Queensland introduces lane filtering laws

[gaz]

As per usual - awesome post Shiney!           

Thanks mate

 

[Shiney]

They have also announced that helmets used in Queensland can be approved under any of the Aust/NZ, European, Japanese or USA standards.  So, how does a Queensland rider get on when they travel south if their helmet doesn't have the Aust/NZ standard sticker on it but is approved under one of the overseas standards?

I think this is about time - nation wide. So, what are the ramifications of buying an EU-only certified helmet in QLD and using it another state? Breaking the law there I expect.

Correct :cry

Sent from my SM-N9005 using Tapatalk

[Gadget]

Yes Steve there is a warning on the DMR website that the helmet would not be legal interstate.

Mind you in all my years of riding I've never been asked to check the legality of my helmet. I think you would have to already in deep poop to have them check your helmet.

[Gadget]

Yesterday morning, while making my way to work, with cruise control on and set as close to 30 km/h as I could get and in the left hand safety lane as far to the left as practical to be safe, I was pulled over by 2 on FJRS set up to target bikes only with a LIDAR each.  Knowing my speedo reads under speed I thought I was safe. :|||
35km/h at 306.2 metres range cost me $341 and 3 points.

I may as well have been doing 90km/h. Penalty would have been the same.

Colleague at work said he was pulled over at 40 km/h and got a warning. :|||

Back to the middle for me, doing the slalom I think.

[Diesel]

35km/h at 306.2 metres range cost me $341 and 3 points.

Oh crap Gadget!
Why such a harsh penalty for 5km/h over...   
And how did you set your CC to 30km/h? - many won't operate/activate under 40.     

[Biggles]

left hand safety lane as far to the left as practical to be safe, I was pulled over by 2 on FJRS set up to target bikes only with a LIDAR each.  Knowing my speedo reads under speed I thought I was safe. :|||
35km/h at 306.2 metres range cost me $341 and 3 points.

I may as well have been doing 90km/h. Penalty would have been the same.

Back to the middle for me, doing the slalom I think.

Ludicrous.  And I suppose they think that's improving safety!  They probably came up with the "Every K over is a killer" slogan painted on the radar vans.

It's definitely a discriminatory penalty, as the penalty for less than 13 kph over the limit is $151 and 1 point!

Your's is the same penalty as for talking on your phone while driving!!!

All the more appalling because it was so targetted.  How many phone users did they choose to ignore so they could nail a motorcyclist?

[Brock]

To maintain under 30Ks and maintain stability while looking at the speedo is very difficult (and dangerous). Perhaps you can challenge on the severity of the fine and points.

[Biggles]

Here's the relevant section- it's an easy catch-all for the Police:

Driver of a motorcycle lane filtering improperly   Queensland Road Rules—Section 151A(2)   3   $341
Driver of a motorcycle riding on road shoudler (sic) or emergency stopping lane improperly   Queensland Road Rules—Section 151B(2)   3   $341
Failing to wear a helmet when driving a motorcycle   Queensland Road Rules—Section 270(1)(a)   3   $341

So another m/clist rides down the road without a helmet on and that's regarded as bad as this particular interpretation of
"Driver of a motorcycle riding on road shoudler (sic) or emergency stopping lane improperly"       

[Gadget]

Diesel,
I set the cruise at 40 and the press the resume button until it drops back to about 32. When I got caught I was in the process of doing that.

Using GPS as a speedo, O checked my speedo. At 60 on the GPS my speedo indicates 66. At 80 it indicates 86 at 90 its is 97 at 100 its 107 and at 110 it is 117/118.

I think they have a new toy so they have to play with it.

Mind you, on the Pine Rivers bridge, a rider was going down the middle at about 50 to 60 wering shorys and runners, so they will have to Police it. I was just frustrated because I was trying to do the right thing and not wilfully speeding.

I thought for the first month they would give warnings.

Brock you are right, once I've set cruise control, I can concentrate on what the traffic are doing.

[Shiney]

Wow I didn't think they would be as harsh as booking people 5 kph over

But thanks for the warning, I will make extra sure to stay on or below the 30 kph

[Old Steve]

Finally took Norma Jean in her new smooth tuned state for a ride Saturday morning.  Went out of my way to go up and down Nebo Road in order to lane filter just because it's now legal.  Queues were only half a dozen cars long, but with the ST I found I wanted to slow down well below 30 km/hr.

But to pop out at the front of the queue and pull away first is a great feeling.

Even better was the idiot in a loud Maloo ute at the front of the RH lane who revved up and wanted to drag me off.  I got a good take off and left him well behind, had to stop at the front of the LH queue at the next lights and he came up beside me so I couldn't help lifting up my helmet front, looking over at him, pointing at him and laughing.

[Biggles]

Even better was the idiot in a loud Maloo ute at the front of the RH lane who revved up and wanted to drag me off.  I got a good take off and left him well behind, had to stop at the front of the LH queue at the next lights and he came up beside me so I couldn't help lifting up my helmet front, looking over at him, pointing at him and laughing.

Will you never grow up?   

As noted by Diesel, too many people are being silly with the new freedom.  They're the enemy of all of us who want the laws to work.  They will annoy the cage-dwellers and there will be a severe backlash.  Then the gummint will point to the latest m/c death (a double last weekend when a 75 yo driver pulled out of a driveway in front of a m/c with pillion) and ban filtering.
Missus Biggles says she sees a lot of aggressive filtering on her 10 minute commute every day.

[Old Steve]

You know for sure she sees lane filtering and not lane splitting?  The QLD regulations draws a a distinction between them and points out that lane splitting is still illegal.  It is hard to be aggressive at a speed below 30 km/hr.

[Biggles]

You know for sure she sees lane filtering and not lane splitting?  The QLD regulations draws a a distinction between them and points out that lane splitting is still illegal.  It is hard to be aggressive at a speed below 30 km/hr.

You're quite possibly right.
The problem is, I suggest, the splitters are using the new law to justify their technique.  Maybe some are in ignorance of the details of the law and thought it just gave motorclists an open go.  Hopefully they can be reined in before very long.  We've only had the law a month.  It would be a pity if it was dumped at the end of the trial period because of this kind of abuse.

Interestingly, the offences cited about are mighty wide in their interpretation.  The lawyers didn't make any attempt to refine the offences- just "doing it wrong"!  Unlike the minutiae surrounding P plate offences etc.

[tj189]

trial period???

[Biggles]

trial period???

You might be right- I'm probably confusing it with the fact NSW conducted a limited trial in the Sydney CBD.

The way this reads there is no review date set.

http://www.tmr.qld.gov.au/Safety/Queensland-road-rules/Motorcycle-road-rules.aspx

The penalties paragraph is a classic:

"New offences for lane filtering or riding on a shoulder incorrectly (for example, filtering at over 30km/hr or in a school zone during school zone hours) have been introduced, with an on-the-spot fine of $341 and 3 demerit points. There is a maximum penalty of $2,277 if the matter goes before a court."

The fact is, there is just one penalty for any type of breach of the laws, no matter how trivial.
And if you'd like to take the matter up with a Court, they might just escalate it to $2277.

You might wonder who thought up the bizarre figures.  There were logical at one stage ($100, $150) then a while ago some bureaucrat decided to up the ante by 33% overall. 

[Gadget]

I'm guessing the Government at the time hoped to buy votes with it knowing we wouldn't feel the penalties until after the election.

I was very aware of the fine and points which applied, hence my attempt to do "the right thing".

Universal application would be nice. A colleague gets caught 10 over and got a warning. :|||

As I said to the at the time, they are only doing their job. They did suggest that I talk to my local MP about the non graduated penalty. Normally I wouldn't bother, but this one I will.

Oh well, chalk it up to experience.

[saaz]

If state legislation is anything like federal legislation, penalties are expressed in penalty units that are automatically adjusted for CPI. Sometimes there might be a discreet jump in the common penalty unit or a readjustment of penalties for particular offences relative to others.

trial period???

You might be right- I'm probably confusing it with the fact NSW conducted a limited trial in the Sydney CBD.

The way this reads there is no review date set.

http://www.tmr.qld.gov.au/Safety/Queensland-road-rules/Motorcycle-road-rules.aspx

The penalties paragraph is a classic:

"New offences for lane filtering or riding on a shoulder incorrectly (for example, filtering at over 30km/hr or in a school zone during school zone hours) have been introduced, with an on-the-spot fine of $341 and 3 demerit points. There is a maximum penalty of $2,277 if the matter goes before a court."

The fact is, there is just one penalty for any type of breach of the laws, no matter how trivial.
And if you'd like to take the matter up with a Court, they might just escalate it to $2277.

You might wonder who thought up the bizarre figures.  There were logical at one stage ($100, $150) then a while ago some bureaucrat decided to up the ante by 33% overall. 

[Totgas]

At eight mile plains this afternoon the Police had pulled over every single bike as was in the process of booking them (except me). I am very adapt at riding at the allotted speed. I was tempted to ask what offence they had all committed and if it was related to crossing a marked traffic island which transversed the breakdown lane, however I decided not to push my luck.

In another incident during the week, my work colleague observed a bike at great speed chasing an ambulance along the breakdown lane only to be pulled over and placed in handcuffs by a FJR officer. I think that means more than the $341 fine...
A.

[Biggles]

At eight mile plains this afternoon the Police had pulled over every single bike as was in the process of booking them (except me). I am very adapt at riding at the allotted speed. I was tempted to ask what offence they had all committed and if it was related to crossing a marked traffic island which transversed the breakdown lane, however I decided not to push my luck.

In another incident during the week, my work colleague observed a bike at great speed chasing an ambulance along the breakdown lane only to be pulled over and placed in handcuffs by a FJR officer. I think that means more than the $341 fine...
A.

From those few events it appears the Constabulary are putting a heavy focus on the Gateway Arterial and M3/M1 to ensure no rider gets away with anything.  Might be regarded as an "educational programme"   

The ambulance chaser was a born chancer.  Could be a real licence buster!  The copper might have taken a reading on the ambulance out of interest then found the bike in his sights and couldn't believe his luck!   

I know it wouldn't happen, but imagine the FJR with the two of them on board headed to the lockup.   

yeah, yeah... single seat... don't spoil it!

[Diesel]

So we agree, that the law regarding "not filtering correctly" ($341/3pts) at least in Gadget's case was used over the "exceed speed limit by not more that 10km/h" ($140/1pt) infringement.     

[Biggles]

So we agree, that the law regarding "not filtering correctly" ($341/3pts) at least in Gadget's case was used over the "exceed speed limit by not more that 10km/h" ($140/1pt) infringement.     

BUT, he was in the filtering lane, so that over-rides the speeding sin.  He was 55 kph under the posted speed limit.
And it's $151.  Don't forget the tip!

[alans1100]

Just curious as to what the safety lane is. We have a breakdown lane on the few freeways we have and is it the same? No one over here can drive/ride in that lane.

Is the road shoulder (non-freeway) and safety lane (on a freeway) seen as two different things in regards to filtering?

[Gadget]

Alan,
In Qld the breakdown lane on a motorway is called the safety lane.
The road shoulder as far as I understand it can be the safety lane on freeways and the side of the road beyond the "fog line" as the truckers call it on highways and the edge of the bitumen/grass edge on country roads.

[Biggles]

From the current Australian Motorcyclist:

"We have word from an insider in the Government that all States and Territories will shortly introduce lane filtering legislation.  The written legislation covering lane filtering will then be repealed Australia wide, so in fact there will be no specific legislation, but motorcycle riders will still be able to lane filter and not get issued any infringements by Police."

Strike a light!  What does that mean??  Surely there will be a list of limitations and penalties.