Road Amendment (Motor Bike Lane Filtering) Rules 2017

Road Amendment (Motor Bike Lane Filtering) Rules 2017

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following rules under section 31A of the Traffic Act 1925 .

19 December 2017

C. WARNER

Governor

By Her Excellency's Command,

M. T. (RENE) HIDDING

Minister for Infrastructure

1.   Short title

These rules may be cited as the Road Amendment (Motor Bike Lane Filtering) Rules 2017 .

2.   Commencement

These rules take effect on 29 January 2018.

3.   Principal Rules

In these rules, the Road Rules 2009 are referred to as the Principal Rules.

4.    Rule 44 substituted

Rule 44 of the Principal Rules is rescinded and the following rule is substituted:

44.   Division does not apply to entering or leaving a roundabout

This Division does not apply to –

(a) a driver entering, in or leaving a roundabout; or

(b) the rider of a motor bike who is lane filtering in accordance with rule 151A .

Note 1: Part 9 deals with giving change of direction signals when entering or leaving a roundabout.

Note 2: Lane filtering is defined in rule 151A .

Note 3: Rider is defined in rule 17 .

Note 4: Motor bike is defined in the dictionary.

5.    Rule 141 amended (No overtaking, &c., to the left of a vehicle)

Rule 141(1) of the Principal Rules is amended by omitting paragraph (c) and substituting the following paragraphs:

(c) the vehicle is stationary and it is safe to overtake to the left of the vehicle; or

(d) the driver is the rider of a motor bike and is lane filtering in accordance with rule 151A .

Penalty: Fine not exceeding 10 penalty units.

Note 1: Bicycle, centre of the road, marked lane, multi-lane road, overtake, right change of direction signal and U-turn are defined in the dictionary.

Note 2: Lane filtering is defined in rule 151A .

Note 3: Rider is defined in rule 17 .

Note 4: Motor bike is defined in the dictionary.

6.    Rule 146 amended (Driving within a single marked lane or line of traffic)

Rule 146 of the Principal Rules is amended as follows:

(a) by inserting the following paragraph after paragraph (e) in subrule (1) :

(ea) the rider of a motor bike and is lane filtering in accordance with rule 151A ; or

(b) by inserting the following notes after note 5 in subrule (1)(f) :

Note 6: Rider is defined in rule 17 .

Note 7: Motor bike is defined in the dictionary.

Note 8: Lane filtering is defined in rule 151A .

(c) by omitting from subrule (2)(f) "driver." and substituting "driver; or";

(d) by inserting the following paragraph after paragraph (f) in subrule (2) :

(g) the driver is the rider of a motor bike and is lane filtering in accordance with rule 151A .

7.    Rule 147 amended (Moving from one marked lane to another marked lane across a continuous line separating the lanes)

Rule 147(1) of the Principal Rules is amended by omitting paragraph (e) and substituting the following paragraphs:

(e) either of the marked lanes is a special purpose lane during specified times only and the driver –

(i) is moving to or from that lane outside of the times during which it is a special purpose lane; and

(ii) is permitted to drive in that lane outside of the times during which it is a special purpose lane under the Road Rules; or

(f) the driver is the rider of a motor bike and is lane filtering in accordance with rule 151A .

Penalty: Fine not exceeding 5 penalty units.

Note 1: Marked lane, multi-lane road, obstruction, special purpose lane and traffic control device are defined in the dictionary.

Note 2: An overhead lane control device may require a driver to leave a marked lane – see rule 152.

Note 3: Drivers of certain long vehicles are permitted to use 2 marked lanes when turning at an intersection – see rule 28 (left turns) and rule 32 (right turns).

Note 4: Rule 95 deals with driving in emergency stopping lanes, and Division 6 of this Part deals with driving in other special purpose lanes.

Note 5: Lane filtering is defined in rule 151A .

Note 6: Rider is defined in rule 17 .

Note 7: Motor bike is defined in the dictionary.

8.    Rule 151A inserted

After rule 151 of the Principal Rules , the following rule is inserted in Division 4:

151A.   Lane filtering on a motor bike

(1)  The rider of a motor bike is lane filtering along a length of road if the rider rides the motor bike between 2 vehicles, each of which is travelling in –

(a) the same direction as the motor bike; and

(b) separate or adjacent marked lanes or lines of traffic.

Note 1: Rider is defined in rule 17 .

Note 2: Motor bike and marked lane are defined in the dictionary.

(2)  The rider of a motor bike must not unlawfully lane filter along a length of road.

Penalty:   Fine not exceeding 5 penalty units.

(3)  For the purposes of subrule (2), it is unlawful for the rider of a motor bike to lane filter along a length of road if any of the following circumstances apply:

(a) the rider is edge filtering;

(b) the rider is riding at a speed of more than 30 km/h;

(c) the rider is riding in a school zone;

(d) a no-filtering sign applies to the length of road;

(e) the rider does not hold a full motor cycle licence;

(f) it is not safe to lane filter.

(4)  A no-filtering sign on a road applies to a length of road starting at the sign and ending at the nearer of the following:

(a) the next end no-filtering sign that is on the road;

(b) the end of the length of road.

(5)  For this rule, a rider of a motor bike is edge filtering along a length of road if –

(a) the rider changes direction towards the edge of the road to pass one or more vehicles on the road; or

(b) the rider changes direction towards the edge of the road to pass between 2 vehicles, one of which is stationary.

(6)  In this rule –

end no-filtering sign means a traffic sign –

(a) with a symbol displaying a motor bike positioned between two vehicles with a black diagonal line across the symbol; and

(b) with a symbol positioned below the symbol mentioned in paragraph (a) displaying the word ‘END’ in black letters;

full motor cycle licence means a motor cycle licence that has been issued as a full licence;

motor cycle licence has the same meaning as in the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 ;

no-filtering sign means –

(a) a traffic sign with a symbol displaying a motor bike positioned between two vehicles with a red diagonal line across the symbol; or

(b) a traffic sign displaying the words ‘no lane filtering’.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 December 2017

EXPLANATORY NOTE

(This note is not part of the rule)

These rules amend the Road Rules 2009 to allow the practice of lane filtering by motor bikes.