I will have a look in our documents if i can find anything regarding the lane splitting issue.

[Metaljockey]

(6) (a) Persons, other than traffic officers in the performance of their duties, driving motor cycles on
a public road, shall drive in single file except in the course of overtaking another motor cycle, and two or more
persons driving motor cycles shall not overtake another vehicle at the same time:Provided that where a public
road is divided into traffic lanes, each such lane shall, for the purposes of this paragraph, be regarded as a
public road.
[/b]

That's about as clear as milk.

[seanred]

Whats a quadrucycle? A wheel chair??

[bobnob]

(6) (a) Persons, other than traffic officers in the performance of their duties, driving motor cycles on
a public road, shall drive in single file except in the course of overtaking another motor cycle, and two or more
persons driving motor cycles shall not overtake another vehicle at the same time:Provided that where a public
road is divided into traffic lanes, each such lane shall, for the purposes of this paragraph, be regarded as a
public road.
[/b]

That's about as clear as milk.

whats not clear?

each lane shalle be regarded as a public road

a motorcycle is allowed to overtake within a lane as the entire lane is seen as a public road?

[LuckyStriker]

Yes but by that definition a motorcycle may overtake a car on any road regardless if there is a solid white line or not.
...and we know that is not legal

[Zerc]

Maybe it's just me I still find the paragraph confusing, Simplifying it, I read the first part as Bikers shall drive in single file except when overtaking another motorcycle. In other words we may not overtake another car in the same lane because it's not a motorcycle.
The underlined part I read as Each lane is the same as a public road so this means we can overtake a car by going into the next lane? But what if there's a car in the next lane - then we can't overtake that one because we'll be in the same lane?

[bobnob]

the way i see it

from that paragrah (and i might be wrong)

each lane is seen as a full public road by bikes

if their is a white line you may pass the car in front of you as long as you dont cross the line

if you cross the line then you are breaking the law

this is all very fuzzy

they can say that technically you were not breaking the law as you did not cross the white line

but you were driving recklessly as it was not safe to pass

[Chili Dog]

Hey Dawgs,
I always stay between the right hand and centre lane on the highway when lane splitting. I think the cage drivers expect us to be comin through on that route (Although most of them seem oblivious to anything going on around them). I ride slighly faster than the cages and rather take advantage of the fact that I'm not stuck in traffic to speed up my journey.  A number of times I have experienced other bikes, mainly sports but some D/S lane splitting between the left and centre lanes and going at a hell of a speed (well at least faster than me). The problem I have found with this is that the cages swing over to the right, in front of me, to let the bike on the left through. Dont get me wrong, If there is a bike behind me that wants to get through I let him pass. The guys I'm talking about seem to perpetually travel in the left/centre lanes. My question is, what is regarded as the correct, safest, logical lanes to split between is there any ettiquete on this.

[LeonDude]

You are riding at the correct place. Just keep all your senses about you for when that cage ducks in front of you.

[zebra - Flying Brick]

Seems like a real problem - so give it a name, publicise it, and the 'message' will get out to the masses... and Cagers can at least expect WHERE to expect a biker.

Something like: Mulit-Lane Splitting Right Lane ONLY.


Dirty-Biker - I think this is a very relevant point.
Cheers

[Grootseun]

be alert, check your rear view mirrors. If you see a faster riding bike approaching make way (find a gap and slot in behind slow moving traffic.) Rule of the road is, keep left, pass right.

[RobC]

Seems like a real problem - so give it a name, publicise it, and the 'message' will get out to the masses... and Cagers can at least expect WHERE to expect a biker.

Something like: Mulit-Lane Splitting Right Lane ONLY.


Dirty-Biker - I think this is a very relevant point.
Cheers

The basic rule is "Pass on the RIGHT". So logically one should lane split on the ourermost lane and not in the inner ones. Faster traffic must always be on the RIGHT, that way all users can look to the RIGHT mirror for approaching faster users and thus make provision for them. Simple really...
However... we have arseholes on our roads that think rules do not apply to them... so look out for them as wel!