New Highway Code

hawkinspeter wrote:

I think filtering is similar to overtaking - you should only do it when safe to do so and cede priority to other traffic. Practically, this means that I'm always watching out for indicating cars that want to turn or switch lanes and I usually either stop or switch to their other side so they can do so.

hawkinspeter wrote:

The tricky bit is what happens as a typical junction where a cycle lane leads up to the junction, disappears for the junction itself and then continues later on. If there's no cycle lane, then the cyclist has transitioned from having priority in their own lane, to filtering and undertaking other traffic.

I agree. (In fact filtering is not just similar to overtaking, it is overtaking.)

But there is a dual responsibility during an overtake.  Overall, the overtaking driver has the duty to give way to the passed vehicle.  But there remains a duty of care on the driver of the passed vehicle not to be a dick about it.  Manoeuvring without care or observation into the path of an overtaking vehicle; deliberately closing a gap to prevent pulling in, or otherwise causing conflict may be actionable.  (I draw a distinction between those moving to primary on a bike and those who, for example, try to block a car from zip-merging; one being a matter of self-preservation, the other being a singularly selfish act.)

We are specifically warned to look out for filtering cyclists when turning into a side road and at traffic lights.  The duty of care exists.  That doesn't mean that the filtering cyclist does not have a duty to be alert to what other traffic is doing.  The liability for failure to maintain those duties will depend on the facts of the case.

GMBasix wrote:

I agree. (In fact filtering is not just similar to overtaking, it is overtaking.)

Is it? Is the bus undertaking when the main lane is stationary and the bus lane is clear?

Is it overtaking when you pass a parked car?

I would say that overtaking is when you pass another vehicle whish is driving in freeflowing condition, not when moving past a line of stationary traffic. I would tend not to filter once the cars are actually moving, unless in a cycle lane of a good width.

IanMSpencer wrote:

There comes a point where expecting to filter through a junction from behind and expect a vehicle to give way during its manoeuvre is unreasonable. I'd still be wary of relying on the Code even in a cycle lane, waving that booklet while in a heap at the side of the road is not great pain relief.

I'm sure the law and the courts would not have your back on this one in practice. However isn't a cycle lane indeed a separate lane so it would be exactly the same as driving into a car passing on an inside lane? Again little comfort after you've been hit but it should result in legal disapproval. Unfortunately it's likely to be moot as in most places cycle lanes (even "mandatory" ones) stop precisely before junctions. The cynic in me wonders if this is not so much about "merge in the bikes, so they can be seen" but because we often give cars more lanes at junctions for improved "flow".