To Split or giveway

Motorised & Electric Scooters
FarSur81
Posts: 16
Joined: Sun Dec 22, 2019 10:55 am

To Split or giveway

Postby FarSur81 » Wed Sep 09, 2020 10:52 am

Hi,
I know lane splitting or lane filtering is legal, but whom has the right of way when a vehicle is indicating to change lanes?
I understand that you can only change lanes, when safe and the lane you are entering is clear of traffic, but if your in more congested (slow moving) traffic that a motorbike can legally filter through, and your attempting to change lanes, does the motorbike gives way or is the driver whom is indicating to change (and has done so first in this point) have to give way?
The laws don't indicate. It's reads if safe to do so.
Thanks

Hardy
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Location: Melbourne Victoria
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Re: To Split or giveway

Postby Hardy » Wed Sep 09, 2020 1:59 pm

The vehicle that is behind has to give way to the vehicle that is ahead.

FarSur81
Posts: 16
Joined: Sun Dec 22, 2019 10:55 am

Re: To Split or giveway

Postby FarSur81 » Wed Sep 09, 2020 2:45 pm

So the 'filtering' motorbike must giveway?

I hope road rage doesn't occur.
Thanks for the reply Hardy

Hardy
Site Admin
Posts: 8349
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: To Split or giveway

Postby Hardy » Thu Sep 10, 2020 11:29 am

Rule 151B allows lane filtering at speeds under 30kmh and only where it is safe to do so. So if cars are changing lanes into you then it is not safe to do so. You are supposed to lane filter when the traffic is stopped or crawling. The way I see it, if you hit another vehicle while lane filtering you automatically breach rule 141 - overtaking to the left of a vehicle. But if you are ahead and another vehicle hits you from the rear then you are OK.

When someone asks "who has right of way" or "who has to give way" they are often asking about civil liability for insurance excess purposes, not because they want to defend a criminal offence. I've only dealt with the criminal offence.


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