Lane Filtering on Motorcycles: Is it Legal?

Lane filtering on a motorcycle is when the rider moves slowly between two rows of stationary or slow-moving vehicles going in the same direction. If you ride a motorcycle, you’ve no doubt lane filtered at some time, and if you’re a driver or passenger you have most likely seen motorbikes lane filtering in heavy traffic. While lane filtering is legal, there are rules around it. Lane splitting, however, is definitely illegal and is done by riding a motorcycle between stationary or slow-moving traffic at more than 30km/h or more, which is unsafe.

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The Road Rules on Lane Filtering

For fully licenced motorcyclists in New South Wales, lane filtering is legal but only at low speeds of up to 30 km/h and only when and where it is safe to do so. There are instances where lane filtering is illegal. For example, you cannot lane filer on a motorcycle in the following circumstances:

  • between an adjacent kerb and traffic
  • between parked vehicles and traffic
  • in school zones and bicycle lanes
  • between lanes of traffic that are travelling in the opposite direction

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The History of the Lane Filtering Law

Filtering has been legal for around five years since the motorcycle community succeeded in a bid to have the government legalise it. Their legal argument was that:

  • It was safe
  • It had the potential to help ease traffic congestion
  • This was especially so with the number of motorcyclists on the roads
  • And that this number was increasing every year.

Even though it was still illegal, lane filtering had been a common practice on NSW roads particularly where traffic congestion was a problem. A filtering trial was held in 2013 by Transport for NSW (TfNSW) to identify the potential risks or benefits to road safety and traffic flow.  (TfNSW) then analysed the findings and in close consultation with the NSW Police Force considered appropriate policy responses. Lane filtering is not legal for cyclists.

If lane filtering is practiced in a dangerous or negligent way police can charge motorcycle riders with negligent, furious or reckless driving. If a rider damages another vehicle when lane filtering this could be a breach of other laws including:

  • Failure to stop at the scene after a crash (Rule 287)
  • Failure to have proper control of a vehicle (Rule 297)
  • And if the damage is done recklessly or intentionally then the rider could face property damage offences under the Crimes Act 1900.

If you or a loved one have been injured in a motorcycle accident you may be able to claim compensation. At PK Simpson, our team of claim experts can guide you through the process to help you get back on your feet. contact PK Simpson on 1300 757 467 or book an appointment to come and see us to have a chat.

References:

  1. https://roadsafety.transport.nsw.gov.au/stayingsafe/motorcyclists/lanefiltering/faqs.html#faq2

Frequently Asked Questions

When lodging a claim for compensation after a motorcycle accident, it’s best to do it as soon as possible. However, it isn’t always feasible if you were severely injured and couldn’t file a claim straight away. There are time limits, however, so get someone to call a lawyer at PK Simpson for you to lodge a claim at least within six months of the crash.

The length of time you have to make your claim depends on the jurisdiction.

For instance:

  • TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical, and you may have more than one TPD claim.
  • Motorcycle accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out-of-time claims may be made. New NSW CTP laws have made it difficult for injured people, and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
  • Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out-of-time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
  • Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
  • Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.

Motorcycle accident compensation claims are normally finalised after you’ve recovered or your injuries have stabilised. It can take some people longer to recover than others – from days to years – which determines the length of time it can take to finalise a claim. Also, your injuries may not always appear immediately after the accident and can take some time to appear, in some cases, years.

At PK Simpson, our legal service has the best motorcycle accident lawyers who deal with all kinds of motorbike accident claim payouts and compensation, and we operate on a no-win, no-fee basis. Motorcycle compensation can be tricky, so you need professional help to make a claim. Be aware, though, that you need detailed information on the legal costs that can be charged for statutory benefits CTP Insurance motorbike accident claims in NSW, so click on this link.

Notify the police as soon as possible but within 28 days. You will need to complete a Motor Accident Act Personal Injury Claim Form or get help from PK Simpson motorbike accident lawyers to do so.

You will need to consult a doctor or hospital and get a medical certificate. Gather the certificate and all the receipts and accounts you accrued for your medical treatment and any out-of-pocket expenses. This documentation, plus the police report, is sent to the CTP insurer of the motor vehicle you believe is at fault. You will receive a CTP reference number, and a decision will be made to ascertain who was liable.

If liability is accepted, the insurer is obliged to pay for the following:

  • Reasonable or necessary hospital, medical, rehabilitation, pharmaceutical, respite care and attendant care expenses;
  • Reasonable and necessary travel and accommodation expenses associated with any treatment or rehabilitation provided.

If the CTP insurer denies liability, you should contact your motorbike accident claims solicitors at PK Simpson immediately. To be sure, it’s best to see a lawyer to handle your claim.

Being involved in a motorbike accident can be a stressful experience, so here’s what to do.

  • If it’s a minor incident, there’s probably no need to call the police, but move the damaged bike or car involved if possible. Never admit responsibility, even if you think you were at fault.
  • If it’s more significant, ensure everyone involved is safe and you are away from traffic. Turn on hazard lights. If needed, call 000 for police and ambulance help if there’s major damage, you or someone else is injured, or debris has blocked the road, or if the other party has not provided their details.

Whether it’s a minor or major motorbike accident, record the following details:

  • The date, location and time of the accident.
  • The registration number and insurance details of any drivers involved; their full name, address, and contact phone numbers.
  • The name, address and phone numbers of any witnesses to the accident.

Make an insurance claim online as soon as you can. Your insurance provider should be able to help to arrange the removal of your motorcycle if necessary.

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