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IS IT LEGAL TO FILTER HERE?
When does filtering become
undertaking?
The letter of the law: Filtering is moving between two or more lanes of
stationary or slow-moving traffic. Undertaking is passing a vehicle on their
nearside (left), when the lane you're using is otherwise clear, Undertaking is
illegal.
The reality: The ability to get through sticky traffic is one of the
biggest practical advantages of motorcycling. Everyone acknowledges that, the
police included. Since the difference between filtering and undertaking can be
slight, the most important factor is how the undertaking/ filtering was
conducted. It is a subjective issue, hence the confusion.
The speed differential between you and the traffic you're passing is important.
If you re caught flying through gridlock at 50, there'll be little mercy, and
rightly so. Moving cautiously through 40 mph traffic at 60 mph on a dual
carriageway is unlikely to raise an eyebrow. As Thames Valley accident
investigator Gary Baldwin puts it, "Once the speed differential becomes
extreme, the sympathy vote quickly evaporates."
And you may need that sympathy vote. If there is an accident and you find
yourself in court, you could face charges of careless or even dangerous riding.
The verdict will be largely down to the jury who, going on pure statistics
alone, are unlikely to have a motorcyclist among them. If you can convince them
that your actions were both considered and reasonable, and that the me dent was
the result of poor observation or sheer carelessness on the part of the third
party, you should be all right. The more sensible you were, the more
sympathetic they'll be. It's that simple.
Can you filter over zig zags on the approach to a pedestrian crossing?
The letter of the law: You can move up a line of stationary or slow
moving traffic in a zigzag area, but not to the front. You must not pass the
vehicle at the head of the queue.
The reality: One to stick to. Most riders treat passing through
Zigzags with caution - by definition they're found in tricky areas.
The above article was written by Ben Miller
and published in the December 2001 edition of
magazine Our thanks
go to them for their kind permission to reproduce it here...
N.B. Please read and note the disclaimer
on the Legal Advice Index page.
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