VIC Traffic Law - Motorbike's Right of Way?

[Jackkk]

When I turned right, the cars were in a long traffic jam. Suddenly, a motorbike arrived. It was nearly an car accident. Whose fault is it? Does this motorbike have the right to go this way under traffic law?

 

[Jermy]

Hi,

I, myself a bike rider, and the rule I think is that you have to give way, you need to make sure that the road is clear, what he did is lane filtering which is legal (in NSW), saying this, in these cases, I always slow down and make sure that there are no vehicles crossing, the bike rider will suffer more than any vehicle in an accident.

As there was no accident, there is nothing that can be done. I had many cases where vehicle drivers were complete irresponsible and nearly caused an accident with me (I have action cam too that records what happens), and reported to police (showing the video, vehicle rego number etc....), the police will not do anything unless there is an accident, the only thing is that someone does something like crossing a red light then you can complain but that will require that you go to court....

Hope that helps.

 

[Jackkk]

I live in WA. We can not discuss the law. But in my opinion this is legalised stupidity. If a motorcyclist is more vulnerable in an accident, the law should prevent dangerous situations. It should not allow the motorcyclist to maneuver between the cars. The law should be like this: you are on the road, behave like other vehicles...wait in a row like them.

 

[Rob Legat - SBPL]

This isn't a forum to discuss what the law "should be". If lane filtering is legal, it is legal, and you have to deal with it accordingly.

 

[Clancy]

You cannot give way to what you cannot see. All you can do is be aware of the possibilities, but even doing so and being careful, this particular traffic situation is just begging for disaster if the bike is pelting along at the speed limit between stopped vehicles - which I am assuming he is entitled to do.

And I am surprised lane filtering is legal....so dangerous, and yet I can be fined for looking at my mobile phone while stopped in the queue inside the airport arrivals lane and the policeman cannot even tell me one thing what is dangerous about my situation when i asked him other than spewing generic reasons that apply to the open road.

 

[Jackkk]

You better not ask a policeman about such things. A policeman is just a tool of law. The tool is enforcing the law that is done elsewhere. I assume that the policeman is always infallible. This situation is called: self-censorship

 

[Adam1user]

You cannot give way to what you cannot see. All you can do is be aware of the possibilities, but even doing so and being careful, this particular traffic situation is just begging for disaster if the bike is pelting along at the speed limit between stopped vehicles - which i am assuming he is entitled to do.

And i am surprised lane filtering is legal..... so dangerous, and yet i can be fined for looking at my mobile phone while stopped in the queue inside the airport arrivals lane and the policeman cannot even tell me one thing what is dangerous about my situation when i asked him other than spewing generic reasons that apply to the open road.

Hi,

Lane filtering is allowable and legal but should be done at speed of less than 30K/h above that is considered illegal and hefty fines apply as then become dangerous as you mentioned. It helps when there is traffic and at traffic lights.

There is so much joy when the traffic at traffic lights is more that 30 cars and you go from the back to front and be on the first at the traffic lights, this is from a bike rider....

 

[Clancy]

Do police have the means to even enforce that rule?

 

[Adam1user]

do police have the means to even enforce that rule?

yes, they can by eye sight if needed or Radar, Up to now, I have not heard of anyone who got fined or a ticket for it, any safe rider will not risk it, not because of the fine but because it is dangerous.

 

[Clancy]

yes, they can by eye sight if needed or Radar, Up to now, I have not heard of anyone who got fined or a ticket for it, any safe rider will not risk it, not because of the fine but because it is dangerous.

I don't think the police could possibly radar a motorbike tightly squeezed in between rows of vehicles?

But as you say, if both sides take caution, even though it is a surprising incident to occur, an accident can be avoided.