biker down - a2 this morning

Hi,

Really sorry to hear about your accident –

Unfortunately the law is some what neither here nor there in this situation.

The highway code states – (Remember the highway code isn’t the law, but can be used to argue someone is driving without due care and attention. However that doesn’t mean some of the rule aren’t derived form the law)

I pulled off the relevant bits. I LOVE CUT & PASTE

71: 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 overtaking traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions.

In slow moving traffic
129: You should
• reduce the distance between you and the vehicle ahead to maintain traffic flow
• never get so close to the vehicle in front that you cannot stop safely
• leave enough space to be able to manoeuvre if the vehicle in front breaks down or an emergency vehicle needs to get past
• not change lanes to the left to overtake
• allow access into and from side roads, as blocking these will add to congestion.
Mirrors

137: All mirrors should be used effectively throughout your journey. You should
• use your mirrors frequently so that you always know what is behind and to each side of you
• use them in good time before you signal or change direction or speed
• be aware that mirrors do not cover all areas and there will be blind spots. You will need to look round and check.

138: Before overtaking you should make sure
• the road is sufficiently clear ahead
• the vehicle behind is not beginning to overtake you
• there is a suitable gap in front of the vehicle you plan to overtake.

139: Overtake only when it is safe to do so. You should
• not get too close to the vehicle you intend to overtake
• use your mirrors, signal when it is safe to do so, take a quick sideways glance into the blind spot area and then start to move out
• not assume that you can simply follow a vehicle ahead which is overtaking; there may only be enough room for one vehicle
• move quickly past the vehicle you are overtaking, once you have started to overtake. Allow plenty of room. Move back to the left as soon as you can but do not cut in
• take extra care at night and in poor visibility when it is harder to judge speed and distance
• give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road
• only overtake on the left if the vehicle in front is signalling to turn right, and there is room to do so
• stay in your lane if traffic is moving slowly in queues. If the queue on your right is moving more slowly than you are, you may pass on the left
• give motorcyclists, cyclists and horse riders at least as much room as you would a car when overtaking (see Rules 188, 189 and 191.

140: Large vehicles. Overtaking these is more difficult. You should
• drop back to increase your ability to see ahead. Getting too close to large vehicles will obscure your view of the road ahead and there may be another slow moving vehicle in front
• make sure that you have enough room to complete your overtaking manoeuvre before committing yourself. It takes longer to pass a large vehicle. If in doubt do not overtake
• not assume you can follow a vehicle ahead which is overtaking a long vehicle. If a problem develops, they may abort overtaking and pull back in.

141: You MUST NOT overtake
• if you would have to cross or straddle double white lines with a solid line nearest to you (but see Rule 10
• if you would have to enter an area designed to divide traffic, if it is surrounded by a solid white line
• the nearest vehicle to a pedestrian crossing, especially when it has stopped to let pedestrians cross
• if you would have to enter a lane reserved for buses, trams or cycles during its hours of operation
• after a 'No Overtaking' sign and until you pass a sign cancelling the restriction.
Laws RTA 1988 sect 36, TSRGD regs 10, 22, 23 & 24, ZPPPCRGD reg 24

142: DO NOT overtake if there is any doubt, or where you cannot see far enough ahead to be sure it is safe. For example, when you are approaching
• a corner or bend
• a hump bridge
• the brow of a hill.

143: DO NOT overtake where you might come into conflict with other road users. For example
• approaching or at a road junction on either side of the road
• where the road narrows
• when approaching a school crossing patrol
• between the kerb and a bus or tram when it is at a stop
• where traffic is queuing at junctions or road works
• when you would force another vehicle to swerve or slow down
• at a level crossing
• when a vehicle is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled.

144: Being overtaken. If a driver is trying to overtake you, maintain a steady course and speed, slowing down if necessary to let the vehicle pass. Never obstruct drivers who wish to pass. Speeding up or driving unpredictably while someone is overtaking you is dangerous. Drop back to maintain a two-second gap if someone overtakes and pulls into the gap in front of you.
This bit relates to parked vehicles but could be useful in your case.

Parking

214: Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the road side
• stop as close as you can to the side
• do not stop too close to a vehicle displaying a Blue Badge, remember, they may need more room to get in or out
• you MUST switch off the engine, headlights and fog lights
• you MUST apply the handbrake before leaving the vehicle
• you MUST ensure you do not hit anyone when you open your door
• it is safer for your passengers (especially children) to get out of the vehicle on the side next to the kerb
• lock your vehicle.
Lane discipline

238: You should drive in the left-hand lane if the road ahead is clear. If you are overtaking a number of slower moving vehicles it may be safer to remain in the centre or outer lanes until the manoeuvre is completed rather than continually changing lanes. Return to the left-hand lane once you have overtaken all the vehicles or if you are delaying traffic behind you. Slow moving or speed restricted vehicles should always remain in the left-hand lane of the carriageway unless overtaking. You MUST NOT drive on the hard shoulder except in an emergency or if directed to do so by signs.
MT(E&W)R regs 5, 9 & 16(1)(a) & MT(S)R regs 4, 8 & 14(1)(a)

239: The right-hand lane of a motorway with three or more lanes MUST NOT be used (except in prescribed circumstances) if you are driving
• any vehicle drawing a trailer
• a goods vehicle with a maximum laden weight over 7.5 tonnes
• a passenger vehicle with a maximum laden weight exceeding 7.5 tonnes constructed or adapted to carry more than eight seated passengers in addition to the driver.
Laws MT(E&W)R reg 12 & MT(S)R reg 11

240: Approaching a junction. Look well ahead for signals or signs. Direction signs may be placed over the road. If you need to change lanes, do so in good time. At some junctions a lane may lead directly off the motorway. Only get in that lane if you wish to go in the direction indicated on the overhead signs.
Overtaking

241: Do not overtake unless you are sure it is safe to do so.
Overtake only on the right. You should
• check your mirrors
• take time to judge the speeds correctly
• make sure that the lane you will be joining is sufficiently clear ahead and behind
• take a quick sideways glance into the blind spot area to verify the position of a vehicle that may have disappeared from your view in the mirror
• remember that traffic may be coming up behind you very quickly. Check your mirrors carefully. When it is safe to do so, signal in plenty of time, then move out
• ensure you do not cut in on the vehicle you have overtaken
• be especially careful at night and in poor visibility when it is harder to judge speed and distance.

242: Do not overtake on the left or move to a lane on your left to overtake. In congested conditions, where adjacent lanes of traffic are moving at similar speeds, traffic in left-hand lanes may sometimes be moving faster than traffic to the right. In these conditions you may keep up with the traffic in your lane even if this means passing traffic in the lane to your right. Do not weave in and out of lanes to overtake.

Im well aware this goes on and on and on…

But if your lucky boys and girls…tomorrow I will bring you some extracts from law.

[Sid Squid]

SVpilot: That's a bummer. Get well soon, and fix bike soon too.

I think generally speaking that Greg is right, all accidents are avoidable by both parties, of course sometimes they'll only be avoidable by not getting out of bed that morning, but the balance of who does what in the necessary avoiding action is the only bit open to question.

FWIW I think that Bikesafe/IAM etc are well worth the time and effort, I don't think they'll teach you anything that experience won't but hopefully they'll telescope that experience into a shorter time period, which has to be good.

So, as far as I know, in the US (NY and NJ at least) filtering is illegal. Flat out not allowed. They call it splitting lanes here, and I have gotten reefed for it twice in the last couple of months. Each time I got away with it though.
The first time I was genuinely confused, and tried to talk to the cop a bit to find out if it was the filtering that actually got me pulled over or something else. He kept on saying basically you are talking ****e, you know full well its not ok to do that.
If anyone can confirm (or even better deny) this for me it would be cool.
For the record, I still filter, obviously. The speed limits are a joke here too. I am not going to start on that one though.
Anyway, good luck on getting the bike on the road buddy.

I filter quite regularly when out riding - you could draw some comfort from one incident that happened to me on the A1 - i filtered through the traffic (A1 is dual where I am) passed a marked motorway police car - didn't bat an eyelid. A couple of cars in front of the police car I passed a BMW rep mobile. When I passed him at about 15mph be blasted his horn? wwe were approaching a roundabout so i pulled into his lane infront of him, he blasted his horn again - I started to think that he had perhaps spotted something wrong/loose on the bike. traffic was stationary so I quickly jumped off the bike to have a look. At this repmobile was jammed in reverse and rammed onto the bonnet of the car behind - in what the driver claimed was a bid to escape? from what?? the car behind the one he had rammed was the police car. Police man obviously gets out of his car to see what had happened -Irate bmw driver claims i was somesort of threat - a roadrager no less!! -plod had witnessed his horn blowing and explained to me that I had not broken any laws as the horn is only for use as a warning so I was right to check my vehicle and as it was a bike and not a 4 wheel vehicle i was justified for checking it immediately in the stationary traffic. He checked my bike over quickly - rear wheel, chain etc never mentioned the small reg plate, akrapovics etc took my details and sent me on my way. Don't know what happened to the BMW driver, hope they threw the book at him. Plod must have been a biker - proves they are not all bad.
It wouldn't surprise me if the passenger in your case had opened the door on purpose to stop you 'getting in front and winning' this is the mindset that a lot of people on the road have - they see it as some sort of race. Cadwell is a good place to race - roads aren't. These ******s should buy bikes if they want to get through the traffic instead of getting all upset when we pass them!

And into a police car too - superb!


,

A couple of pics

Not at all nice - hope you're recovering and willsoon be back on the road.

That might smart just a touch!

not good, hope the cage driver get's proper done

That must hurt mate, but very glad your healing up.

Speedy recovery to you my friend.

Rich