Motorcycle Filtering on multi lane motorways.

[BillZZR600]

At the risk of awaking a sleeping dragon, a healthy discussion on Motorcycle Filtering has been ongoing for some time on another website, and a poster there has said

In regard to filtering on motorways etc, NEVER, EVER filter between lanes one and two - pure stupidity, and bikers regularly get the wayne kerr handshake from me if I see them doing it. I very nearly took a biker off once when I was in a van because he was going that. I saw the guy filtering between lanes two and three and moved over to make space, didn't check my nearside mirror and very nearly hit the guy racing through on my nearside.

I do however filter between lanes two and three, sometimes at speed (within the limits, but through "flowing" traffic).

To which I have replied

D***,

I have to ask you why not between 1/2 as there is indeed reduced likelyhood to be conflict from other vehicles.
The lane 1 nearside traffic, is only in general having to be aware of offside hazards so is not likely to be moving out without a mirror check (usuall caveat there though and also aproaching on and off slips and junctions ) particularly as it is not having to allow for the nearside checks and the lane two traffic will be anticipating a lane 1/2 swaps and should be watching for that, but out in 2/3 you will have folks moving in all directions with the potential of even more conflict, particularly from folks doing the lane 1 (its for lorries), 2 (I stay here all the time unless I want to go faster) 3 (and I own the fast lane) shuffle who will not have seen you in the offside edge of lane 2.

I will however say up front that the Mways up here are in general twins with 3s only in certain urban sections and that they are in general less congested than down there, (tell that to the q's approaching the M8 Kingston bridge sections in glasgow, which is one of the busiest river crossings in europe at peak times) but the principal maintains.

I will at time filter like the OP (who is himself a biker) in 2/3 but I will do so with even more care than usuall but I wonder at his NEVER EVER stance. what think the rest of our PTW.

[Nigel]

I'm afraid you already know my feelings.

If you can't overtake to the offside....then you can't overtake.

There is absolutely no such thing as "filtering", unless you are in a proper filter lane.

Everything else is either overtaking or undertaking...and its very dangerous, I just can't understand what is so important about your journey that you need to put yourself at such risk

Awaits bashing from bikers ..........

[Nigel]

For those of you that don't frequent the traffic answers forum, here's our very own Sorens reply to a motorcyclist that has just been knocked off his bike by a van doing a U turn, the bike was so called "Filtering" down the outside of stationary traffic.

As is normal with Sorens posts....it contains the lot.......

I'm pleased you are well Dave. You have had a lucky escape.

As you would expect from me, (and not being a fan of 'filtering') I'd be looking to ask you the following questions should I be asked to investigate this collision.

You say "about 5 cars up a blue van moves right out onto the chevrons (broken white line) and I think "Pillock, trying to block me" and slow down to about 20mph. " What was your speed when you got to the 5th car behind, and did you think that this speed, or even 20 miles per hour was an appropriate speed for the circumstances?

What length of skid mark did you leave? and did you brake using both front and rear brakes? What do you believe your impact speed was?

The highway code says "138: Before overtaking you should make sure the road is sufficiently clear ahead." It obviously wasn't, so why did you consider an overtake?

The highway code also says "139: Overtake only when it is safe to do so. You should not get too close to the vehicle you intend to overtake . You should stay in your lane if traffic is moving slowly in queues." Why did you not give any heed to this advice?

The highway code also says (in respect of large vehicles, but is applicable in this circumstance) " You should make sure that you have enough room to complete your overtaking manoeuvre before committing yourself." Was there a point where you could see your overtaking manoeuvre being completed?

The highway code also says "143: DO NOT overtake where you might come into conflict with other road users. For example where traffic is queuing at junctions or road works " Again you have not heeded this advice. Why?

Road safety guidelines are there to make each party consider safety so that in many cases if one person transgresses those guidelines, the other person's correct behaviour may prevent a collision. In this case deviation from advised safe driving has occurred by both parties, hence both IMO should have a proportion of blame to shoulder.

Clearly the other driver has a responsibility to check his mirror and make sure the road is clear prior to making the manoeuvre. But in his own defence he would quite rightly say (quoting H/C) that he really had no reason to expect someone to be overtaking him in such a situation.

In my mind this highlights the major problem of 'filtering'. It asks the average motorist to expect more 'unexpecteds' than they are conditioned through normal driving experiences to expect. You remove your own 'highway code advised' safety net, and therefore depend on other motorists to make road safety considerations for you.

The van driver is probably more to blame in my view than you Dave, but I'd contend that you have to accept that when 'filtering' in such a way, you are automatically putting yourself into the 'blame frame'.

[rlmr]

Read the IAM's book, "How to be and Advanced Motorcyclist (Pass your advanced motorcycle test)" Page 52 - Filtering.

Remember this relates to town situations. Filtering through stationary or very very slow moving traffic on a congested motorway can be achieved without compromising safety BUT lane swapping at 100 mph with inside and offside overtaking of vehicles travelling at 70 mph is Dangerous Driving... not filtering .

regards,

Rennie

[BillZZR600]

I'm afraid you already know my feelings.

If you can't overtake to the offside....then you can't overtake.

There is absolutely no such thing as "filtering", unless you are in a proper filter lane.

Everything else is either overtaking or undertaking...and its very dangerous, I just can't understand what is so important about your journey that you need to put yourself at such risk

Awaits bashing from bikers ..........

Nigel
Motorcycling IS RISKY, but through training and experience we weigh those risks and take a personal judgement, and mitigate them as far as is practicable. Note I did not say Possible as that would eventually bring us to allow only one outcome, not to Motorcycle at all (and if some are to be believed the way we are going at the moment, "for our own and others safety")

But I AM allways Overtaking, (to the outside of lane 1, or 2 or 3 etc) . I would never condone or suggest that I pass any other vehicle kerbside, and suggest that that is Undertaking.
It is simply that I may or may not cross the lane divider (if there is one) whilst doing so, into lane 2, 3,or 4 or are you suggesting that I MUST change lanes rigidly as if on a railway track despite the fact there is sufficiant space for me to pass a vehicle to my nearside without chanhging lane.
Would you do so to pass a Bicycle parked or slow moving at the neerside if there was trafic in the lane to your offside ?


Conversely, because my vehicle is not anywhere as wide or as long as even a very small car, should I be held back and sitting in long collumns of stationary or slow moving traffic, instead of utilising a road space which you are unable to occupy, and thus make sensible but considered progress.

The riding abilities of all riders will vary between dangerously abysmal to safely advanced, just as with drivers, the fact that some riders will filter badly or stupidly or dangerously, should not obviate other road users of their responsibilities to themselves and the less sensible amongst us, any more than I should be oblivious to cyclists or pedestrians who may insert themselves lawfully but perhaps foolishly into trafic flow.

PS Yes it can sometimes be of greater risk than I am prepared to accept, and indeed as speed increases the risk becomes the much greater to the point that I would agree that it c ould be Dangerous. This would occor for me at around 20mph
At that point, even in the eyes of some Class1 riders who would themselves use filtering, it could be potentially be entering into the DWDCA area anyway.

[T.C]

I often have to give lectures on road traffic law and in particular filtering, so where do we stand in terms of road traffic and civil law? Bear in mind that the absolute and specific offence of nearside overtake on a Motorway went out of the window back in the late 70's and was then covered by section 3 of the 72 Road Traffic Act more lately the 88 RTA

One of the main benefits of riding a motorcycle is the fact that unlike our 4 wheeled counterparts, when we come upon lines of stationary traffic, we can still make progress and filter through towards the front of the queue. Filtering has been the cause of many a debate over the years with many arguing about the legitimacy of such an action. So what is the legal position?

Well for those of you who are unsure, let me ask you a question! What is filtering? In simple terms it is an overtaking manoeuvre, and in most cases it is perfectly legal provided:

1 You don’t cross over or straddle a solid centre white line system.
2 You don’t overtake after a “No Overtaking” sign.
3 You do not overtake the lead vehicle within the confines of the zigzags of a pedestrian/pelican crossing as it may have stopped to allow pedestrians to cross.
4 No danger is caused to other road users and no vehicle is caused to alter course or speed.

So in short, providing those 4 conditions are complied with then there shouldn’t be a problem, however when it comes to accidents, civil liability can paint a somewhat different picture.

When a motorcyclist is involved in a filtering accident, most insurance companies will try and use the case law of Powell v Moody which dates back to 1966 to mitigate their losses. In that case a motorcyclist was overtaking a line of stationary traffic and was found to be 80% to blame when he hit a car which was “inching out” into the carriageway after a milk tanker signalled to him to pull out. The court felt that the motorcyclist was undertaking an “operation” which is fraught with great hazard and which needed to be carried out with great care.

In the case of Clarke v Whinchurch in 1969, an overtaking motorcyclist (Moped) in similar circumstances was found to be 100% to blame. The judge ruled that he (the motorcyclist) should have realised something was happening up ahead when a bus in a line of slow moving traffic stopped to let a vehicle out from a side road on his left. The car came out quite slowly in front of the bus and was hit by the moped. (f you are ever involved in a filtering accident, you probably won’t want to quote this case to the other side).

In more recent cases (Leeson v Bevis Transport 1972) the motorcycle and emerging vehicle were found equally responsible. The court said that the motorcyclist did nothing wrong in overtaking the line of stationary vehicles, but needed to keep an effective lookout, whilst the van driver should have been aware of the possibility of vehicles overtaking in this way.

The most recent case of this kind was in 1980 in the case of Worsford v Howe. In this instance the motorcyclist was in a separate lane intended for vehicles turning right, when he was hit by a car which was intending to cross both lanes of traffic and turn right. The court found once again that both rider and driver were equally to blame and settled 50/50.

In filtering cases, the court will when deciding who is to blame will look at:

1 The speed and position of the motorcycle in the road.
2 Whether the stream of traffic was stationary or moving.
3 How fast the other vehicle emerged from the side road or from the line of traffic.

Filtering is an accepted and legitimate practice, and unless there is a case of dangerous or careless driving to answer, or one of the 4 conditions mentioned previously have been breached, then it is very rare that a Police prosecution will follow, but in terms of a civil action, then this is where the real headache can begin.

As it stands at the moment, although some of the most recent cases have found both parties equally responsible, and in some cases they courts have found 100% in favour of the motorcyclist, you have to bear in mind that you could still end up bearing 80% or even 100% of the blame, simply because as the case law stands at the moment, you will probably not recover your damages in full.

So to sum up, filtering in most cases is perfectly legal, is accepted as being a benefit of riding a motorcycle and is something that just about every rider has done at some stage without any problems, but, should you be unfortunate to have a collision whilst filtering, then just be aware of the pitfalls you are likely to encounter until such time as current case law is updated.

[Nigel]

Thanks TC.

I have just gone back to riding after a gap of nearly 20 years.

I was hurt in my youth whilst filtering, I got away with it,legally, I suffered a broken leg personally, but being older and more experienced now, I can see how lucky I was.

My brother was very badly hurt much more recently whilst filtering.

I'm an advanced driver, and observer just waiting for his senior observer test, and I can still be taken by surprise when some of these chaps do this so called fitering.

If filtering is part of the advanced motorcycle course, and it requires me to overtake anywhere other than the offside of a motor vehicle, then there is almost no point in me doing the course, which is a shame, as once my senior car test is out of the way I was going to sigh up.

I honestly think it can be a reasonable move, but has been hijacked and missused, to the point where I can't generally support it.

[kawasaki_dave]

Ah, well, me thinks someone has forgotten I'm registered on here to!

That filtering motorcyclist was me!

To "even the score" a little, I thought maybe a cut and past of my reply to Soren would be appreciated on here as well....

As promised Soren, I'll do my best to reply to your points. You're against filtering, and you investigate accidents for a living, so I don't stand a chance of convincing you, but I'll waste my time anyway


Quote
You say "about 5 cars up a blue van moves right out onto the chevrons (broken white line) and I think "Pillock, trying to block me" and slow down to about 20mph. " What was your speed when you got to the 5th car behind, and did you think that this speed, or even 20 miles per hour was an appropriate speed for the circumstances?

My speed was approximately 30mph and braking as I was pretty much at the back of the queue and just coming upon it (I had passed maybe two or three cars)!
My speed in regard to 20mph was in my opinion appropriate. I had no reason to believe any other vehicle was going to enter the hatched area and drive into my path which was clear as far as the eye could see.


Quote
What length of skid mark did you leave? and did you brake using both front and rear brakes? What do you believe your impact speed was?

There is no visible skid mark on the road, and the section of tyre I believe may have skidded is no more than a few centimetres long. I braked using both brakes whilst also sounding my horn. I would estimate impact speed to have been 10 - 15 mph.


Quote
The highway code says "138: Before overtaking you should make sure the road is sufficiently clear ahead." It obviously wasn't, so why did you consider an overtake?

Yes, it was. The other vehicle entered my path during my manouvre.


Quote
The highway code also says "139: Overtake only when it is safe to do so. You should not get too close to the vehicle you intend to overtake . You should stay in your lane if traffic is moving slowly in queues." Why did you not give any heed to this advice?

I had no oncoming traffic and the addition of a hatched area to use to overtake. As a motorcyclist it is standard practice (and recognised in both the DSA's Motorcycle Riding book and Motorcycle Roadcraft). The size of a motorcycle makes overtaking in such situations far more of an option than it would be in a car or other vehicle with four wheels. I had at least 1 metre between myself and the line of traffic I was overtaking.


Quote
The highway code also says (in respect of large vehicles, but is applicable in this circumstance) " You should make sure that you have enough room to complete your overtaking manoeuvre before committing yourself." Was there a point where you could see your overtaking manoeuvre being completed?

Having undertaken advanced instruction and being a reasonably experienced motorcyclist I always ensure I am scanning far enough ahead to see places where I can rejoin the line of traffic should the need arise.


Quote
The highway code also says "143: DO NOT overtake where you might come into conflict with other road users. For example where traffic is queuing at junctions or road works " Again you have not heeded this advice. Why?

The only way I could have come into conflict with another road user would have been (as is the case) the other road user entered my path. had he indicated his intention to do so, I would have taken the appropriate steps.


Quote
Road safety guidelines are there to make each party consider safety so that in many cases if one person transgresses those guidelines, the other person's correct behaviour may prevent a collision. In this case deviation from advised safe driving has occurred by both parties, hence both IMO should have a proportion of blame to shoulder.

I disagree. I was performing a safe and legal manouvre, recognised by Motorcycle Roadcraft, Motorcycle Traffic officers, and pretty much any motorcyclist you may meet. Another vehicle, without indication, entered my path without performing the correct and necessary observations and accelerating while performing his manouvre.


Quote
Clearly the other driver has a responsibility to check his mirror and make sure the road is clear prior to making the manoeuvre. But in his own defence he would quite rightly say (quoting H/C) that he really had no reason to expect someone to be overtaking him in such a situation.

The Highway code is a set of (mostly) guidelines. It is not exhaustive and is, in affect, best practice. The real world is somewhat different. Whilst motorcyclists are (and are likely to always be) the minority, even anti bike people have to accept our prescence on the road, and more importantly, be aware of it at all times - I believe you'll find the Highway Code Rule 187: It is often difficult to see motorcyclists and cyclists especially when they are coming up from behind, coming out of junctions and at roundabouts. Always look out for them when you are emerging from a junction.
Accepted, he wasn't emerging from a junction, but the observations needed to perform a U turn are just as important and relevant.


Quote
The van driver is probably more to blame in my view than you Dave, but I'd contend that you have to accept that when 'filtering' in such a way, you are automatically putting yourself into the 'blame frame'.

I'd be interested to know what you mean by "filtering in such a way"
I was well within the speed limit, and a speed I considered safe for the circumstances. I had a 1 metre gap between myself and the vehicles I was passing, meaning that should anyone in that queue perform a mirror check, I would be clearly visible. I had my dipped beam headlights on. The road was dry and visibility good. And perhaps most importantly, I was heeding the advice given on paghe 140 of Mtorocycle Roadcraft in regard to filtering.

Like I said in my opening paragraph, I have little doubt you will, as an experienced investigator (and anti filtering type ) be able to pick holes in all of my answers. I bid you good luck - fortunately you are not the one apportioning blame in this case (that I know of, and if you are, can we have a chat about ethics? ).

However, I do hope that my answers have gone some way to explaining my actions to you, and the actions of so many other motorcyclists day in day out!

Oh, and finally, a couple of quotes from the Thames Valley Police website showing that it can happen to the very best of us....

Quote
A 32-year-old experienced motorcycle instructor was filtering to the offside of rush hour traffic in Milton Keynes, when a vehicle ahead in the queue moved out slightly so the driver could see ahead. This caused the rider to swerve to the offside and collide with an oncoming car.


Quote
Lane filtering
Motorcyclists will often filter between lines of traffic held in queues. Motorways and dual carriageways are the most common, although in any heavy traffic you are likely to see motorcycles passing between the lanes. Most are responsible and keep to speeds that are generally safe although there are riders that travel too fast for the conditions.

If you are considering a lane change, for whatever reason, make certain that you do not turn into the lane too quickly. Keep the view to the rear available in the door mirror and search for the motorcycle that may be filtering between the lines of traffic. Turn too quickly and without looking behind and you may not see the motorcyclist until he or she has hit you. Always use your indicators.


To save anyone the time and trouble of copying and pasting the entire thread from one forum to the other, by all means take a look at the thread here.....

http://www.traffic-answers.com/forum/in ... pic=4215.0

Of course all opinions (even Nigel's) are welcome, but with all dues respect, I've done the being interrogated by Police officers now - most answers you will want are in the thread somewhere!

[rlmr]

I think we all have to bear in mind that one is looking for a drive which is safe, smooth, progressive and with some polish.

Nigel, "filtering" is not necessarily part of any course. It is a method of dealing with a set of circumstances to ensure you can be safe smooth and progressive (in that order). For example I advocate (for cars and bikes) getting out for a look in advance of overtaking... but that does not mean blindly pulling out in the path of an oncoming vehicle. Similarly with filtering the circumstances would have to be right.

To put things in to perspective I have been fortunate enough to conduct IAM tests all over Scotland and have even conducted a few in Wales and England. I have never had a situation where the candidate has required to filter... maybe I have been lucky or maybe I choose good routes? Personally I am more interested in a riders ability to display advanced riding in town and open roads... not through miles of traffic jams on congested dual carriageways and motorways - these are just necessary evils.

Anyway... if you have a problem locally, head to Bonnie Scotland with your bike and I'll be happy to provide you with some challenging roads over which I would be happy to conduct your test and I could virtually guarantee that filtering would not be a consideration

To the others posting in this thread... do not get too hung up on this one topic... but it is nice to see some discussion.

Interesting points on the differences between civil and criminal law, both of which draw much from stated cases... but a stated case only holds water till it is superseded by a subsequent stated case and these case be quite fickle decisions by the Law Lords. Surely it is far better to uses ones skills and try to avoid being the subject of the next stated case

Once again I am really glad I live where I do

regards,

Rennie

[BillZZR600]

Rennie you are very very lucky to live where you do but I can think of at least 2 places where I have indeed filtered through your hometown to avoid sitting stationary in long lines of deisel belching trucks, tractors etc at traffic light controlled junctions.


I had definately not intended this thread to go into the specifics of KD's incident, or what constitutes Filtering and its legitimacy.

However, my original question remains :-

What is the general opinion of experianced and indeed highly qualified Motorcyclists as to the assertion that one should Never Ever "overtake" between lane 1+2 on a multilane slow moving and queing congested or stationary MW or DC but always use 2/3 ?

It is indeed a question I have often mused over when I have been asked, when tutoring other motorcyclists, on the basis that it (filtering) is recognised by both the IAM, RoADAR, and Roadcraf, about what is the safest way (notwithstanding peoples assertions that it is inhearantly risky and should not be done and the usually caveats with regards observations, speed and stopping distances) to filter in busy urban multilane traffic.

[rlmr]

Hi Bill,

I'll try to cover the points you raise...

The IAM publication specifically mentions filtering and the considerations required when performing this, in town / city traffic. (p52 HTBAAM / PYAMT)

For Lane Discipline see HC Rule 116 - 117 for Dual and Rule 238 for M'way. For M'way overtaking see rule 241 & 242.

So that's the answer you'd expect from an Examiner

And for a reality check:
I get nervous when filtering (today an elderly gent pulled out from a side road, right in front of me, when I was cycling into St. Andrews - I was wearing my High Vis motorcycle blouson jacket and I am 6'4" tall - thankfully my mountain bike has hydraulically operated discs front and rear) folk do not see bikes (pedal or motor).
When Chris and I were on route to Austria we filtered through many Kms of very slow / stationary traffic on the Autobahn. 90% of the other road users were very courteous and pulled over, inviting us to pass... they do seem more observant than the UK drivers.
However I considered and planned my manoeuvre to be an overtake on the offside of the vehicle in front of me in lane 2, not an undertake of the vehicle in lane 3. Additionally the traffic was stationary or almost stationary. The minute the traffic was moving we fell into line and only passed via a full overtake involving full lane occupancy.

Regarding filtering locally... I might nip through the side streets to avoid the traffic light queues, but with all the parked cars and pedestrians I can't honestly say I have seen safe circumstances in Cupar... not that I doubt your filtering would have been safe and considered.

Have I answered everything

Rennie

[BillZZR600]

Renie,

Yes Thanks