Yesterday police in Brisbane were handing out fines to bikers lane filtering along roads that have roadworks. I would like to remind riders that there is NO LEGISLATION stating that it is illegal to lane filter along road works.
The following link is the QLD road rules legislation. The relevant sections are 151A and 151B:
If the speed limit is reduced to below 90km/hr due to roadworks, then it is illegal to cross the solid edge line (i.e., use the emergency lane / shoulder) to filter. However there is no legislation that states filtering down the middle of traffic along roads that have roadworks is illegal.
The only section police might be able to fine you for is section "151A-3-d: it is not safe to lane filter", however this is very ambiguous. The MRAQ has released an article regarding this law, stating:
"The general rule for interpretation of any abridged wording is that it should be read as what any reasonable person understands is meant by the term or wording. This is how a judge would consider it if the question of clarification was asked.The answer that was offered from the QTMR when we sort definition was exactly that, “what a reasonable person understands as safe”.
I bet you not one biker fined yesterday for filtering down the middle along roadworks thought they were doing anything unsafe or illegal. I'd like to point out that I believe cops in general are pretty awesome, I've never had a bad experience with the police. However there will always be a minority giving the police a bad name, and unfortunately I see this as an example of enforcement of the law without understanding of its meaning or regard for its safety intention in the aims of raising revenue and meeting quota.
If you have been fined, the MRAQ article linked above describes the steps to take to try to have the fine overturned. I also advise that you always keep a copy of the legislation linked above on your phone in the event you need to refer to it.
Please share this post to get the message out to affected riders.