Right of way in regards to lane splitting or filtering

If I am on my bike in my lane and wish to change lanes and indicate but
there is another motorcycle filtering in between lanes, who has right of way
and what normally happens on the road?
I am asking about the law as well as etiquette.
\
I am in Victoria in case this changes depending on where it is happening.

 

In aus.motorcycles on Sat, 17 Dec 2005 06:41:19 +1100

There is no such thing as right of way, only duty to give way.

If it isn't safe to proceed you shouldn't be changing your direction of
travel. Because by changing what you are doing, you are introducing
more variables than the person is who is continuing to do the same
things they were doing.

So I'd say it is your job not to change lanes unless it is safe to do
so.

Legally, go hire a lawyer.

I believe that if it came to court, the fact someone was doing something
illegal doesn't absolve you of your duty to take due care. As a
motorcyclist you would be assumed to know that bikes break the law and
lanesplit, and so would definitely be expected to look and take note.

Even if that argument wasn't used, the magistrate would ask if you had
looked, and if you had seen the bike.

Then it would boil down to whether you had seen them, and whether it was
reasonable for you to assume you had time to make it to the other lane.


Zebee

 

Just like changing lanes, if someone is already in the space you want be in,
or looks like they'r about to occupy that space, then you give way.
Once she/he's gone past then you can change lanes at will

 

I'll answer the etiquette side of the equation - well, my POV. If I were
to split lanes, I reckon that I'd be one of the world's slowest lane
splitters. I'd say I'd always check before ducking into a lane margin as
some riders would probably hunt along, and if I was to see another bike
splitting behind in the same lane, I'd probably give a very clear head
indication that I've seen him/her/it/them, duck out of the lane margin,
and wave him/her/it/them past. Similarly, I'd reckon if I was splitting
and passing another bike, I'd use my bike's passing indicator to give a
flash of the high beam light to let him/her/it/them know I would be
passing him/her/it/them.
I would say that some cars probably deliberately give room to motorbikes
splitting lanes when they see them coming, and the odd truck as well,
but I'm not sure if this would be down to concerns about a collision
after seeing lights approaching faster than the surrounding traffic in
the wing mirror, or courtesy.
But that's just the hypothetical, law-abiding me/it.
- sanbar (who may or may not have only six months of peak-hour - and we
mean gridlocked Monash[1] - freeway experience notched up, but hey, it
all counts)

[1] That's Monash, Victoria, not South Africa, mkay?

 

So "SMIDSY" may be a legitimate get-off for failing to give way to a
motorcycle?

Nev..

 

In aus.motorcycles on Sun, 18 Dec 2005 16:16:48 +1100

It has been in the past.

And it has also been rejected as an excuse.

A wander through the case law at www.austlii.com.au is instructive.

The magistrates/judges look at the circumstances - at the situation, the
behaviour of the people in question, what is usual in that situation,
extenuating circumstances, and so on.

You have a duty to keep a look out, what that means in court is going to
depend.

Zebee