New Lane Splitting Laws

State legislators across the United States have introduced bills to allow motorcycle lane splitting, a practice which is currently only legal in California.

Motorcycle lane splitting refers to a two-wheeled vehicle moving between roadway lanes of vehicles that are travelling in the same direction. Another term frequently used is “lane filtering”—however this usually describes when a motorcycle rider moves alongside vehicles that have either stopped at an intersection or are moving very slowly. Both practices occur in many countries throughout the world but it is largely prohibited in the United States.

In California, Lane Splitting is a Gray Area

Lane splitting/filtering is not officially approved in California, but neither is it banned. The practice is generally permitted if done in “a safe and prudent manner”—the definition of which is very much up to interpretation. The California Highway Patrol and the Department of Motor Vehicles have previously posted guidelines on lane splitting, but they were removed after opponents claimed the agencies were endorsing the practice.

A bill to formally legalize lane splitting passed the California State Assembly on May 28, 2015 by a margin of 58-14. Assembly Bill 51 must now pass the Senate and receive the Governor’s signature to become law. Some advocates of lane splitting oppose the bill because of the new restrictions it imposes. The legislation would allow motorcycles “to be driven between rows of stopped or moving vehicles in the same lane if the motorcycle is not driven at a speed of more than 50 miles per hour and is driven no more than 15 miles per hour faster than the speed of traffic.”

Study: Lane Splitting is Safe

A UC Berkeley study released last year by the California Office of Traffic Safety found that lane-splitting motorcyclists were no more likely to be seriously injured than other motorcyclists, as long as they weren’t moving too much faster than surrounding traffic — in fact, they were significantly less likely to face such an injury.

Do you think lane splitting should be legal?
Share your thoughts on this controversial topic in the comment section below.

Lane Splitting in Ohio

Although no law expressly prohibits lane splitting or filtering in Ohio, since state statutes do not specifically authorize lane splitting or lane filtering, motorcyclists who attempt such maneuvers in Ohio can still be ticketed. Citations may be issued for improper use of turn signals, following too closely, reckless operation or other traffic violations.

Proposed Legislation

The American Motorcyclist Association endorses lane-splitting legislation, as long as bills do not include language that would diminish existing rights (that is, no mandatory helmet laws or mandatory minimum medical insurance coverage provisions). They have helped write model legislation, which can be seen in some of the following state bills.

Tennessee

As introduced, House Bill 1102 would permit lane splitting when traffic is traveling at 45 mph or less and the motorcyclist may not exceed posted speed limits. Lane splitting would be prohibited in marked school zones when a warning flasher or flashers are in operation. The bill has been assigned to the Transportation Subcommittee.

Texas

Texas House Bill 813 would only permit lane splitting/filtering if traffic is traveling 20 mph or slower, and if the motorcyclist is not traveling more than 5 mph faster than other traffic. Lane splitting would be prohibited in school zones and in areas where the posted speed limit is 20 mph or less and riders and passengers must wear helmets. A separate bill is making its way through the Senate (S.B. 442), which omits the helmet provision, but restricts lane splitting to limited-access or controlled-access highways. The bills were referred to the Transportation Committee in February, where they are expected to languish due to a lack of widespread support.

Oregon

Real progress has been made on a lane-filtering bill in Oregon. In April 2015, the state Senate approved legislation, which would allow motorcycle riders to “filter” through traffic jams, bypassing cars traveling less than 10 mph on highways with speed limits of 50 mph or more. Senate Bill 694, which passed 18-10, also requires that when lane splitting, riders must drive “in a cautious and prudent manner” and cannot exceed 20 mph.

Washington

As originally written, Washington’s Senate Bill 5623 would allow motorcyclists to pass a car in the same lane when traffic is stopped or is moving at 25 miles an hour or less. Under the bill, motorcyclists who split the lane could travel no more than 10 mph faster than the flow of traffic. The bill also makes it an infraction for a motorist to intentionally impede a motorcycle that is attempting to pass.

In March 2015, the state Senate passed an amended version of legislation that would only allow riders to pass on the left:

The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken, except on the left-hand side of a vehicle traveling in the left-most lane of traffic on a numbered state highway. . .

Critics have lambasted politicians for adding this provision, calling the amendment “ridiculous” and “idiotic.”

On the left-hand side of a vehicle traveling in the left-most lane of traffic!
Hmm, let me think… I feel like there is something usually there. Oh yeah. Cars coming the other direction! (revzilla.com)

Other states that have recently considered lane-splitting legislation include Arizona, Illinois, Massachusetts, Nevada and New Jersey.

Liability

If an accident happens while a motorcycle is lane splitting, fault for the accident is often attributed to the motorcycle rider. Furthermore, in a civil suit, any motorcyclist found guilty of violating traffic laws is automatically considered negligent and can be found liable for any resulting injuries—a legal concept known as free dating sites in rotherham.