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Seems the season to be pulled over!

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Chriss
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PostPosted: 00:00 - 14 Mar 2007    Post subject: Seems the season to be pulled over! Reply with quote

Will skip the majority of details, not saying I'm right or wrong, but a wide road, with double white lines down the centre, I overtook a car doing 40 in NSL, and I don't think I went over 60. I defiantly did not pass the white lines, but Mr Plod decided to pull me over. Showed me the tape, he says it's an offence to over take on double white lines, but tape shows I clearly didn't cross the lines, where as I thought it was just an offence to cross/straddle the white lines. He took all my details, not sure if it's being taken further.

Who's right? Highway code seems to suggest me due to the fact I didn't cross the lines.
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Sephiroth
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PostPosted: 00:01 - 14 Mar 2007    Post subject: Reply with quote

I believe whether or not you crossed it, it is illegal to overtake (that's why they're there!).

Don't quote me on that.
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Rookie
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PostPosted: 00:02 - 14 Mar 2007    Post subject: Reply with quote

I'm sure the rule is you're not allowed to cross the solid line. The overtaking itself is a moot point. See what happens!
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Kickstart
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PostPosted: 00:02 - 14 Mar 2007    Post subject: Reply with quote

Hi

The offence is crossing the solid white lines. You didn't cross them therefore no offence was commited.

All the best

Keith
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moonym20
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PostPosted: 00:08 - 14 Mar 2007    Post subject: Reply with quote

They can be buggers Confused

I think your going into a a grey area. i shall be interested by the outcome, although i also seem to recall the rules state that it was an offence to cross or straddle double white lines Thinking
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Sharpy
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PostPosted: 00:14 - 14 Mar 2007    Post subject: Reply with quote

From the highway code,

Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10mph or less.

This suggests you do actually have to cross the lines, if anything does come of it you could always argue the toss.... its a great big grey area though!!! Confused
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map
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PostPosted: 00:33 - 14 Mar 2007    Post subject: Reply with quote

Highway code has this:
Highway Code wrote:
108: Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10mph or less.
Laws RTA sect 36 & TSRGD regs 10 & 26

However, Highway Code isn't the law. You need to check the RTA and TSRGD references.

I believe the important point is not cross or straddle. So while your wheel(s) may not have crossed the line part of a bike may overhang over the line (straddle it). So any bike may be suspect if the wheel(s) are alongside the line, part of the bike maybe over it. Anything with panniers and/or fairing could be suspect by a jobsworth copper.

If anything comes of it I suggest you get legal advice. If going to court you should get the video evidence 1 or 2 weeks before. Then, depending on what you see, legal advice and any 'experts' you can decide.

HTH Thumbs Up
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Johnny GSX-R
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PostPosted: 00:45 - 14 Mar 2007    Post subject: Reply with quote

Your in the clear with this. The offence is "Crossing or Straddling the Solid white line"

There's a wide part of the A6 heading for Matlock where I overtook a police Panda last summer, he wasn't happy but went away eating humble pie when i pointed out HIS error.

Yes i momentarily exceeded the 50mph limit but it could not be proven, YES i overtook where double solid lines were in place but NO i didn't cross them or touch them..... NO OFFENCE proven.

God luck Thumbs Up
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plugger147
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PostPosted: 00:50 - 14 Mar 2007    Post subject: Reply with quote

I think this has come up before somewhere and the outcome was if the rider had not straddled the lines then it was perfectly legal to filter, like the restriction laws I think that many officers do not understand and can't be bothered to find out what is legal for bike's unless they have an interest in riding bikes themselves.

Jonnygsxr will no doubt be able to clear it up for you but until you see a vid then it's all speculation.

Edit: dammit he posted before I finished typing. Very Happy
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doggone
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PostPosted: 01:04 - 14 Mar 2007    Post subject: Reply with quote

Have been told from the horses mouth (police) that it is not illegal to overtake if you don't cross the solid white line.
There's a caveat of sorts in that you should be aware the driver you pass would be unlikely to expect anyone overtaking at that point - extra caution required.
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steveh
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PostPosted: 02:40 - 14 Mar 2007    Post subject: Reply with quote

i think youl be fine, a good solicitor will be more than willing to argue it, but it probably wont come to that.

it anoys me how in different areas coppers are so different, i over took a police car at about 70 in a 60 zone, empty road, not caining it, riding very responsably, the copper gave me a nod on the way past and off i went, i also had a blacked out visor on/down.

some of them are so strict and unreasonable.

hope it comes out okay, i suspect it will.


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SoND
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PostPosted: 03:29 - 14 Mar 2007    Post subject: Reply with quote

Does overtaking like this count as being illegal?
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alone
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PostPosted: 04:01 - 14 Mar 2007    Post subject: Reply with quote

I've done it myself. Overtook a copper that was doing 40 in a 60, with double whites. As I crawled past (obviously without crossing the lines) I glanced over at the copper driving, to see if he'd reach for the button, but he just waved and his side-kick laughed...
Some personal joke, obviously...

I think bikes get the best and worst of it. We're so easy to pick on if they're having a bad day, yet get away with so much the rest of the time.
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iooi
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PostPosted: 07:35 - 14 Mar 2007    Post subject: Reply with quote

SoND wrote:
Does overtaking like this count as being illegal?


I would say no, but add that if one of the other cars had to swerve you could possibly be done for due care.
Its all down to personal judgement on the size of the gap and if a police office thought you were putting other lives at risk.
Wide road should be no issue, narrow country lane a diffrent matter.
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Pete.
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PostPosted: 07:55 - 14 Mar 2007    Post subject: Reply with quote

map wrote:

I believe the important point is not cross or straddle. So while your wheel(s) may not have crossed the line part of a bike may overhang over the line (straddle it).


Over-hanging isn't straddling. Straddling means "one wheel either side" which of course is a bit difficult on a bike since if you get into that situation any any kind of speed you'll have crossed it in the next instant anyway.

I'm surprised if it was a traffic cop TBH since they usually know the traffic law inside-out and would have known that you hadn't committed an offence. If it were a local plod then yeah anything's possible - I once got asked by a copper in a (non-traffic) unit if my trailer had been calibrated to be towed behind my van Very Happy
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Wafer_Thin_Ham
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PostPosted: 11:01 - 14 Mar 2007    Post subject: Reply with quote

SoND wrote:
Does overtaking like this count as being illegal?


Not technically but do it in front of a copper and he'll probably pull you for dangerous driving or similar.
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sickpup
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PostPosted: 11:32 - 14 Mar 2007    Post subject: Reply with quote

Big_Ham wrote:


Not technically but do it in front of a copper and he'll probably pull you for dangerous driving or similar.


Oh now I really want this one explained. Laughing
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st3v3
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PostPosted: 11:33 - 14 Mar 2007    Post subject: Reply with quote

Quote:
However, Highway Code isn't the law


AFAIK, it is when it clearly staes 'MUST NOT' Thumbs Up
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t121anf
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PostPosted: 11:42 - 14 Mar 2007    Post subject: Reply with quote

doggone wrote:
Have been told from the horses mouth (police) that it is not illegal to overtake if you don't cross the solid white line.
There's a caveat of sorts in that you should be aware the driver you pass would be unlikely to expect anyone overtaking at that point - extra caution required.


exactly what i was told, by Cleveland Police on a BikeWise day.
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Blackwolf
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PostPosted: 12:38 - 14 Mar 2007    Post subject: Reply with quote

I think we will all find out soon enough Laughing , altho i am curious on what what side if the law it is of that makes sence lol

Edit: Typo
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Johnny GSX-R
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PostPosted: 12:50 - 14 Mar 2007    Post subject: Reply with quote

Big_Ham wrote:
SoND wrote:
Does overtaking like this count as being illegal?


Not technically but do it in front of a copper and he'll probably pull you for dangerous driving or similar.


Naaa very much doubt there would be any action taken.
At the very outset he would get some verbal dioreah from the cop, if its safe to pass then pass.
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Wafer_Thin_Ham
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PostPosted: 12:53 - 14 Mar 2007    Post subject: Reply with quote

sickpup wrote:
Big_Ham wrote:


Not technically but do it in front of a copper and he'll probably pull you for dangerous driving or similar.


Oh now I really want this one explained. Laughing


IMO is just asking for a pull, i guess it depends how much room their is....
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sickpup
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PostPosted: 12:58 - 14 Mar 2007    Post subject: Reply with quote

Big_Ham wrote:


IMO is just asking for a pull, i guess it depends how much room their is....


So a completely legal manouver will get you done ?

Been riding long have you? Rolling Eyes


Last edited by sickpup on 19:14 - 15 Mar 2007; edited 1 time in total
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Wafer_Thin_Ham
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PostPosted: 13:15 - 14 Mar 2007    Post subject: Reply with quote

Shrug, just my opinion mate, no need to get all huffy.
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st3v3
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PostPosted: 14:48 - 14 Mar 2007    Post subject: Reply with quote

Now, now Laughing

There is nothing to say any knid of filtering is illegal, except filtering while at zig-zag lines and at certain junction you can only go as far as the car that is second in line.
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