Truck Driver Tailgating?,...in the "Nanny State"..Yeah right.

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Originally Posted by Mick_Marsh

This is Australia, mate. The particular incident was in Victoria.
Last I saw, Victoria was not a part of the UK or EU.
We have different road rules. If you are a resident of this great country, I suggest you read them.
As has been pointed out. the car driver was not breaking any road rules. (Read rule 130 quoted earlier in this thread.)
The truck driver, however, did.
This is supported by the fact the police want to charge the truck driver with driving offences and have shown no interest in the car driver.

I am amazed by the lack of understanding of the road rules by the number of participants in this thread. If we extrapolate the numbers to the wider driving community, there must be millions who have no idea what the road rules are.
Maybe we should have yearly drivers licence testing.

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Mr Marsh

You read the rule as that the right hand lane is for overtaking so, any lane to the left of that lane is OK to drive in. However, as stated previously, we are driving in Australia so we are permitted to overtake on the left as well.
Seeing that this is the case then, if on a 3 lane or more highway, any lane, even the far left lane, can be deemed an "Overtaking Lane" hence the requirement to use the far left lane if not overtaking.

Even if you don't agree, which I'm sure you will [bigwhistle], common courtesy should prevail but seems to have gone on holidays with common sense.

I don't, in any way, condone the truckies driving, but nor can I see the rationale of the car driver. Even if the car driver was aware of the moot rules, they aren't much aware of how to drive in a safe manner!

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Originally Posted by CraigE

The problem is each state has variations in the rules. Really time for national road rules, but not just adopting NSW's rules either.
In WA the keep left rule only applies in multi lane carriageways with a posted speed limit above 90kmph. 90 or below you can travel in either lane.
Above 90 eg highways and freeways becomes a little more clouded. The road rules state you must keep left when overtaking full stop and state you must keep as far left as practicable. In my interpretation that would be the far left lane. But there are legal exceptions to this as outlined in the WA road rules:
Penalties
Failing to keep left in a multi-lane road = 2 demerit points and $50 fine.
On single lane roads you must drive as far to the left as practical (except motorcyclists). On multi-lane roads if the speed limit is 90km/h or more you must drive in the left lane. This same rule applies to any road where there is a ‘keep left unless overtaking’ sign. On these roads you can only drive in the right hand lane if:

• you’re turning right or making a U-turn;
  
• you’re overtaking;
  
• the left lane is a special purpose lane, e.g. bus lane, bicycle lane, slow vehicle turnout lane;
  
• the left lane is a turning lane and you are going straight ahead;
  
• you’re avoiding an obstruction;
  
• you’re not driving a vehicle of a type that is prohibited from the right lane by way of signs (i.e. trucks);
  
• the other lanes are congested with traffic.
  
  What also may be open to interpretation is when are you actually passing eg. Is it safer for me to stay in the right lane when sitting on the speed limit and overtaking slower traffic with gaps of say 100m between cars? Or should I continually change lanes and end up weaving? IMHO the first option is the safer.

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Yep. That is the rule for single lane roads. Rule 112 in WA's road rules.

https://www.slp.wa.gov.au/pco/prod/filestore.nsf/FileURL/mrdoc_37027.pdf/$FILE/Road%20Traffic%20Code%202000%20-%20%5B05-d0-00%5D.pdf

This thread is about your rule 113.

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113. Restriction on use of right lane
(1) In this regulation —
marked lane does not include —
(a) a lane set aside exclusively for vehicles making a left or right turn; or
(b) a special purpose lane; or
(c) any other lane that is not for the use of general traffic on the carriageway; or
(d) a slow vehicle turn out lane;
right lane, in relation to 2 or more marked lanes that are available exclusively for vehicles travelling in the same direction, means the marked lane that is further or furthest to the right side of the carriageway;
slow vehicle turn out lane means a lane or a part of a lane to which a “slow vehicle turn out lane” sign applies.
(2) This regulation applies to a driver driving on a carriageway that has 2 or more marked lanes available exclusively for vehicles travelling in the same direction where —
(a) the speed limit is 90 km/h or more; or
(b) a “keep left unless overtaking” sign applies to that part of the carriageway, or both.
(3) A driver shall not drive the vehicle in the right lane unless —
(a) the driver is turning right, or making a U turn from the centre of the road, and is giving a right turn signal; or
(b) the driver is overtaking; or
(c) a “left lane must turn left” sign or left traffic arrows apply to any other lane, and the driver is not turning left; or
(d) the driver is required to drive in the right lane under regulation 137; or
(e) the driver is avoiding an obstruction; or
(f) the traffic in each other lane travelling in the same direction is congested; or
(g) there are only 2 marked lanes and the left lane is a slow vehicle turn out lane.
Points: 2 Modified penalty: 1 PU
(4) A “keep left unless overtaking” sign applies to a length of carriageway beginning at the sign and ending at the nearest of the following:
(a) an “end keep left unless overtaking” sign;
(b) a road sign or road marking that indicates the carriageway is no longer a multi-lane carriageway;
(c) if the carriageway ends at a T-intersection or dead end — the end of the carriageway.
(5) The CEO, by notice published in the Gazette —
(a) may declare that this regulation does not apply to the driving of a vehicle on a carriageway described in the notice; and
(b) may vary or revoke a previous notice under this subregulation.

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There it is again. The driver shall not drive in the r/h lane. Nothing about keeping to the left which is what you must do if it is a single lane road.

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Originally Posted by Mick_Marsh

Yep. That is the rule for single lane roads. Rule 112 in WA's road rules.

https://www.slp.wa.gov.au/pco/prod/filestore.nsf/FileURL/mrdoc_37027.pdf/$FILE/Road%20Traffic%20Code%202000%20-%20%5B05-d0-00%5D.pdf

This thread is about your rule 113.

There it is again. The driver shall not drive in the r/h lane. Nothing about keeping to the left which is what you must do if it is a single lane road.

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The section I quoted is straight out of the learner driver handbook hard copy and electronic online. So I would say a combined and simplified version of both rules as it does state single and multi lane roads.

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Originally Posted by Saitch

Mr Marsh

You read the rule as that the right hand lane is for overtaking so,

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Rule 130(2)(C) is the rule to read for this.

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Originally Posted by Saitch

any lane to the left of that lane is OK to drive in.

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Show me the rule that says you can't. I cannot find one, so it must be OK.
If I was to be caught driving in any other lane other than the r/h lane, what would I be charged with? What would I be fighting in court?

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Originally Posted by Mick_Marsh

This is Australia, mate. The particular incident was in Victoria.
Last I saw, Victoria was not a part of the UK or EU.
We have different road rules. If you are a resident of this great country, I suggest you read them.
As has been pointed out. the car driver was not breaking any road rules. (Read rule 130 quoted earlier in this thread.)

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Did I say the middle lane driver was driving illegally. The keep left unless overtaking rule is common sense that goes missing round here.

Yes Australia is a great country, love it, but the drivers have been bloody slow to figure out benefits of KLR and very quick to pick up undertaking.

We even have stretches of motorway with huge signs that say KL and still you will find switched off cruisers side by side holding the right and middle lane with the left completely clear.

I admit, it irritates me more than it should.

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Originally Posted by CraigE

The section I quoted is straight out of the learner driver handbook hard copy and electronic online. So I would say a combined and simplified version of both rules as it does state single and multi lane roads.

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You will probably find there is a disclaimer printed at the front of the handbook. There was in the one I looked up on line.

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This handbook is a guide to safe driving and an interpretation of the law.
It is NOT the law, but a simplified version of the road law as defined in the Road Traffic
(Administration) Act 2008, including the Australian Road Rules that apply currently in
Western Australia. It does not include all the traffic regulations and is not intended to be
used as a legal document.

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It's best to consult the rules. They're more comprehensive an the version that is used by the police and in the courts.

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Originally Posted by manic

Did I say the middle lane driver was driving illegally. The keep left unless overtaking rule is common sense that goes missing round here.

Yes Australia is a great country, love it, but the drivers have been bloody slow to figure out benefits of KLR and very quick to pick up undertaking.

We even have stretches of motorway with huge signs that say KL and still you will find switched off cruisers side by side holding the right and middle lane with the left completely clear.

I admit, it irritates me more than it should.

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Yes, it would be good to see more common sense to be used in our road rules. The rules in relation to roundabouts would be the first ones I would apply this new common sense law to.
Unfortunately, we have what we have. To hold a licence in Australia you must know and understand these rules. If you can't, perhaps it's time to hand in the licence.

Oh, it doesn't irritate me. It's a circle of influence/circle of concern thing. (Thanks Gav.)

I think that common sense and courtesy can be quite a different thing to the road laws/rules.
For instance it is Not illegal to tow a caravan at 70-80k's and choke up a highway and there is no "legal" obligation for the driver of the car towing the van to pull over and let the traffic go around But this happens quite often.
This is just one example of where common sense and courtesy comes into play, Unfortunately there are far too many self entitled jerks that can't or won't embrace the concept of using their common sense and being courteous to other road users.

So, in the final analysis, it appears that many headstones should include the line; "But s/he had right of way!" or "S/he wasn't breaking the rules!"

I would hazard a guess that more people on the roads die, or are injured through ignorance and stupidity, than most other causes.

And driving with headphones on should be immediate licence suspension and car crushing! :soapbox:

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Originally Posted by Mick_Marsh

Rule 130(2)(C) is the rule to read for this.

Show me the rule that says you can't. I cannot find one, so it must be OK.
If I was to be caught driving in any other lane other than the r/h lane, what would I be charged with? What would I be fighting in court?

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Yea, it's hard but I reckon a bad-day Plod could consider that, even if you were left of the far right lane but there was also a lane to your left, you are failing to keep left.
All the keep left rules posted here seem to only cover a double lane scenario not multiple, like the M1, Brissy to Gold Coast, or am I missing something in the context?