What's the legality on "brake checking"?

Page 3 / 3
philltauranga, Oct 24, 9:45am
So I assume the right hand lane you were originally in was stopped, waiting for the car ahead to turn right?
Then you decided to pull over into the much faster moving left lane while going much slower, straight into the path of the vehicle you were rammed by?
If you were in the right hand lane to start with then that would be overtaking in the left lane, did you slowly drive into the vehicles path and he could not stop in time or somthing like that?

Its a problem that happens alot to trucks, at intersections or on motorways, as soon as the lane beside the truck starts to go much slower people drive straight into the trucks safe following distance at a much slower speed than the truck, and if he can't stop in time and hits them, then they try and blame him for it, a good reason to have a drive cam.

marte, Oct 24, 6:09pm
Its hard to explain and stil be sure that I have covered every detail.
It was a red light, the lane I'm in, the left lane of course is unused.
The car that rammed me was in the right hand lane behind a right turning car.
Once I got the green light, which turned green just as I of there, I went thru the intersection, passing all of the cars in the right hand/right turning lane.
He got out of that lane into the left hand lane and drove forward fast into the back of my van 5 odd car lengths past the intersection, as I was moving forward.

I got a ticket for ' passing on the left' of the cars in the right hand turning lane.

philltauranga, Oct 24, 6:32pm
Hmm does sound unusual, I could understand if you were in the right lane to start with, but being in the left lane, seems strange to be ticketed for passing the cars in the right lane.

pauldw, Oct 24, 7:47pm
AFAIK if you have separate lanes there is no such offence as passing on the left. You would only have problem if you were using a left turn only lane to go straight ahead. Even that wouldn't be an excuse for someone to pull in behind you and ram into you.

marte, Oct 25, 4:20am
In hindsight I should have went to Court and disputed it, my timing was bad at the time.
I think I missed getting the first ticket and assumed (yes I know, i know… :-) that a Police officer could not get a basic traffic rule (keep to the left) wrong, what with having to get a driving license to start with, keeping it, doing proper Police intensive driving training, tax paid classes on the NZ road rules, Policing them and passing those tests too, and learning correct Court procedure as well.

I should have known right from the start.

pauldw, Oct 25, 5:44am
2.8 Passing on left
(1)
A driver must not pass or attempt to pass on the left of another vehicle moving in the same direction except in accordance with this clause.
(2)
In any case in which the movement referred to subclause (1) may be made,—
(a)
the 2 vehicles must be in different lanes; or
(b)
the overtaken vehicle must be stationary or its driver must have given or be giving the prescribed signal of that driver’s intention to turn right; or
(c)N A

(3)
If the roadway is marked in lanes, the driver may make the movement referred in subclause (1) only if the driver’s vehicle does not encroach on a lane that is unavailable to a driver.

In your case 2 a & b should have both applied. Usually the cop arrives after the event. Parked some distance from the intersection he may have thought the left lane wasn't for through traffic (3) or somehow got the impression that you forced your way into the merge onto other side.

supernova2, Oct 25, 10:09am
Is there any provision within the system to contest the validity of a traffic ticket after you have paid the fine? Must be something you could do as from what has been said the alleged offence simply didn't happen.

marte, Oct 26, 1:45am
Nah, it was a while ago now.
If something like that happened again, I could raise it in Court if disputing the different ticket/charge though.

marte, Oct 26, 1:50am
And I raise you.
{Keeping left on a laned road

Most roads in New Zealand have lanes marked on them with a white line or raised studs.

When driving on a laned road, it is important to drive your vehicle within your lane.

Where there are two or more lanes on your side of the centre line:

keep in the left-hand lane as much as you can
don't use the lane closest to the centre line if you will hold up other vehicles.
The lane closest to the centre line should only be used when:

you want to pass another vehicle
you want to turn right
the left-hand lane is full with other traffic or is blocked.}

Basically, he was in the wrong lane to start with.
If somebodys in the wrong lane, that does not mean that the rules change for everybody else on the road.
He actually had to shift out of the right hand/right turning lane, to get into the correct lefthand lane, to cross the intersection, before speeding up to drive into the rear of my van, intentionally.
He did this movement to get into the left hand lane, and there was only one lane on the other side of the intersection.

http://www.nzta.govt.nz/assets/resources/roadcode/gfx/changing-lanes-at-intersect.jpg
If there was a 'lane merge', he has to let the car on the left go first anyway, not that there was, there's only one lane and he was behind me before I got to the intersection anyway.

He had some mental problems I think.
And a nice red late model 'sports' car.
Now he is driving a rusty old jap import from the 80's.

bill-robinson, Oct 26, 7:34am
just say to the cop.'I drive on the left as required by law, along comes you, a policeman and gives me a ticket for obeying the law' makes sense

headcat, Oct 26, 2:46pm
Double edged sword. or would the evidence of your own mistake be destroyed?

tweake, Oct 26, 4:18pm
i see there is a few anti tamper kits for dash cams so drivers can't delete the footage.
but its a good thing knowing its going to record your mistakes, your less likely to do stupid stuff.

daz59, Oct 27, 11:10am
So if you are following the 2 second rule you have two stop in 1 second ?

gsimpson, Oct 28, 3:59am
They can respond to lights. I had a car on a motorway at 120kmh so close I couldn't see their grill. I turned on the fog lights and did they back of when they nailed their brakes. Came past me later very agitated. It helped the car had the fog lights built into the rear cluster so looked like I had hit the brakes.

gammelvind, Oct 28, 6:57am
The whole 2 second idea hadn’t come about at that time, I do like it as it’s so easy to work out, but at that time, 1969, the talk was stopping in half the distance ahead, which I guess amounts to 3 or 4 seconds following distance.

hkjoe, Dec 12, 5:41am
Is it true that hard core Labour voters never drive the right-hand lane, or do a right-hand turn? Are they the ones that speed up in the left-hand lane of an overtaking section, to other's annoyance?