Passing lanes make motorists safer with many speeding up to 125km/h to safely pass, yet police continue to set up speed traps in these safe sections of road.
Austroads has published a report that found passing lanes have many safety benefits, including perceived safety by motorists, safer operational conditions, and historical crash reductions.
That’s despite the fact that their research shows 85% of motorists break the speed limit to pass vehicles.
So why the speed traps in these lanes? Probably because police know they can “nab” a good quota of speeders.
Such a disingenuous practice penalises motorists who are actually being safe.
It’s not that motorists are speeding through these sections so they can continue to speed and represent a danger on the road.
In fact, the research shows the zones before and after overtaking lanes are made safer by the presence of these lanes.
Crash rates around passing lanes:
18.9% reduction in injury crashes in the passing lane;
10.% reduction 5km after the lane; and
17.6% reduction up to 2km before;
The last figure may be due to the presence of signage advising a passing lane is ahead.
In Australia, these signs are placed 3km before the overtaking lane, while in New Zealand they are 2km ahead.
Passing lane woes
We would also like to see trucks and vehicles towing trailers and caravans prevented from overtaking in these lanes unless there are no following vehicles.
Problems arise when trucks take the entire length of a passing lane to overtake another truck.
That can leave a trail of frustrated and annoyed motorists unable to pass the first truck which could lead to dangerous overtaking manoeuvres.
It’s not just trucks that cause problems, but motorists who try to pass but stay within the speed limit.
Slow vehicle overtaking
That’s because they are concerned police will have a speed trap in the lane.
If there were a requirement for vehicles in the “slow lane” to reduce their speed by 10km/h or an allowance for overtaking motorists to momentarily speed — as is already happening by 85% of users — more vehicles could pass.
That would lead to reduced risk-taking and road rage.
There are fines for this sort of behaviour. In Queensland, motorists can cop a $76 fine and two demerit points for driving in the right lane without overtaking in areas with 90km/h or higher speed limits, including passing lanes.
If you’ve crashed or been stopped by police who suspect you’ve been doing something illegal, your action camera, phone, GPS and bike could help incriminate you.
Each of these items can contain the evidence police and the courts need to convict you for a traffic or criminal offence.
Phones are the most likely to be confiscated, but we have also heard of police confiscating action cameras.
Your phone could contain incriminating evidence
Motorcycle Riders Association of WA safety officer Dave Wright has defended police for confiscating a Perth rider’s GoPro helmet cam SD card.
“If people are doing stupid things, they should pay the price,” he says.
In the latest case, a helmet camera from a dead rider has this month helped convict a British motorcyclist of dangerous driving.
His conviction was based on video evidence confiscated from the helmet of a riding colleague who died in a crash last year.
Police can also get vital evidence from GPS devices that record fastest and elapsed times.
They can also obtain incriminating evidence from motorcycles that feature data loggers.
What rights do you have?
So what do you do if police ask for an item that could incriminate you?
In some places, such as America, police may first have to obtain a search warrant. In Australia, they don’t, so long as the search is lawful.
If police conduct a lawful search, they can seize your camera, SD card, phone, GPS or bike data.
SD Card in a GoPro
It’s not just the item of the alleged offender; police can also ask a bystander to an offence for evidence.
A lawful search is where you give police permission to search you or when the officer has a “reasonable suspicion” that you could have an item containing evidence of an offence.
A crash is a situation where police might exercise their right to collect relevant evidence from victims, offenders and bystanders.
How do you not incriminate yourself?
If you don’t want to incriminate yourself, there are some steps you can take.
Without wishing to pervert the course of justice, we suggest you extract the SD card from your camera, bike or GPS.
Or at least turn off your camera to avoid attracting the attention of the police.
If they see the camera or GPS is off or that the SD card is missing, they might assume you weren’t recording.
However, we do not suggest you lie and say you don’t have it or that it wasn’t recording. That could incriminate you in a whole other offence.
Even if you want to use the evidence later in your defence, your lie will then be obvious and police could charge you for providing false information.
If they ask for the camera, GPS, phone, SD card or data logger, you can politely tell the police you will gladly make it available after it has been copied.
That may not work, unless you have been syrupy sweet.
Don’t be obstinate. That could be seen as refusing to hand over evidence and you could be charged with obstructing a police officer in the execution of their duty.
That would result in a court appearance where you could cop a fine of a few hundred dollars.
The proper procedure is to let them take it and then challenge it in court. But, of course, the horse has already bolted.
Another legal opinion
However, one legal advisor suggests that would offend the right to not incriminate yourself.
“But there is the law and there is reality,” he notes.
“Coppers will usually do whatever is easiest to ‘prove’ an offence. If that entails bullying a motorist into handing over an SD card, that is what the coppers will do.”
If your camera or SD card has been confiscated by the police or handed over to them, ask the officer to make a note of it.
Police must supply you with a receipt of the item as “soon as possible”.
It must also be returned to you in 30 days unless it is to be used as evidence. In that case, police have to apply for an extension through court.
If the matter goes to court, your legal representative can also ask for the card or, at least, a copy to be supplied for your use as evidence.
Please note:
This article is based on several other articles already published on Motorbike Writer as well as information from police and lawyers, including East Coast Lawyer Tina Davis and assistant Robyn Temperton. It is not legal advice. For legal advice, you should engage the services of a lawyer.
Since the law can be challenged and is open to legal interpretation, you may disagree with many of the points raised here. Please feel free to comment in the “Leave a reply” section below.
Lane filtering now puts us at the front of the traffic light queue, so when the light changes to green we have a duty to get away quickly to avoid holding up traffic.
However, this puts us in danger of being cleaned up by motorists running yellow and/or red lights.
More red light cameras with good signage might just prevent motorists from running lights and putting us in danger.
Queensland has just added eight more intersections to its list of locations with new combined red light and speed cameras.
They not only detect motorists who disobey the red traffic light, but also those who speed through the intersection.
Statistics reveal that 11% of all serious casualties on Queensland roads occur at intersections with traffic lights.
Accidents involving motorists running red lights are usually t-bone crashes which are the most lethal, especially for riders.
During the past five years, 42 people have been killed and more than 3000 hospitalised in crashes at signalised intersections in Queensland.
Triggering traffic lights
The only problem we can see if if the lights fail don’t change for motorcycles.
Many small motorbikes don’t trigger the inductor loop in the ground.
Riders who give up waiting for the lights to change and ride through the red light can expect to cop a fine!
If these cameras are being installed at more intersections, it is vital that the authorities ensure lights detect motorcycles or install more roadside buttons like these to trigger the lights.
Speed and red light cameras
The new combined red light and speed cameras are fixed and operate 24 hours a day.
They are at the following intersections in Queensland:
Glenlyon Street, Gladstone Central at intersection with Tank Street;
Anzac Avenue Road, Kippa-Ring at intersection with Boardman Road;
Morayfield Road, Morayfield (intersection of Caboolture River Road);
Lutwyche Road, Lutwyche (intersection of Norman Avenue);
Lutwyche Road, Kedron (intersection of Kedron Park Road);
Old Cleveland Road, Coorparoo (intersection of Cavendish Road);
Smith Street, Southport (intersection of Kumbari Avenue); and
Bermuda Street, Burleigh Waters (intersection of Christine Avenue).
The combined red light and speed camera systems have advisory signs installed prior to the intersection advising motorists that a combined red light and speed camera system is operating.
For the complete list of combined speed and red light cameras in Queensland, click here.
A rider has died after a crash involving a car in Rothwell, Redcliffe, north of Brisbane, overnight and Queensland Police investigators are seeking eye witnesses.
Forensic Crash Unit say that around 8.20pm a Honda motorcycle collided with a Toyota Corolla sedan at the intersection of Coman Street and Deception Bay Road.
The 23-year-old rider was transported to the Royal Brisbane and Women’s Hospital.
He was sadly pronounced dead shortly after midnight as a result of injuries sustained in the crash.
The car’s driver, a 25-year-old woman, was not physically injured.
Investigators would like to speak with any members of the public who may have witnessed the crash or has dash-cam footage of the incident to contact police.
You can report information about crime anonymously to Crime Stoppers, a registered charity and community volunteer organisation, by calling 1800 333 000 or via crimestoppersqld.com.au 24hrs per day.
A recent crash that injured a NSW police motorcyclist happened despite a new rule requiring motorists to slow to 40km/h when passing stationary or slow-moving emergency vehicles.
The incident occurred at Warrell Creek near Nambucca Heads, NSW, last Sunday when the officer pulled over a car and was hit by another car.
Motorcycle Council of NSW Chairman Steve Pearce says it’s “just a matter of time until a serious incident occurs as a result of this rule”.
“The fact is our motorways were never constructed with emergency management considered adequately,” he says.
“Asking drivers to reduce speed from 110km/h to 40km/h without adequate warning is just a recipe for a disaster.
“In my view, the NSW Government have opened themselves to a possible damages action. A driver/rider should expect to be given adequate warning to reduce speed from 110km to 40km. The legislation as it stands does not allow for any adequate or reasonable warning structure whatsoever.”
Minister for Roads, Maritime and Freight Melinda Pavey says the new rule which matches rules in Victoria and Western Australia is under a 12-month review and she is awaiting a police report on the incident. South Australia has a similar rule but a 25km/h speed.
The RACV says it could be difficult for motorists to see flashing emergency vehicles’ lights over a hill and have enough time to slow down to 40km/h.
The Queensland Government has rejected Police Union calls for a similar road rule.
The major concern is that vulnerable motorcyclists, such as the NSW police officer, are at risk.
In fact, the person the rule was meant to protect appears to be a victim in this incident.
NSW Police say the 48-year-old officer has undergone surgery for fractures to his right leg.
A 70-year-old woman from Queensland, the driver of the Mazda2, has been interviewed by police and released pending further investigation, spokesperson says.
“The matter is currently being investigated by the Crash Investigation Unit and it is too early to speculate on the associated factors,” she says.
Tips on emergency rule
If riders see the flashing lights of an emergency vehicle, there are several things they can do to avoid a rear-ender.
Look at traffic behind you to assess the danger;
Indicate and change lanes away from the emergency vehicle, if there is a vacant lane to move into;
If not, switch on the hazard lights;
Brake as smoothly as possible, perhaps activating the brake light on and off to attract the attention of following traffic; and
Search for an escape route, possibly between lanes or on the road edge.
Confusing rule
The rule is confusing for motorists travelling interstate during holidays because of the disparities in the rule and the fact that some states do not have the rule at all.
Emergency vehicles are defined as police cars, fire engines and ambulances displaying red and blue flashing lights and/or sounding their siren.
In Victoria it includes all “escort vehicles”. In SA SES vehicles are included and in WA it extends to all emergency vehicles, including tow trucks, RAC roadside assistance patrol vehicles, and Main Roads Incident Response Vehicles removing road debris and broken-down vehicles.
The rule does not apply if the emergency vehicle is on the other side of the road where there is a median strip.
Fines also vary
In South Australia, you can cop a maximum fine up to $1007 and some motorists have been disqualified for six months.
Victoria’s fine is $272.05, but there is a maximum court penalty of $777.30 if you unsuccessfully challenge the fine.
Police confirm that a number plate scam has landed some motorists with fines for speeding offences they did commit and unpaid toll notices they did not accrue.
They believe the offenders are using vehicle sales websites to find a vehicle matching the model of their owned or stolen vehicle.
Offenders then create a duplicate number plate on laminated paper and place it on their vehicle.
This plate scam has been around for a while but surfaced again recently in Brisbane when Moreton South Patrol Group received enquiries from motorists who received Traffic Infringement Notices in the mail for speeding offences.
Queensland Police say the motorists denied the speeding fine allegations and provided photographic evidence to prove the vehicle in the speeding offence photo was not theirs, even though it had their number plate.
“Further enquiries have revealed that many of these vehicles have been advertised on commercial car sale websites, exposing their registration details,” they say.
Recently police have also charged offenders with possessing false number plates that share the same number to similar vehicles owned by other people.
However, they have not said how many offenders have been apprehended nor how many speeding fines have been waived.
Plate scam not new
Police and transport departments in NSW and Victoria states the plate scam is not new, but are unable to supply statistics for speeding fines waived or offenders who can be charged with both criminal and traffic offences.
It is recommended that private sellers blur their number plates when they advertise their vehicle online.
In Victoria, Victoria Police, VicRoads, Department of Justice and Regulation, Fines Victoria, the Crime Statistics Agency and National Motor Vehicle Theft Reduction Council are investigating the misuse and theft of number plates.
“If an individual suspects number plate misuse of any kind, they should immediately contact police,” VicRoads suggests.
South Australia Police say it has not affected motorists in their state. Tasmania and WA authorities did not reply to our inquiries.
Unpaid tolls
The scammers have also been using tollways with the video recognition fee going to the registered owners of the plate.
Kingaroy rider Paulette Devine copped a $10.78 fee for an unpaid $2.28 motorway toll when her Kawasaki Ninja 250 was parked in her garage more than 200km away.
Tollway photo of Paulette’s plate on another bike
She bought the Ninja in July 2017 through Gumtree.
We contacted Queensland tollway company Linkt who confirmed they had waived Paulette’s toll.
Linkt is owned by Transurban which also owns CityLink in Melbourne and six tollways in Sydney.
Police have issued a warning to motorists not to cross flooded roads and even to be on the lookout for crocs.
And they don’t mean those Crocs shoes or crocodile-skin motorcycle seats!
Heavy rain and flash flooding are expected on the Queensland and northern NSW coasts in the next couple of days.
Police and emergency services have reiterated their call: “If it’s flooded, forget it”.
Riders are particularly vulnerable to being swept away in fast-flowing creek crossings.
Police say they will fine motorists hundreds of dollars for negligent driving if they attempt to cross flood waters and get stuck, requiring rescue.
Crocs warning
But there is also a unique problem for riders in Far North Queensland … crocs!
With North Queensland well-known ‘croc country’ police near Tully came across a crocodile sitting near the middle of the road last night. Officer’s fortunately were able to avoid the animal however with heavy rains still falling from ex-tropical cyclone Owen wildlife can be expected to be displaced and may wander onto roadways.
If you think hitting a roo is a problem, try tangling with a croc!
You may have crossed this particular crossing before and think that the water is just a little higher than normal. However, there could be a sink hole underneath and you could lose your bike and then be swept away in the fast-running waters.
Flooded water is unpredictable. Is the level still rising, how fast is the water flowing, is it flowing at different rates in different parts of the crossing, is a sudden surge of more water on its way, what objects have been washed down and are now submerged underneath such as barbed wire?
There are too many unknowns.
Don’t be that idiot that goes playing in flooded waters and ends up losing their bike, forcing emergency services personnel to risk their lives trying to save you.
That was my mistake
One of my water crossing failures was in a low-flooded causeway. I was riding a big Yamaha Super Tenere through on the clear wheel tracks but the water was flowing faster where there was a gap in the weeds upstream.
Even though it was a low level and the bike substantial, the water velocity was enough to push my front wheel slightly off track, into the slime and down I went.
I was lucky not to be swept off the causeway into the fast-running creek.
It was a stupid thing to do and I acknowledge that.
After the storms have passed and the skies turn blue, there will be an enormous temptation this weekend to go out and play in the waters.
However, flood waters can take a lot of time to subside, so remain vigilant and cautious.
While Australian states are ramping up their anti-association laws that profile riders as potential outlaws, the US Senate has unanimously passed a motorcyclist anti-profiling resolution.
This follows an American Motorcyclist Association survey finding that half of American motorcyclists say they have been profiled by police pulling them over.
There is no such survey in Australia, but anecdotal evidence shows that riders have been pulled over for licence and bike checks by police.
They say only riders have been pulled over while cars and other vehicles are allowed to pass.
Police recently pulled over riders on the Gold Coast hinterland
Some have been riding cruisers and wearing similar gear to the so-called outlaw gangs or bikies, but others have been riding bikes such as adventurers, tourers and sports machines.
Laws, such as Queensland’s ludicrously named Vicious Lawless Associates Disestablishment or “VLAD” Act of 2013, are allowing police extra powers to harass riders.
Florida woman Jennifer St Clair, 33, was killed when she was run over by several cars after she fell off a motorcycle pillion seat on her first date with the rider.
Florida Highway Patrol are not sure of the details of the incident last weekend and are calling for witnesses.
The rider has been identified and the matter is being treated as a traffic homicide.
Witnesses say the rider sped off and left the woman for dead on the highway.
This is terribly sad news and we can only speculate on what might have happened.
The general rule is that the more comfortable the passenger is, the safer you both are.
But that doesn’t mean you can only carry a pillion if you own a Gold Wing or Ultra Classic.
Perhaps the most enjoyable pillioning my wife and I have ever done was on a Triumph Bonneville T100.
Mr and Mrs MBW
She prefers light bikes because she feels I’ll be able to hold it up. She also prefers they aren’t too powerful and intimidating. The Bonne is also low enough for to just throw a leg over, rather than having to step on the footpeg and hoist over.
But there is no use buying a bike your regular passenger will hate, so ask their opinion. They may actually prefer the budgie perch of a sportsbike because it satisfies their desire for sportiness over comfort.
That means lots and lots of test rides together.
2 Mounting and dismounting.
Advise your pillion to ask permission before hopping on so you have a good hold of the bars and both feet on the ground. Don’t try to do this on the side stand as you may bend it, nor the centre stand as you may not be able to rock the bike to get it back down.
Request your passenger to alight as soon as you stop, then park your bike without them. Don’t be a hero and try to do it with them on board unless you are certain of your abilities and the ground surface. If you drop it, you will quickly go from hero to zero.
Mrs MotorbikeWriter in her pillion position aboard an Indian Roadmaster
3 Exhaust warning.
Warn your pillion about putting their foot or leg on the hot exhaust. Nothing spoils a two-up trip more than a quick visit to the emergency ward to treat a leg burn.
4 Don’t scare your pillion.
They won’t have any trust in you if the first time you take them for a ride you hoist it up on one wheel or whittle down your knee sliders in the corners.
As their level of trust rises, you may add these to your repertoire, but always give them a tap on the leg first to broadcast that you are about to do a wheelie (easier with a pillion) or go for a radical lean angle.
5 Communicate.
Rider and pillion communication used to consist of hand signals or, more likely, a vice-like thigh grip from your pillion when they are scared or a whack on the back of the helmet when they want you to stop and let them off.
Agree on a set of signals before you even put on your helmets and mount the bike. You’ll need signals for when you can mount, hazard coming up (bump, sharp turn etc), slow down, speed up, stop, and when to get off.
If it all sounds too complicated, get a Bluetooth communications system. It not only clears up any confusing hand signals, but also means you can enjoy a chat with your pillion.
6 Be smooth.
Anyone who has ever carried a pillion will be aware of “helmet bump”.
As you accelerate, your pillion tenses their stomach muscles and pulls themselves forward. Your pillion doesn’t know when you are going to change gears, so they stay tense. As soon you dip the clutch, momentum slightly lags and they naturally rock forward, banging their helmet into yours.
There are two ways you can prevent this.
First is to be smooth with your gear changes. The second is to move your head and shoulders forward as you pull the clutch in, leaving the lower part of your back as a buffer to soak up your pillion’s forward movement.
After a while, most pillions learn to listen to the engine revs and brace themselves for the coming gear change.
The “pillion in a million”
7 To lean or not to lean.
Of course, pillions shouldn’t lean opposite to the rider.
But some riders tell their pillion to lean into the corner with them.
I don’t agree as you never know how much they will lean and therefore how tightly the bike will corner.
It’s best to tell them to remain fairly still throughout your journey. In fact, advise your pillion that any fidgeting can cause instability and a possible topple, especially at slow speeds and when stopped at the traffic lights.
8 Suspension adjustment.
Most bikes have their suspension set at the factory for the “standard rider” weight of about 80kg. If you weigh substantially more or less, you should make suitable adjustments to the suspension.
However, a pillion changes the load even more significantly. A rider might vary several kilograms above or below the standard rider weight, but a pillion can more than double that difference.
Also, the centre of gravity is now much higher and further back, which will upset the handling and make the steering light.
If your bike has suspension adjustment, make sure you use it. Usually pumping up the preload on the rear spring is enough.
If there is no adjustment and you are going to be doing a lot of two-up riding, it is wise to fit an adjustable rear shock.
Other areas that may need adjustment include the tyres, chain and headlights. Consult your manual for ideal tyre pressures for two-up and how to adjust the chain and headlight beam.
You can reduce handling and steering anomalies by asking your pillion to sit as close as possible to you. Then you will move together in harmony with the bike and better focus the bike’s centre of gravity. But be aware this will prevent you moving around in your seat and you will have to adjust your riding style to suit.
9 Braking.
A pillion’s weight will also reduce braking efficiency.
Not only will the bike take longer to stop, but in a panic situation, your pillion may be flung on to your back. You not only have to support all your weight on your wrists, but also the weight of your pillion. This can cause riders to lose grip on the bars with inevitable consequences.
Also, the rearward weight bias will make the rear brake more effective and less likely to lock up, so use it more. But that does not mean you should use the front brake any less.
10 Gear up.
Just as riders should always wear the right gear, so should pillions.
Your pillion deserves the same level of equipment protection as you.
That also means warm gear when it’s cold, hot weather gear for summer and wets for when it rains.
Riders should also be aware that they block much of the breeze from their pillion, so in summer your pillion is going to need even better ventilated gear.
In winter, riders get some comfort from the heat that comes off the engine, but their pillion may not, so it’s advisable they rug up even more than you.
Bike accessories are also important to a pillion. Luggage will allow them to bring an extra pair of high heels and cocktail dress with them and a sissy bar will provide extra confidence.
However, a loud aftermarket pipe might just be too annoying. Remember, they are a lot closer to it than you. At least put the baffle plug in when carrying a pillion.
Do you have any other pillion safety tips? Leave your comments below.
It also pointed out that 96% of motorcycles stolen did not even have a disc lock.
But are governments and riders the only ones to blame for motorcycle theft?
Sure riders need to play their part. (See a list of things you can do to secure your bike at the end of this article.)
But governments, police, insurance companies, motorcycle dealers and manufacturers can also play their part.
Motorcycle theft has hidden costs for all of these stakeholders. It costs governments in terms of policing, it costs insurance companies in payouts and it costs dealers and manufacturers when customers are turned off riding by theft.
How to reduce bike theft
So what can they do?
Governments could supply more secure parking at bus and train carers for commuters. That means lighting, security cameras and anchor points for motorcycles. They do it for bicycles, so why not for motorcycles?
Insurance companies should encourage riders to fit aftermarket alarms and use approved locking systems. They can do this by reducing premiums for those who comply. Some do, but not all.
Manufacturers should make their bikes more difficult to steal and cut up for spare parts.
While some manufacturers fit immobilisers, Harley-Davidson is the only one that fits a loud alarm as standard.
Harley immobiliser key fob
They could also apply DataDot paint that allows police to trace the owner of a recovered stolen motorcycle and to trace stolen parts.
DataDot is an almost invisible paint that includes a code that is stored on a national database. You can add DataDot to a motorcycle for $200.
Bikes featuring DataDot paint should also feature warning stickers to alert would-be thieves.
And motorcycle dealers should encourage customers to put aside at least $50 to buy an alarmed disc lock rather than forking out hundreds for an aftermarket exhaust!
If everyone plays their part, we can reduce motorcycle theft and save money.
Here’s how you can protect your bike
Use a secure disc lock with an alarm and a reminder cord attached to your handlebars so you don’t ride off with it still in place.
Buy a secure chain so you can anchor your bike to an immovable object such as a lamp post.
If you park your motorcycle outside your house, consider installing outdoor security cameras or a motion sensor light near the bike.
Also, use the steering lock if your bike has one.
Park in a secure location such as your garage or behind a locked gate.
Consider the extra security of using the steering lock, a disc lock or chain as well.
Pull out a spark plug or fuse, or have an immobiliser fitted.
Avoid parking your bike in railway or shopping centre car parks as these are notorious for theft.
Park in a locked carpark. If you have to park in the open, leave it where you can see your bike or in view of a security camera and/or under a light.
Otherwise, keep your bike out of sight, maybe parking it behind your car. If parking in a garage, block the bike with your car and ensure the garage is locked.
Use DataDot, DNA+ or a security tag to identify your bike.
When riding home, make sure you are not being followed.
Stay alert for suspicious vans or trucks driving around late at night. These are used to transport stolen motorcycles.
Put a cover over your bike. It might slow down thieves and prevent theft of accessories. But make sure it isn’t a flashy lone with the brand name of the bike on it. That only entices thieves.
When riding in a group, park your bikes together.
Consider marking your bike in a unique way that could aid in recovery and therefore dissuade thieves.
At hotels or public parking spaces, try to park in view of parking lot security cameras and lights.
Install a motorcycle alarm and/or a hidden kill switch.
Buy a GPS tracking system that can track and relay your bike’s speed, location and direction.
