Filtering through traffic!

[malb]

Most bikers do it, but I want to know is is it legal. I'm under the impression that it isn't. I'm talking about riding up the centre of a dual carriageway etc. when there is traffic stopped on both sides.
____________________
<-- I'm taller than Charley Boorman look

[T.C]

It is perfectly legal under certain circumstances, read the following which is part of a piece I did for someone, and hopefully it will answer your question!

One of the main benefits of riding a motorcycle is the fact that unlike our 4 wheeled counterparts, when we come upon lines of stationary traffic, we can still make progress and filter through towards the front of the queue. Filtering has been the cause of many a debate over the years with many arguing about the legitimacy of such an action. So what is the position on filtering?

Well for those of you who are unsure, let me ask you a question! What is filtering? In simple terms it is an overtaking manoeuvre, and in most cases it is perfectly legal provided:

1 You don’t cross over or straddle a solid centre white line system.
2 You don’t overtake after a “No Overtaking” sign.
3 You do not overtake the lead vehicle within the confines of the zigzags of a pedestrian/pelican crossing as it may have stopped to allow pedestrians to cross.
4 No danger is caused to other road users and no vehicle is caused to alter course or speed.

So in short, filtering is perfectly legal providing those 4 conditions are complied with, however when it comes to accidents, civil liability can paint a somewhat different picture.

When a motorcyclist is involved in a filtering accident, most insurance companies will try and use the case law of Powell v Moody which dates back to 1966 to mitigate their losses. In that case a motorcyclist was overtaking a line of stationary traffic and was found to be 80% to blame when he hit a car which was “inching out” into the carriageway after a milk tanker signalled to him to pull out. The court felt that the motorcyclist was undertaking an “operation” which is fraught with great hazard and which needed to be carried out with great care.

In the case of Clarke v Whinchurch in 1969, an overtaking motorcyclist (Moped) in similar circumstances was found to be 100% to blame. The judge ruled that he (the motorcyclist) should have realised something was happening up ahead when a bus in a line of slow moving traffic stopped to let a vehicle out from a side road on his left. The car came out quite slowly in front of the bus and was hit by the moped. (f you are ever involved in a filtering accident, you probably won’t want to quote this case to the other side).

In more recent cases (Leeson v Bevis Transport 1972) the motorcycle and emerging vehicle were found equally responsible. The court said that the motorcyclist did nothing wrong in overtaking the line of stationary vehicles, but needed to keep an effective lookout, whilst the van driver should have been aware of the possibility of vehicles overtaking in this way.

The most recent case of this kind was in 1980 in the case of Worsford v Howe. In this instance the motorcyclist was in a separate lane intended for vehicles turning right, when he was hit by a car which was intending to cross both lanes of traffic and turn right. The court found once again that both rider and driver were equally to blame and settled 50/50.

In filtering cases, the court will when deciding who is to blame will look at:

1 The speed and position of the motorcycle in the road.
2 Whether the stream of traffic was stationary or moving.
3 How fast the other vehicle emerged from the side road or from the line of traffic.

Filtering is an accepted and legitimate practice, and unless there is a case of dangerous or careless driving to answer, or one of the 4 conditions mentioned previously have been breached, then it is very rare that a Police prosecution will follow, but in terms of a civil action, then this is where the real headache can begin.

As it stands at the moment, although some of the most recent cases have found both parties equally responsible, and in some cases they courts have found 100% in favour of the motorcyclist, you have to bear in mind that you could still end up bearing 80% or even 100% of the blame, simply because as the case law stands at the moment, you will probably not recover your damages infull.
____________________
It is better to arrive 30 seconds late in this world, than 30 years early in the next

[T.C]

And this piece deals with filteringn on Motorways and Dual Carriageways


When on the bike, I try and avoid using Motorways wherever possible but there are occasions when this is unavoidable. Statistically they are among some of the safest roads in the UK, but unfortunately they are also the only roads where learners cannot receive formal training unless you happen to be driving an HGV. As a result, many incidents that do occur on our Motorways are not only due to a lack of education and knowledge, but also the overall higher speeds, which often result in incidents, occurring with more serious consequences.

A Motorway is in most cases a three lane carriageway, which usually has a maximum permitted speed limit of 70 miles per hour (it can be lower of course). The left hand lane normally referred to as lane 1 is the driving lane and the middle and outside lanes referred to as lanes 2 and 3 are nothing more than overtaking lanes. Any vehicle that uses the Motorway must be capable of attaining a minimum speed of 25 miles per hour, otherwise certain restrictions apply.

The biggest advantage a motorcycle has over a car when on a Motorway is the fact that when faced with congestion or stationary traffic, we don’t have to join the end of the queue and just sit there like our four wheeled counterparts. We can due to our lack of width filter, whether it is between vehicles or using a different lane. However, over the years there have been many debates as to what is and is not legal.

Filtering is simply another word for overtaking, but many riders are confused over the legality of this manoeuvre, either because they have been told by friends that it is illegal, or because it perhaps entails carrying out a nearside overtake, (passing on the left) which is considered by many to be also illegal.

There is nothing in law, which prevents us from overtaking provided,

1. Solid central white lines are not straddled or crossed over.
2. It is not after a “no overtaking” sign.
3. Within the confines of the zigzags of a pedestrian/pelican crossing the lead vehicle which may have stopped to allow pedestrians to cross is not overtaken.
4. No danger is caused, and no vehicles are made to alter course or speed.

In respect of a Motorway, the only issue that becomes relative in practice is the danger issue.

In practical terms the Police have no problem with riders filtering either. However many Policemen consider a maximum speed of no more than 10 – 15 mph above the speed of the slowest moving vehicle as acceptable. Beyond this speed they would seriously consider reporting you for driving without due care and attention.

In respect of filtering down the nearside or undertaking, how many times have you been faced with stationary traffic in lanes 2 and 3, and yet lane 1 is empty? How many times have you been confronted by a car sitting in lane 2 doing 50mph with no other traffic in lane 1, but lane 3 is heaving? Have you considered going past on the nearside?

Although it goes against what is said in the Highway Code, it is in fact not illegal in itself to undertake again providing no danger is caused to other road users, and drivers are not caused to alter course or speed.

However, although the absolute offence of nearside overtake was removed from the statute books many years ago, the possibility of being reported for careless driving, or in the worst cases dangerous driving still apply.

If you filter or undertake, it is for the Police to prove that your standard of riding fell below what would be considered acceptable. And in this modern day and age, many Police cars and bikes carry video cameras. So, if you weave from lane to lane, suddenly cut across the front of overtaken vehicles, ride too aggressively between vehicles, then there is a fair chance that not only will you be able to see yourself on film, but you could end up looking at a Court appearance as well.

If as a result of you undertaking or filtering a collision occurs, then the chances are that you will be held liable. However, if you ride smoothly and safely, don’t take risks, and the safety of others is not compromised then you should not have any problems.

Before carrying out any manoeuvre, always ask yourself whether it can be done safely, will other traffic be inconvenienced, and are your actions likely to really give you any benefit? If the answer to the first two is yes, then hold back until such time as an opportunity presents itself, but always be aware of the possibility of other vehicles changing lanes suddenly without warning.
____________________
It is better to arrive 30 seconds late in this world, than 30 years early in the next

[map]

Thanks T.C. for clearing up the bit about undertaking.
I've always wondered about that one
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?

[malb]

Cheers for that. I haven't bothered doing it up to now, but I think that if I'm running late and its not dangerous I'll give it a go.
____________________
<-- I'm taller than Charley Boorman look

[Rollins]

[Mister James]

I couldn't agree more. When I first got my 'ped, I was far too nervous to be filtering through the lanes, and was quite happy to remain in the queues like a cager. All very well when the traffic is light in the morning and late night, but as soon as I hit day shifts and the traffic started backing up, I snapped and started zipping down the lines.

Once you've done it, you never go back to queuing - lets face it, it's half the reason we bought these damn things in the first place!

Just like most other things on the road, as long as you approach it with a sensible attitude, and an understanding of your own limitations, you will be fine. Just take it slowly, at your own pace, and if the gap ahead looks too narrow, just stop and tuck back into the traffic until a better opportunity presents itself.

[fuzz]

I've started filtering quite a bit now, as the traffic to work now the schools are back is terrible. I'm still wary of filtering past large vans/trucks though. I sometimes queue if they are at the front and I can't safely use the oncoming lane.
____________________
https://www.bikepics.com/members/fuzzbcf/
Bikes: '99 NSR125R, '00 SV650S, K1 GSX-R600, '97 CB500, K3 SV1000S, '16 VFR800

[The Tot]

What annoys me when filtering is when you know you're definately not going to get through the cars unless you take your fairing and clip ons and can off, yet having said that, there's some courier or yuppie on a vespa ET4 or another trying to zoom past! I mean, go ahead if you can catapult in front of me but try to use your common sense and understand that i am on a trail bike and not a scoot; less agile!

I made the mistake of filtering between the nearside and middle lanes on the A406 near the Ace to keep up with CBR Chris and SmotoBob after my engine stalled; little did i know that was nestled in front of a arctic on the nearside lane. I take it he wasn't bothered to stop me considering there were dozens of bikers doing so; - jam near Ikea as usual.

I guess i need to do my A2 and a bikesafe course to really know where i stand in London's roads
____________________
The Tot 2007 Yamaha R1 4C8 2002 Yamaha FZS1000 Fazer &
www.youtube.com/Titot182 for your bike gear reviews and pop punk covers
Earl Of Easycore Pop Punk Will Never Die!

[scott_hood_88]

Does anyone have advise on filtering in the rain because as most of us know white lines in the wet are lethal, i constantly have to filter around the city and some heavy country roads, but when its wet i stay in the que, any advise?

Scott

[mrchips]

I would generally filter, the occasions I won't is when it is no more than about 5 cars or at a roundabout. Apart from that it is extremely useful and timesaving, as long as you keep paying 100 percent attention to cars on your side indicating and traffic from the other side turning in. Generally when I am filtering I won't go right to the front of the que, rather leave 2-3 cars behind so I can get my bearings a bit/save getting wiped out. As for filtering in the wet, I think as long as you don't go too hard you should be alright, I've never had any problems and find white lines more fiction than fact although they certainly can be dangerous if you arn't careful.

[Major_Grooves]

I have a few questions fo T.C.:

With regards to overtaking at the zig zag lines at pedestrian corssings, what if there is a red light at he crossing - can you progress to the front of the queue stop with the lead car, and then proceed ahead of him once the lights turn to green?

With regards to not crossing solid lines when overtaking. I thought you were allowed to cross them to overtake staionary vehicles? Or does that really mean parked or obstructive vehicles rather than cars stuck in a queue?

And lastly, with regards to filtering at no more than15mph above the speed of the other vehicles, if all three lanes of a motorway are doing about 55mph, then providing it's safe to do so, is filtering between them at 70mph okay. I probably wouldn't do it regardless but I'm just wondering.


Nice posts T.C.
____________________
About me|@Major_Grooves|My company|Digg|Flickr

[T.C]

[Kickstart]

[T.C]

[karen_moomin]

When McJam was filtering on the motorway on our way home from France at the weekend, as a pillion I did find it hugely satisfying to be moving while all the cars were sat there in queues.

However, I also found it very nerve-wracking, as some gaps between cars were quite narrow, and also I was worried that someone would attempt to change lanes without seeing us.

I personally have never had the opportunity to filter, and to be honest I think it's going to be a good while before I have the confidence to do this.

[malb]

I have started filtering a bit, accept when there are lorries involved. I say this because my main route involves the A500 where the lanes have been narrowed for road works, so getting past won't be easy.

Also being about 6'1 my knees stick out quite a bit, so I have to be careful not to take a line of wing mirrors with me.
____________________
<-- I'm taller than Charley Boorman look

[headlamp]

[stryker]

A while back while riding pillion on bazza's bike I noticed how on the motorway while filtering there were a number of people who try and close the gap!!!!

[s3d]

hi all

I commute down the m27 for about 40 miles every working day on xj600.

Rarely is there a day where i do not need to filter for a good 10 miles of this journey.

I have read several threads on filtering, and hence I am going to email a traffic cop on this issue aswell on the weekend.

Today (Weds) I was nearly knocked off, as a Mazda changed from 3->2 not seeing me coming up (at around 30mph) behind him. Traffic moving at 15 ish.

This was OK, I had seen him, and wasnt a issue, until he saw me, and slamed on his brakes! If he had kept going, it would have been all ok!!

Tips:
1) Flashing your headlights, is a method of letting people know you are there. Use it. I ALWAYS pulse my headlights while filtering. It does alert people, and not illegal to the best of my knowledge.
2) Never filter on lanes 1-2. Always 2-3 only.
3) Stay in a low gear (high revs) as you can brake quicker if required
4) Look 10 ish cars ahead. IF a car 2-3 ahead pulls out, there is little you can do anyway.
5) Never filter after a joining junction for at least 1/2 mile.
6) Look at the flow of traffic. If lane 3 is moving sig faster, people on lane 2 will want to join it. Simple.

Hope this helps someone.!!!

Matt

(Portmsouth Uni Bike Club)

[paulodd]

hi, i have a little question, is it legal to filter if there is no overtaking lines in the middle of the road even if your on your side of the road and don't touch them???

As ive had my first ever crash this morning and guess wot i was filtering. this is the story.....


i was on my way to college this morning and there were massive ques, i started to filter as it looked safe. i soon saw a gap and i wondered why it was there as the traffic was at a standstill so i slowed down. i pulled up next to a silver car and noticed that there was a blue volvo that wanted to come out of a side road onto the main road in the other direction. the car did not move and there was a van in the opposite direction to me coming that wasn't slowing down, so i edged forward and stopped. i thought the car had seen me and the van was not slowing so i took the chance of continuing me path of filtering. i pulled off and no more than a second later the car pulled out and knocked me straight off my bike. i went straight over the handle bars and slid face first 5/10 meters down the road and my bike was wedged under his car. i got up and he reversed his car off my bike. then exchanged details and i locked my bike up by the side of the road and he gave me a lift to college.

i rang my insurance company to get a claim form sent to me, but am thinking of trying settle it with the guy that hit me without any claims on my side or against me, as i dont want my insurance to go up and loose my no claims bonuses, plus its only a 18yr old CG125.

i was lucky to come out unhurt and with only a little damage to the bike; right footpeg bent and twisted under the back break leaver, front brake leaver bent and the crank case has a nice hole in it.

Is there anyone that has been in the same situation or one like that and what did they do? as im not 100% sure of the possible outcomes.


Paul


a nice picture of the crash:

[AcIdBuRnZ]

Sorry to hear about your accident mate, I'm not laughing at you, but the fact that it just had to be a Volvo driver!
____________________
Past: Honda NSR125R >> Kawasaki ER-5a2 >> Kawasaki ZZR-600e1 >> Suzuki GSXR-750Y >> Honda VTR 1000 Firestorm
"Chickity China the Chinese Chicken..."

[CBRPETER]

lol, unlucky mate, happens to the best of us... see if you can work it out first, if you can't loosing your no claim bonus won't be the end of your life, was it his fault, or was it yours?






Why has Illuzion rated every post good in this section??? LOL
____________________
Shes my life, shes so rad and shes the best ride i ever had!!

[Major_Grooves]

[s3d]

hmmm.

a think there may be some bad news here.
your on a junction - should really be filtering there.
its makes an easy arguement for his insurance company.

one thing i will say is what damage was caused to his car. It looks minor, and hence with suck little damaged caused over all - and hence may be best for both to keep insurances out (excesses will apply to both parties.

i hope it all gets sorted mate.