Split opinion
The practice of lane splitting, lane filtering, white lining, or riding through traffic on a motorcycle is legal in South Africa. Many places in the world expressly prohibit this, but Section 298 of the National Road Traffic Regulations of 1999 allows a motorcycle to pass another vehicle in the same lane (either to the right or the left of the other vehicle, subject to certain provisions).
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The act's wording has left the practice open to interpretation by riders, motorists and law enforcement, leaving many in a grey area. Let's look at the Act itself and see what the legalese has to say and how motorcyclists and motorists can share the road without animosity.
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The law says...
Article 309: Duties relating to motor cycle or motor tricycle
- No person shall drive a motor cycle or motor tricycle on a public road unless his or her feet are resting on the front foot-rests suitable for the purpose and, where the design of such motor cycle or motor tricycle makes it possible to do so, he or she is seated astride on the saddle of such motor cycle or motor tricycle.
- No person shall on a public road carry a passenger on a motorcycle unless such cycle has an engine with a cylinder capacity exceeding 50 cubic centimetres and unless such passenger is seated in a side-car or astride on a pillion attached to such cycle and, in such latter event, the feet of the passenger are resting on foot-rests suitable for that purpose.
- Subject to the provisions of sub-regulation (2), not more than two persons shall ride upon a motorcycle on a public road, excluding a person in a side car attached to such a motorcycle.
- Not more than two adult persons shall be carried in a side car attached to a motorcycle on a public road.
- No person or animal or object shall be carried on a motorcycle or motor tricycle on a public road in front of the driver thereof: Provided that an object of a non-bulky nature may be so carried if securely attached to the motorcycle or motor tricycle or placed in a suitable carrier fitted thereon for that purpose and carried in such a way as not to obstruct the driver's view or prevent his or her exercising complete control over such motor cycle or motor tricycle;
- (a) Persons, other than traffic officers in the performance of their duties, driving motorcycles on a public road, shall drive in single file except in the course of overtaking another motorcycle, and two or more persons driving motorcycles shall not overtake another vehicle at the same time: Provided that where a public road is divided into traffic lanes, each such lane shall, for the purposes of this paragraph, be regarded as a public road.
- (b) For the purposes of paragraph (a), a motor cycle shall include a motor tricycle
- No person driving a motorcycle or motor tricycle on a public road or seated on such motor cycle or motor tricycle shall take hold of any other vehicle in motion.
- Any person driving a motorcycle or motor tricycle on a public road shall do so with at least one hand on the handlebars of such motor cycle or motor tricycle.
- Any person driving a motorcycle or motor tricycle on a public road shall do so in such a manner that all the wheels of such motorcycle or motor tricycle are in contact with the surface of the road at all times.
Article 298:
- Subject to the provisions of sub-regulation (2) and (4) and regulation 296, the driver of a vehicle intending to pass any other vehicle proceeding in the same direction on a public road shall pass to the right thereof at a safe distance and shall not again drive on the left side of the roadway until safely clear of the vehicle so passed
- Provided that, in the circumstances as aforesaid, passing on the left of such vehicle shall be permissible if the person driving the passing vehicle can do so with safety to himself or herself and other traffic or property which is or may be on such road
So the legalese here is that, yes, it's legal but the how and when is not specifically covered, leaving the aforementioned grey area that is open to interpretation by riders and drivers.
What this means for motorists
Bikers are absolutely allowed to pass you on either side as long as they stay in the lane you are both occupying and do so safely. There is no legal obligation to move out of the way on behalf of the driver, apart from staying in their lane and indicating when moving to another lane. Motorists may not make any reckless moves or endanger the lives of others on the roads. Intentionally blocking or hindering a motorcyclist in a way that could cause harm to the rider is illegal.
- Get off your cellphone!
- If you see a biker approaching give them the room to pass, they are not in a car taking up traffic space so be thankful!
- Don't purposefully block or antagonise bikers out of spite, they are just trying to get to their destination and are not out to get you, just let them go.
What this means for bikers
- As a biker the onus is on you to ride in a manner that is safe and courteous this means travelling at an appropriate speed in relation to the traffic around you. What this means is that if the slow-moving traffic is doing 40km/h you should not be doing 120km/h as that is reckless.
- Do not be aggressive toward drivers as they may be completely oblivious to your presence.
- Riders should not weave back and forth between lanes.
- Don't ride in blind spots for prolonged periods.
- On the freeway, the best place for lane splitting is between the fast lane and middle lane as that is where most motorists are expecting you to be.
- Avoid riding in the emergency lanes.
- Don't force your way through - be aware of the space you have available for your bike.
- Be cognizant of your surroundings at all times, you have to be constantly vigilant of the vehicles and space around you to avoid accidents.
- Just because you can doesn't mean you should, if you are not confident in the situation don't do it and if the traffic situation is unstable avoid lane splitting for safety's sake.
Hello Officer....
With respect to possible law enforcement action, keep in mind that it will be up to the discretion of the law enforcement officer to determine if riding behaviour while lane splitting is or was safe and sensible or reckless and dangerous.
