arthur chesterfield evans nsw democrats member of the legislative council
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Adjournment Speech


Date:
31st March

Subject:
Bus Lanes Motorcycle Use

"
I draw the attention of the House to a police operation that was undertaken early on the morning of 2 March this year in the bus lane that feeds off the Harbour Bridge into York Street, Sydney. It has been reported to me by one eyewitness that on that morning at least a dozen motorcycle riders were fined coming off the bus lane into York Street. I would like the Minister to give me an exact figure as to how many people were charged at that spot on that day as a result of the operation, because I believe that the total number is likely to be very much higher.

I point out that motorcycles are permitted to use bus lanes, along with taxis, hire cars and bicycles, according to the current Roads and Traffic Authority [RTA] rules. One rider who was charged, and who saw many other motorcyclists pulled over that morning, had ridden this exact route on countless occasions every weekday morning, as had hundreds of other motorcyclists. Over the years the rider had even been waved through several police operations in exactly the same spot whilst officers were fining drivers who thought they would chance their hand and break the law by using a bus lane.

Imagine our law-abiding rider's astonishment when signalled by police to pull over and join several other riders being booked simultaneously. Clearly the other riders were angry and confused, uttering phrases such as, "This is just a revenue-raising exercise" before riding off in disgust. This story gets better. These riders had not been charged with riding in a bus lane, because, as one police officer said, it is perfectly legal for motorcyclists to use a bus lane that is not a bus-only lane. Their infringement notices stated "Disobey No Entry Sign". The law permits motorcyclists to use the bus lane from North Sydney all the way across the Sydney Harbour Bridge to traffic lights at the beginning of York Street, where they are confronted with a sign that reads "No Entry—Buses and Taxis Only—6.30 a.m.-9.30 a.m. Mon-Fri".

For the benefit of honourable members, on the way to this "No Entry—Buses and Taxis Only" sign, in the morning peak period the bus lane narrows from two lanes into one by way of some moveable median strips, which means that motorcyclists are effectively funnelled into one lane by RTA traffic managers—not police—with no possible means of turning around, changing lanes or exercising any option except to go through the "No Entry" sign, unless the rider wants to risk a hire car, taxi or bus slamming into the rear of their motorcycle.
Logic dictates that if this lane is not a bus-only lane—which, clearly, it is not—the "No Entry" sign should be much larger and it should read "No Entry Buses, Taxis, Hire Cars and Motorcycles Only 6.30 a.m.-9.30 a.m. Mon-Fri", because upon entry to the bus lane at Falcon Street, North Sydney, or thereabouts, the large bus lane sign clearly states that only buses, taxis, hire cars and motorcycles are permitted to use the lane. As I said, this leads the motorcyclist and the hire car driver straight into the lane ending at the ridiculous "No Entry" sign at the beginning of York Street. The riders did not report any hire cars being pulled over, but clearly the police interpretation of this sign means that hire cars using this lane should also be fined. Clearly this is a ludicrous situation.

The Motorcycle Council reports that there is also a bus lane in Pitt Street, Parramatta, between the Great Western Highway and Park Parade that changes from a bus lane to a bus-only lane as you approach Park Parade. There is a broken line separating the bus lane from the next lane but this changes to an unbroken line. If you are not aware of the change in status of the lane, you are trapped into crossing the unbroken line to get out of the bus-only lane. Hopefully these inconsistencies will be corrected.

Motorcyclists must be allowed—and, dare I say, encouraged—to use bus lanes. The reason is simple. Buses are driven by professional drivers with a high level of training, and motorcyclists, if given the option, would prefer to share the road with professional drivers. I ask members to recall the last time they saw a bus driver yapping on a mobile phone while changing lanes without indicating and juggling a can of soft drink, all at the same time! Encouraging motorcyclists to use bus lanes will mean fewer deaths and injuries.

The Motorcycle Council of New South Wales represents the more than 100,000 riders of registered motorcycles in this State, and is an impressive and effective advocate for those who increasingly choose this fuel-efficient and space-efficient mode of transport. The council has previously raised with me issues that needed appropriate action when it has determined that rules and regulations have been unjustly applied or even used to harass or victimise motorcycle riders. This is such an occasion. The riders do not blame police for this operation. They blame the bureaucrats who put this ridiculous signage and system in place. They want the transport Minister to address the issue, the police Minister to return the fines and clear their records, and police freed up from silly operations like this so that they can concentrate on catching real criminals and motorists who are a danger to society.

I trust that we are not seeing a pattern emerging here. I can outline several cases of overzealous officials overstepping the mark. Honourable members will recall legendary incidents such as the occasion on which the Environment Protection Authority fined several riders for peeling off the "Unleaded Fuel Only" stickers from their fuel tanks despite the fact that petrol containing lead simply cannot be bought from petrol stations since its sale was banned by the Commonwealth Government. Members may also recall the occasion on which motorcycle riders were fined for not having labels on their exhaust pipes, which is another ludicrous example of bureaucracy gone mad.

The vast majority of motorcyclists are law-abiding citizens. Such enforcement operations by police simply breed contempt for the law, which I argue is an adverse and entirely undesirable outcome. The City of Sydney Council, to its credit, has recognised that six motorcycles can park in one car space. Potentially this means that 12 people can travel into the city as opposed to one car, usually with a sole occupant. The City of Sydney Council has actually increased the level of parking available for motorcyclists in the central business district and is to be commended for encouraging this environmentally friendly form of transport. I conclude by urging the Minister for Transport Services to fix this situation, and the Minister for Police to return the fines and clear the riders' records. I request that police be freed up from silly operations such as this, so that they can concentrate on catching real criminals and motorists who are a danger to society, as the Motorcycle Council of New South Wales has sensibly suggested. [ Time expired. ]"

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