Archives For Highway Code

Is filtering legal?

January 16, 2014 — 2 Comments

There isn’t anything in Law or the Highway Code that explicitly says that cyclists are allowed to filter. So are we?

Looking into a few of the highway code rules in detail we come across a few things that suggest that we can and that other road users should expect two-wheeled vehicles to be filtering.

Rule 88 is in the motorcyclists section, but the advice is sound and shows that motorcyclists are allowed to filter. Note the advice here, do it slowly and take care!

88 – Manoeuvring. You should be aware of what is behind and to the sides before manoeuvring. Look behind you; use mirrors if they are fitted. When in traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions or changing lanes. Position yourself so that drivers in front can see you in their mirrors. Additionally, when filtering in slow-moving traffic, take care and keep your speed low.

Rule 160 shows that you should be looking out for two-wheeled vehicles filtering

160 – Once moving you should

  • be aware of other road users, especially cycles and motorcycles who may be filtering through the traffic. These are more difficult to see than larger vehicles and their riders are particularly vulnerable. Give them plenty of room, especially if you are driving a long vehicle or towing a trailer

Rule 211 shows again that you should be looking for two-wheeled vehicles filtering

211 – It is often difficult to see motorcyclists and cyclists, especially when they are coming up from behind, coming out of junctions, at roundabouts, overtaking you or filtering through traffic. Always look out for them before you emerge from a junction; they could be approaching faster than you think. When turning right across a line of slow-moving or stationary traffic, look out for cyclists or motorcyclists on the inside of the traffic you are crossing. Be especially careful when turning, and when changing direction or lane. Be sure to check mirrors and blind spots carefully.

It seems pretty clear from the sections of the highway code that I have listed above that filtering is legal and that motorists should be aware of it and look for vehicles filtering.

Why is there no legislation/law that says it’s legal? Well legislation says what you can’t and what you must do. Not things you are allowed to do but don’t have to do. As such there is no mention of it any legislation regarding road use.

So who is at fault if there is a collision?

You have to look at each case for its own merits and perhaps compare it to previous cases.

Generally there are a few things that make a difference. How you approached the situation, was it slowly and with care?
Was the motorist cautious, did they take their time and indicate clearly before they moved?
Was their warning signals to you that something might happen (stopped vehicle with a gap in front of it for an example).

There is a thread on a motorcycling forum that discusses how to prove your case with an insurance company. It’s a very good read but note that since it was published in 2005, there have been many changes to the highway code, not just wording but also numbering. So make sure you check with the highway code first.

Avoiding close passes

May 16, 2011 — 1 Comment

A few months back I was trying to think of a way to get motorists to give us a little more space when overtaking us. There isn’t really much we can do that would be legal, which makes; flame throwers, paint guns and window breaking pins out of the question.

The one thing we do have in our arsenal is our arms. I’ve started to indicate to my right if i suspect a driver is going to give me a close overtake.

And from my unscientific research it seems to be working. An indicate to the right is making drivers either stop their overtake or they give me more room. Either way it is putting the doubt into the mind of the driver about what I’m going to do. Which is something the highway code suggests anyway

213

Motorcyclists and cyclists may suddenly need to avoid uneven road surfaces and obstacles such as drain covers or oily, wet or icy patches on the road. Give them plenty of room and pay particular attention to any sudden change of direction they may have to make.

A fair percentage of drivers don’t seem to think about this and overtake at a distance which many cyclists do not think is safe.

This is only executable when you think someone is going to overtake far to close, sometimes it’s hard to even be aware of the moment when you are about to be clipped by a wing mirror!

I said a few weeks ago that I was going to collect some data about ASL’s and how many people I see breaking the rules on them. I took the data from a 5 day commuting period, which resulted in 149.55 miles traveled, 11 hours and 30 minutes in the saddle.

I stopped at 88 sets of traffic lights which had an ASL. 7 of those ASL’s had no vehicles that shouldn’t be in there from the time I was in it till the time I left it on the green light. At 12 of those 88, I couldn’t filter to the ASL, either due to it being full with vehicles or because the filter lane and other access routes were blocked.

At those 88 sets of traffic lights I saw 154 vehicles in them whilst the light was red. 59% of those where there when I got to it, and 41% of them I saw move pass the first stop light whilst the light was red.

54% of the vehicles that where in the ASL’s where motorbikes, the other 46% where other vehicles on the road, be them lorries, vans or cars.
On average, there where 1.75 vehicles in each ASL that shouldn’t have been there.

The highway code states, Rule 178:

Advanced stop lines. Some signal-controlled junctions have advanced stop lines to allow cycles to be positioned ahead of other traffic. Motorists, including motorcyclists, MUST stop at the first white line reached if the lights are amber or red and should avoid blocking the way or encroaching on the marked area at other times, e.g. if the junction ahead is blocked. If your vehicle has proceeded over the first white line at the time that the signal goes red, you MUST stop at the second white line, even if your vehicle is in the marked area. Allow cyclists time and space to move off when the green signal shows.

The highway code suggests that you should treat the ASL like a yellow box and pedestrian crossing. If you can move all the way passed it then fine, but if you will stop in it due to traffic ahead of you, then you should stop at the first stop line. This suggests that any vehicle caught in the ASL that shouldn’t be there, could be fined.

Lets see what the Road Traffic Act and The Traffic Signs Regulations and General Directions have to say about ASL’s. *reads sections outlined by the highway code* Well that would be nothing. Just the laws about stopping at the first stop line but nothing about ASL’s. Which means that the police can only fine someone if they see them cross the first white line whilst the light is amber or red (amber is a 50/50 ).

I’ve yet to see anyone get fined for crossing the first stop line whilst the light is red. There have been some tales told by cyclists, the police say they can only fine someone if they see them cross the first stop line whilst the light is on red. Even then I doubt the driver will get a £60 and 3 points for it, more a telling off.

TFL boast that they added new ASL’s and increased the size of the existing ones along the super highways. But what is the point in wasting tax payers money on facilities for vulnerable road users if motor vehicles just ignore them? I would have no problem with TFL boasting about them if they where actually enforced and useful to cyclists but I fear that they often act as a target for cyclists to filter to and can put them in danger.