[Nomad]

It is legal you can filter in the UK


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Extract from this weeks MCN - Victory! In a breakthrough court ruling, a Cheltenham rider has been put 100% in the clear over a filtering accident - overturning 40 years of legal anti-bike bias.

 

[marshman]

At last, something useful in the MCN :lol:

He must have had a good brief to overturn that much precedence.

 

[woody]

I hope he takes the driver to court now! as word will spread not to be a dickhead while driving. :x

 

[ZagZyg]

It is legal you can filter in the UK

From http://www.bikesafe-london.co.uk/toptips.htm

Metropolitan Police Service - City of London Police - Transport for London
Working in Partnership to make motorcycling safer in London
Improve your skills - enjoy riding - stay safe

Here are just a few tips to help you stay safer.

Compiled by

P.C. Colin Paris

...

13. Filtering - take opportunities, don't take chances. Take extreme care; always identify a place where you can rejoin the traffic.

Tends to imply, yes it's legal. Not definitive, but I think you could legally claim entrapment if booked for filtering, seeing as it has all these stamped on it

 

[Rabbit1300]

This may help, regular postings by Traffic Officers:

http://www.traffic-answers.com/forum/index.php?topic=889.0

 

[hogan2085]

My feeling is, as with most things, it depends on the way in which a rider carries out any manouver which matters. Any case placed before a court is judged on THOSE particular facts of THAT case. I don't see how this particular case can give a green light to all circumstances. If the rider filters in a stupid manner I feel sure a charge of due care or worse may ensue. ( just my thoughts ) for what they are worth.

 

[ZagZyg]

I don't see how this particular case can give a green light to all circumstances. If the rider filters in a stupid manner I feel sure a charge of due care or worse may ensue. ( just my thoughts ) for what they are worth.

That's not true. Although, by the highway code, "overtaking in the same lane" is legal, it's the fault and blame calculations that are the problem. Judges decide, referring to one of the original case judges comments, that any incidents involving a rider filtering, automatically assign AT LEAST 80% of the blame to the rider. Until now, judges have followed this ruling closely. This case is significant, as it shows that it is possible for a rider to prove he is 0% (zero percent) to blame.
This opens the way, and makes it much easier, for future riders to make their case, and have the judge be receptive to the evidence.
It doesn't give "a green light to all circumstances", but it does allow for a careful rider to claim against a malicious/stupid driver.

It most importantly sets a precedent saying that a driver is responsible and expected to LOOK for motorcycles, including those that might be filtering.

MCN was a little vague on the exact details of the accident in question though.