5 years jail: Aussie road rule no one knows
A little known road rule is gaining prominence and if you’re not across what’s legal and what’s not it could put you in the slammer for a long time.
It’s one of the perks of being on two wheels.
Slipping between cars at a standstill and easing past slow-moving traffic to get ahead is one of many reasons why people ride motorcycles.
The technique is called lane filtering, and while it has proven to ease congestion, it’s one of the most misunderstood manoeuvres on our roads.
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In Australia, lane filtering is legal, but there are specific rules that still need to be followed.
Principal Criminal Lawyer at Astor Legal, Avinash Singh, clarifies that lane filtering by motorcyclists in Australia is allowed under Regulation 151A of the Road Rules 2014.
“The rider must be between two separate but adjacent lanes travelling in the same direction as traffic. Further, the rider must be travelling at a speed of less than 30 km/hr, and it must be safe to lane filter,” he said.
“The maximum penalty for illegal lane filtering is $2200.”
There is also a crucial distinction between lane filtering and lane splitting.
Lane filtering is when a rider safely travels between two vehicles at speeds of 30 km/h or less. Lane splitting, on the other hand, is when a rider pushes between two cars at speeds that exceed the 30km/h limit; this is illegal everywhere in the country.
However, problems arise when the manoeuvre isn’t carried out safely.
MIRRORS CLIPPED
Drivers often complain about the risks of having their mirrors clipped as riders squeeze through gaps.
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Singh says motorcyclists who accidentally sideswipe another car can face serious consequences.
“If a motorcyclist sideswipes another vehicle while lane filtering, they can be charged with an offence of malicious damage pursuant to section 195 of the Crimes Act 1900,” he said.
“This offence carries a maximum penalty of 5 years imprisonment.
“Generally, the court will also order the rider to pay compensation for the damage they have caused as well.”
Why is lane filtering legal?
Authorities defend lane filtering on the grounds that it eases congestion and positions riders in a safer environment.
There’s evidence that suggests the risk of death or serious injury is reduced when motorcyclist moving between two lanes of stationary or slow-moving traffic.
In a 2012 study that ultimately led to the legalisation of lane filtering in New South Wales, the NSW government found that lane filtering was a relatively low-risk manoeuvre, with zero crashes recorded over the eight-week trial.
Almost half of the respondents surveyed reported that lane filtering made them feel safer, providing them with greater control in high-risk traffic situations.
Here are the specific laws for each state and territory.
New South Wales
In New South Wales, lane filtering is not allowed when riding next to the kerb, parked vehicles or in school zones. It’s also against the law for learner or provisional licence holders to lane filter.
According to the NSW government website, “If you don’t lane filter safely, you can be charged with negligent, furious or reckless driving.”
“Motorcyclists caught moving between traffic at over 30km/h face heavy fines and three demerit points.”
Victoria
According to the Victorian government, lane filtering is not permitted for learner licence holders and if it’s considered unsafe. Riders who are allowed to lane filter must maintain a speed of no more than 30 km/h. Additionally, motorcyclists are also prohibited from lane filtering around heavy vehicles and buses and must remain mindful of pedestrians and cyclists.
Queensland
In Queensland, lane filtering is legal at speeds of up to 30 km/h or less, and is only permitted for fully licensed holders. Riders are not allowed to lane filter during school zone hours, when there’s a sign specifying ‘no filtering’, when riding between traffic flow in the opposite direction, or when it’s not safe to do so.
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Western Australia
In Western Australia, lane filtering is legal at speeds of up to 30 km/h or less. The state government only specifies that riders on a learner’s licence can’t lane filter. Riders are not allowed to lane filter when approaching a pedestrian crossing; when in a school zone; where the applicable speed limit is 40 km/h or below; when the rider is between one or more heavy vehicles; when the cars being passed are merging; in areas where overtaking is not allowed; within a roundabout; when riding in or next to a bicycle lane, bus lane, or other special purpose lane; when riding next to the kerb, edge of the road, or alongside parked cars; or when it is unsafe to lane filter given the circumstances.
According to the Western Australian government, “a penalty of $100 and 2 demerit points apply to riders who do not follow lane filtering rules.”
South Australia
In South Australia, lane filtering is legal at speeds up to 30 km/h for fully licensed riders only. Riders are not allowed to lane filter during school-zone hours and when a sign stating ‘no filtering’ is present. Additionally, riders can’t filter between traffic flowing in the opposite direction, and when it’s not safe to do so.
“The penalty for unlawful lane filtering is an expiation fee and three demerit points,” the South Australian government website states.
“Police can also charge riders with road traffic offences if they lane filter in a dangerous manner.”
Tasmania
Tasmania’s government clarifies lane filtering is legal at speeds of up to 30 km/h but only for fully licensed riders. Filtering is not allowed if the rider is next to the kerb, riding next to parked vehicles, in school zones, if a ‘No filtering’ sign is present, when traffic flows in the opposite direction, or when it is not considered safe to do so.
Australian Capital Territory
Lane filtering is legal at speeds of 30 km/h or less for fully licensed riders. Similarly, filtering is not allowed when the rider is next to the kerb, next to parked vehicles, in school zones, and when traffic is flowing in the opposite direction. Riders should lane filter when it is considered safe to do so.
Northern Territory
Similarly to the Australian Capital Territory, in the Northern Territory, lane filtering is legal at speeds of 30km/h or less for riders with a full motorcycle licence. It’s illegal for riders to lane filter when next to the kerb, next to parked vehicles, in school zones, and when traffic is flowing in the opposite direction. Riders should lane filter when it’s not considered safe to do so.
According to the NT government, “police can charge riders with a number of existing road traffic offences if lane filtering is done in a negligent or dangerous manner.”
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