In today’s current economic climate, increasing numbers of motorcyclists have been reported on Queensland roads. To alleviate further traffic congestion in built-up areas, several recent amendments to the Road Rules[1] have come into effect in Queensland. The new laws provide that:
- Lane filtering is legal in certain circumstances for fully licenced motorcycle riders, and
- Edge filtering is legal in certain circumstances.
What is Lane Filtering or Splitting?
Lane filtering is the process of a motorcycle rider navigating through traffic, typically between two lanes of slow-moving vehicles travelling in the same direction. Rather than staying in slow-moving traffic, motorcyclists can take a risky approach by driving between lanes to reduce their commute time.
When you’re lane filtering, exercise caution and make sure you understand the specific rules and regulations to ensure safety while driving.
What is Edge Filtering?
Similarly, edge filtering is when a motorcyclist ‘filters’ along the edge of the road, travelling past stopped, slow-moving, or parked vehicles in circumstances where the relevant speed limits exceed 90 km/h.
Only high-speed roads, such as highways, in Queensland allow edge filtering because they do not pose additional risks from parked cars, pedestrians, cyclists, and driveways.
Safety Considerations When Lane Filtering
Fully licenced motorcycle riders must exercise extreme caution during lane filtering to avoid accidents. Some essential safety considerations include:
- Maintaining a Safe Speed: Lane filtering should only be done at speeds of 30 km/h or less to ensure control and reaction time.
- Being Aware of Surroundings: Motorcyclists should be aware of their environment, including other vehicles, pedestrians, and road conditions.
- Anticipating the Actions of Other Road Users: You should always be prepared for the unexpected when riding a motorcycle, such as a car suddenly changing lanes.
- Using Protective Gear: Motorcyclists should always wear protective gear, including helmets, gloves, and durable clothing, to minimise injury in case of an accident.
QLD Motorcycle Lane Filtering Laws
Under the new laws[2], fully licenced motorcyclists may lane filter if, and only when:-
- They have an open motorcycle licence;
- They do not travel faster than 30 km/h between stationary or slow-moving vehicles.
- They are not travelling in school zones during school zone hours; and
- It is safe to do so.
Similarly, motorcyclists’ may edge filter[3] in circumstances where:-
- They have an open motorcycle licence.
- The speed limit is 90 km/h or more;
- They do not travel faster than 30 km/h on the edge of the road
- They do not ride on any unsealed part of the road edge; and
- It is safe to do so.
Queensland lane filtering laws:
- Do not presume motorcycle riders have particular privileges or rights of way.
- They have a maximum speed limit of 30 km/h to help ensure pedestrian safety.
- They can only participate in these practices when they deem it safe under the given circumstances.
Given the rationale behind the new laws and the inherent dangers involved in executing such conduct, it would be prudent to review the subtle nuances regarding liability and potential claims for damages.
Lane Filtering on Different Road Types
Lane filtering rules vary depending on the type of road and the state or territory. For example:
- Highways and Freeways: Lane filtering is generally allowed, but motorcyclists must be cautious of high-speed traffic and changing road conditions.
- Urban Roads: Pedestrians, cyclists, and parked cars often restrict lane filtering. Hence, motor cycle riders must navigate these areas with extra care.
- Rural Roads: Lane filtering is permitted, but riders must be mindful of potential hazards like loose gravel, potholes, and wildlife.
Lane Filtering and Bicycle Lanes
In some states, motorcyclists are allowed to lane filter in bicycle lanes, while in others, it is prohibited. For example:
• New South Wales lane filtering laws: Motorcyclists are not allowed to lane filter in bicycle lanes.
• Victoria: Motorcyclists are allowed to lane filter in bicycle lanes but must give way to cyclists and pedestrians.
• South Australia lane filtering rules: prohibit lane filtering in cycling lanes.
• Tasmanian lane filtering laws allow filtering between cars under certain conditions.
Check the specific regulations in your state or territory to ensure compliance with local laws.
Lane Filtering Next to Parked Cars
Lane filtering past parked cars can be hazardous, as motorcyclists can be struck by opening car doors or pedestrians stepping out of vehicles. When lane filtering past parked cars, motorbike riders should:
• Maintain a Safe Distance: Keep a safe distance from parked cars to avoid being struck by opening doors.
• Be Aware of Pedestrians and Cyclists: Watch for pedestrians and cyclists who may be stepping out of vehicles or crossing the road.
• Use Caution in Narrow Spaces: Use extra care to navigate through narrow spaces between parked cars and moving traffic to avoid collisions.
Motorbike Accident Case Study: Goreski v de Costa
The recent Supreme Court decision of Chief Justice Murrell in Goreski v de Costa[4] articulates an example of circumstances where a motorcyclist breached their duty of care.
In that matter, a motorcyclist (“the Appellant”) heading east on Canberra Avenue approached a congested intersection that was governed by a red light. The Appellant slowed to approximately 40 km/h and proceeded forward alongside the stationary traffic via a designated lane for cyclists. Immediately before reaching the intersection, the traffic lights illuminated green, and the Appellant accelerated to 80 km/h. The Appellant’s fast acceleration allowed him to merge into kerb side left lane in front of the aforementioned stationary traffic. Notably, the relevant speed limit was 90 km/h.
The driver of the third-party motor vehicle (“the Respondent”) approached the relevant intersection from the north intending to execute a left-hand turn onto Canberra Avenue – into the path of the Appellant. The Respondent was governed by a ‘give way’ sign, which required him to give way to all traffic already on Canberra Avenue.
The Respondent looked to his right twice, noting the other motorists at the lights, before entering Canberra Avenue at low speed. As the Respondent’s motor vehicle entered Canberra Avenue, he was struck by the accelerating Appellant, who impacted the front driver’s side of his vehicle.
What Was The Decision?
In the primary judge’s decision, her honour referred to the decision of Sibley v Kais[5], wherein it was held that a breach of traffic law does not establish that a motorist has acted negligently. Her honour went further to say that in determining whether there has been a breach of the common law duty of care, a court must have regard to all of the circumstances.
The Respondent did not give way to the Appellant, which was required in order to enter Canberra Avenue. However, he had, on the balance of probabilities, done everything that a reasonably careful driver in the same situation who was keeping a proper lookout would have done.
Her honour held that the Appellant:
• Travelled too fast for the circumstances;
• Failed to keep a proper lookout; and
• He failed to take appropriate precautions for his safety and, by doing so, put other road users at risk.
The Theory Behind The Decision
Ultimately, every driver that approaches an intersection, regardless of whether or not they are presented with a “give way” sign, must take reasonable care and to have the capacity to be able to avoid a collision if the circumstances so arise.
The degree and extent of a Court’s allowance for unexpected behaviour by road users will depend on the degree of risk in the particular circumstances. Occasionally, there will be competing risks, such as traffic lights, slip lanes and zebra crossings. When there are competing demands on a driver’s concentration, it is imperative that every one of these risks are carefully weighed and considered.
Motorcyclists, being among the most vulnerable road users in Queensland, often sustain injuries in accidents due to the limited protection available to them. Motorbike riders must take appropriate precautions for their safety, particularly when utilising the new amendments to the Road Rules.
Time Limits for Motor Vehicle Accident Claims
Strict time limitations are enforced in Queensland for motor vehicle claims. If you or someone you know has been injured on a Queensland road due to negligent driving, our motorcycle accident lawyers advise your rights for free. Call Now: 1800 700 125
More about CTP claim time limits >
- Transport Operations (Road Use Management – Road Rules ) Regulation (2009)
- Section 151A Transport Operations (Road Use Management – Road Rules ) Regulation (2009)
- Section 151B Transport Operations (Road Use Management – Road Rules ) Regulation (2009)
- Goreski v de Costa [2014] ACTSC 23
- Sibley v Kais (1967) 118 CLR 428
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