Laws on filtering

[crackthepipe999]

I grew up as a cager and have only just converted. I read the highway code, and the way i understood it even in cars undertaking is not illegal, its undertaking in an aggressive manor. so if a car in the center lane is traveling slowly you are allowed to travel faster in the left lane, just as long as you don't zip in front of them or buzz up the inside in excessive speeds. The only time i see this as necessarily is on a motorway where the roads fork off and if you pass on the left you may miss your junction.

All drivers of any vehicle has an obligation to be vigilant and safe.

 

[Friz]

I grew up as a cager and have only just converted. I read the highway code, and the way i understood it even in cars undertaking is not illegal, its undertaking in an aggressive manor. so if a car in the center lane is traveling slowly you are allowed to travel faster in the left lane, just as long as you don't zip in front of them or buzz up the inside in excessive speeds. The only time i see this as necessarily is on a motorway where the roads fork off and if you pass on the left you may miss your junction.

All drivers of any vehicle has an obligation to be vigilant and safe.

If everyone went in their correct lane (as far left as possible on dual carriageways and motorways, unless overtaking when you move into the right) this wouldn't be an issue.

Undertaking in any situation is bad practice - at the very least - and as my previous quote shows, the highway code says it's not to be done.

 

[LeedsRider93]

But as has already been mentioned, undertaking is not illegal

Undertaking in most conditions is illegal, but (apart from in terms of filtering) hasn't been discussed in this thread so far.

http://en.wikipedia.org/wiki/Undertaking_%28driving%29

United Kingdom - The Highway Code discourages undertaking on motorways with some exceptions (rule 268): "Do not overtake on the left or move to a lane on your left to overtake". Undertaking is permitted in congested conditions when frequent lane changing is not recommended.[4] On other roads, the Code advises drivers "should only overtake on the left if the vehicle in front is signalling to turn right" (rule 163).[5] Rule 163 uses advisory wording and "will not, in itself, cause a person to be prosecuted", but may be used in evidence to establishing liability in any court proceedings.[6] On all roads, undertaking is permitted if the vehicles in the lane to the right are queueing and slow moving. Undertaking in an aggressive or reckless manner could be considered Careless Driving or more seriously Dangerous Driving, both of which are legally enforceable offences.

This section,

On all roads, undertaking is permitted if the vehicles in the lane to the right are queueing and slow moving.

quoted from the above paragraph, could be used to discuss filtering on the left.

However - this part is actually referring to slow moving traffic as in a que on a dual carriageway or motorway where you're in a car and can't help but undertake someone in the car to the lane next to you (at ridiculously slow speeds) because you're lane is moving faster.

However the Highway Code isn't technically law. Just best practice guidance.

Undertaking is bad practice though, undeniably.


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[TheDiabeticBiker]

I had an argument with a colleague in work about us filtering. According to her, we deserve all we get if we get hit as it's unsafe and we should be more patient by waiting like everyone else. Not easy trying to talk to a cager about this.

 

[BikerSpeedTriple]

I had an argument with a colleague in work about us filtering. According to her, we deserve all we get if we get hit as it's unsafe and we should be more patient by waiting like everyone else. Not easy trying to talk to a cager about this.

You could quote that back at her next time she thinks about overtaking a slower vehicle when it means using the lane for oncoming traffic to do so.

(Most) lane markings are a guide to help keep road users segregated and moving. There are many valid reasons why you can temporarily ignore them if it is safe to do so (notwithstanding certain markings which indicate a specific prohibition, such as box junctions). Filtering is just one of them.

As always, ride safe.

 

[iTrophyEyes]

The rules in Northern Territory where I live are hazy. Apparently it's not illegal, just frowned upon.
Apparently It's different in all states of Australia. I found an article on it a while back with heaps of info, ill hunt it down.

 

[Friz]

However the Highway Code isn't technically law. Just best practice guidance.

Never say this to a policeman, please :lol:

It's not best practice guidance - it's a standard that you're supposed to adhere too. Deviation from that standard can be prosecuted under other laws such as those for careless/inconsiderate driving.

Many of the rules in The Highway Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.

Although failure to comply with the other rules of The Highway Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.

The Road Traffic Act 1988 says:

A failure on the part of a person to observe a provision of The Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the [1981 c. 14.] Public Passenger Vehicles Act 1981 or sections 18 to 23 of the [1985 c. 67.] Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.[7]

It doesn't take more than quick Google to find many accounts of people prosecuted because they were undertaking in a manner that they considered safe, but the Police didn't.

(rule 268): "Do not overtake on the left or move to a lane on your left to overtake".

This is quite clear in that you shouldn't be undertaking, unless in a situation like we previously discussed in which it's unavoidable (moving in slow traffic etc). That's it, really.

If we spin this right back around to the OP - yeah, I guess you can travel along the left between cars and the curb while filtering.
Is it safe? Not in the slightest.
Will you get in trouble if you do it? Depends on the police officer.
If something happens, will you get the blame? Yes.

 

[LeedsRider93]

However the Highway Code isn't technically law. Just best practice guidance.

Never say this to a policeman, please :lol:

It's not best practice guidance - it's a standard that you're supposed to adhere too. Deviation from that standard can be prosecuted under other laws such as those for careless/inconsiderate driving.

Many of the rules in The Highway Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.

Although failure to comply with the other rules of The Highway Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.

The Road Traffic Act 1988 says:

A failure on the part of a person to observe a provision of The Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the [1981 c. 14.] Public Passenger Vehicles Act 1981 or sections 18 to 23 of the [1985 c. 67.] Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.[7]

It doesn't take more than quick Google to find many accounts of people prosecuted because they were undertaking in a manner that they considered safe, but the Police didn't.

(rule 268): "Do not overtake on the left or move to a lane on your left to overtake".

This is quite clear in that you shouldn't be undertaking, unless in a situation like we previously discussed in which it's unavoidable (moving in slow traffic etc). That's it, really.

If we spin this right back around to the OP - yeah, I guess you can travel along the left between cars and the curb while filtering.
Is it safe? Not in the slightest.
Will you get in trouble if you do it? Depends on the police officer.
If something happens, will you get the blame? Yes.

I agree, you could be prosecuted for not following the Highway Code through other laws. I was simply making the point that the code itself is not actually law

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[Nerb]

In Aus (and I'd be surprised if its any different in the UK), there may be no specifics about filtering, but you just get fined for "dangerous riding". This offense is at the police discretion and you will struggle to discount it in court. That said, I filter past police all the time. It is generally accepted unless you are "riding dangerously". Riders generally know when they are being dangerous... whether they want to acknowledge it or not is another matter.

 

[iTrophyEyes]

In Aus (and I'd be surprised if its any different in the UK), there may be no specifics about filtering, but you just get fined for "dangerous riding". This offense is at the police discretion and you will struggle to discount it in court. That said, I filter past police all the time. It is generally accepted unless you are "riding dangerously". Riders generally know when they are being dangerous... whether they want to acknowledge it or not is another matter.

+1 that's exactly right man. Depends on how the copper is feeling too haha

 

[Friz]

In Aus (and I'd be surprised if its any different in the UK), there may be no specifics about filtering, but you just get fined for "dangerous riding". This offense is at the police discretion and you will struggle to discount it in court. That said, I filter past police all the time. It is generally accepted unless you are "riding dangerously". Riders generally know when they are being dangerous... whether they want to acknowledge it or not is another matter.

Filtering is legal here as long as it's done safely.

There's actually some loose guidelines on what is considered "safe", too.

These are as follows:
Filtering should only be done while traffic could be considered queueing. If it's travelling more than 20 miles per hour (as a general figure, could be more or less given various roads) it's not queueing.
Filtering should be done at no more than 20mph over the speed limit. Therefore, the max speed considered ok for filtering is 40mph (20mph above the max 20mph of the traffic).

Like I say - these are loose guidelines and don't apply to all roads.

 

[TheDiabeticBiker]

I had an argument with a colleague in work about us filtering. According to her, we deserve all we get if we get hit as it's unsafe and we should be more patient by waiting like everyone else. Not easy trying to talk to a cager about this.

You could quote that back at her next time she thinks about overtaking a slower vehicle when it means using the lane for oncoming traffic to do so.

(Most) lane markings are a guide to help keep road users segregated and moving. There are many valid reasons why you can temporarily ignore them if it is safe to do so (notwithstanding certain markings which indicate a specific prohibition, such as box junctions). Filtering is just one of them.

As always, ride safe.

Exactly. Then again she's a backstabbing bitch so she'll end up getting what she deserves at some point haha. Probably a biker punching her lights out.

Anyway back on topic, if we should be patient instead of filtering that means SHE should be patient and have to be stuck behind a tractor on the backroads or a cyclist on main roads. It isn't any different.

 

[NastyEvilNinja]

I grew up as a cager and have only just converted. I read the highway code, and the way i understood it even in cars undertaking is not illegal, its undertaking in an aggressive manor. so if a car in the center lane is traveling slowly you are allowed to travel faster in the left lane, just as long as you don't zip in front of them or buzz up the inside in excessive speeds. The only time i see this as necessarily is on a motorway where the roads fork off and if you pass on the left you may miss your junction.

All drivers of any vehicle has an obligation to be vigilant and safe.

Left indicator on and left on, cruise past them on the left shaking your head, stay in left lane with indicator on until you disappear into the distance or have to indicate right to overtake (as the lane hog should be doing).

It just might educate them.

As long as you have assessed the potenital for them moving back left and have an escape route, I think it would be extremely difficult for anyone to say you were doing that carelessly or dangerously.

There IS, however, an offence of obstructing the public highway - which middle lane drivers are undoubtedly guilt of.

 

[MedicDan]

There IS, however, an offence of obstructing the public highway - which middle lane drivers are undoubtedly guilt of.

Don't even get me started on these idiots :lol: