Ridding in Traffic

[Nalian]

How do you figure it's iffy when the highway patrol's own site says its legal?

Because it says "done in a safe and prudent manner." Who decides what's safe, you or the cop? Like I said, don't quote me I'm just giving third hand info from other websites where people have said they have come into problems where the cop decided their lane splitting wasn't legal.

Ok, so it's semantics. Done in a safe and prudent manner = can do it.

I'm not saying that you can't get in trouble if you do it recklessly, though. Most of the folks who I read about getting hassled are the ones lane splitting while traffic is moving quickly already, those who think lane splitting means they can ride on the shoulder or split lanes going in opposite directions, or those who are speeding/weaving. I lived there for years and my dad did it for years, so its not really a question of legality. It's more a question of whether or not the rider who is doing it is mature enough to do it responsibly.

Last time I was in CA I had to rent a car - next time though I'm totally getting a bike so I can take advantage of lane splitting while I'm there.

[Sicko]

What if someone inadvertently opens their car door just as you are approching and crash bam boom. Who's legally at fault?

[Flipper]

I live in Santa Monica.
Lane splitting is legal and people do it all the time. From big crusiers to scooters. I also notice a lot of motorcycle messengers on dual sports doing it at rush hour.

I'm a newbie that's terrified enough in traffic just trying to keep a space cushion between myself
and SUV driving, cell phone talking,
latte drinking, super sub woofered, uninsured Angelenos.

I've never ridden my bike on the freeway and don't know if I ever will.
I'm just too scared to.

From what I've seen, lane splitting really increases your risk factor.
But if you want to do it, this might help.
http://www.ketchum.org/ls101.html

Ride safe.
Flipper

[flw]

First, its illegal in Illinois.

Second, now you would have to trust two total strangers not to move at the last second. I don't trust any of them while there driving a car.

[Flting Duck]

Ther key to lanesplitting is to NOT ride between cars.(At least for the moving version of lanesplitting.) Although it looks like that's what's happening, the safest way to lane split is to more or less slalom lightly between the space between two cars on the left and the space between two cars on the right.

The best place to do it is between the two left lanes - lees lane changing by cars going on over there.

I would never recommend it for new riders until you really konw your bike and your skills. It requires that you have VERY good control of the throttle, clutch and brake as well as having to be very focused and alert to your surroudings. Not to mention the ability to swerve, brake or goose it quickly and confidently when a "situtation" arises.

Some people in cars, if they see you in their mirrors, will make extra room for you and be considerate, some will never see you coming and of course there are a few that will move over to make it more difficult for you. Not to mention people who change lanes without looking or without signaling.

If you're a newb to lanesplitting, the best way to try it initially is to wait for someone else lanesplitting to go by and then watch them and follow their moves. The point of this is not only to see how others do it but it reminds drivers that there are motorcycles around. Get in behind an experienced lanesplitter and watch them - but don't necessarily try to keep up with them because they're probably more experienced than you.

I"ve ridden in CA quite a bit and when possilbe I prefer to ride a few cars back from someone else who is lanesplitting - again because the cars you're about to pass have just seen a bike go by and been reminded that we're out there.

If you know what you're doing, it's a great way to get around quickly in CA. Personally, I prefer the Bay Area to the LA area as drivers seem to pay a little more attentive there in general - even though they do tend to have their cars closer to one another.

Most lanesplitters who are still alive tend not to go more than 10 or so over the speed of the prevailing traffic.

[flynrider]

What if someone inadvertently opens their car door just as you are approching and crash bam boom. Who's legally at fault?

Who inadvertently opens their door while they're driving? I think the answer is obvious.

[TKDean]

A big thanks to everyone. For now I'm going to take it easy. But living in L.A. lane splitting is something I'm eventually going to have to learn. Ill keep all the advice I've gotten in mind.

[Dragonhawk]

I live in LA and the whole reason I learned to ride a bike in the first place was so I could lane split and cease to be like the other lemmings stuck in traffic.

There is no law that allows lane-splitting.

Someone on a motorcycle forum asked: "I'm not sure when, but I know that there is a federal law that preempts state laws (on federally funded highways) which allows motorcyclists to use carpool lanes."

True.

The Federal Law that allows us to use the carpool lane was put into effect on 18 December 1991.

We can use carpool lanes all over the country according to the Intermodal Surface Transportation Efficiency Act of 1991 which changed laws in the United States Code as follows:

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SEC. 1016. PROGRAM EFFICIENCIES.

(a) HOV Passenger Requirements; Engineering Cost Reimbursement.- Section 102 of title 23, United States Code, is amended to read as follows:

"Sec. 102. Program efficiencies

"(a) HOV Passenger Requirements.-A State highway department shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer than 2 occupants per vehicle may be required and, subject to section 163 of the Surface Transportation Assistance Act of 1982, motorcycles and bicycles shall not be considered single occupant vehicles.

Source: http://ntl.bts.gov/DOCS/istea.html

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So, according to that, the act changed the United States Code: Title 23: Chapter 1: Subchapter 1: Section 102: Paragraph A: Subparagraph 1 and Paragraph B.

Those now read:

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(a) HOV Passenger Requirements. -(1) In general. - A State transportation department shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer than 2 occupants per vehicle may be required and, subject to section 163 of the Surface Transportation Assistance Act of 1982, motorcycles and bicycles shall not be considered single occupant vehicles.

(b) Access of Motorcycles. - No State or political subdivision of a State may enact or enforce a law that applies only to motorcycles and the principal purpose of which is to restrict the access of motorcycles to any highway or portion of a highway for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. Nothing in this subsection shall affect the authority of a State or political subdivision of a State to regulate motorcycles for safety.

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a note under section 104 of this title.

Source: http://uscode.house.gov/download/pls/23C1.txt

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So, if you are ever ticketed for using a carpool lane on a Federal highway, simply cite United States Code: Title 23: Chapter 1: Subchapter 1: Section 102: Paragraph B and you will win. No state can ticket you for it. (Obviously, that doesn't include doing something stupid like using the carpool lane when it has been shut-down to all traffic for safety reasons or something.)

According to the California Driver Handbook:

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Motorcycle riders may use designated carpool lanes, unless otherwise posted.

Source: http://www.dmv.ca.gov/pubs/hdbk/pgs22thru25.htm

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According to Federal Law, the "unless otherwise posted" caveat in the California Driver Handbook could be illegal, depending upon the circumstances, because the United States Code clearly states that motorcycles can only be denied use of the carpool lane on Federal highways for safety reasons.

I'm not one of those people who split hairs (no pun intended) over "lanesharing" and "lanesplitting" as terms. When annoying terminology-sticklers correct you and say "lanesharing is allowed but lanesplitting is not" they are usually just trying to sound smart and can never cite their references. As you can see from the sources listed below, I can cite mine.

Lane splitting is permitted in the State of California, even though THERE IS NO SPECIFIC LAW IN THE VEHICLE CODE that grants OR denies permission for doing it.

According to the official California Highway Patrol website:

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Lane splitting by motorcycles is permissible but must be done in a safe and prudent manner.

Source: http://www.chp.ca.gov/html/answers.html

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There you go. Official government site. I've cited my reference. You can split lanes in California.

However...

Just because it is allowed by the California Highway Patrol does NOT mean there is a SPECIFIC law permitting it. Try to find one. You won't.

There are 3 specific laws within the California Vehicle Code which are usually cited to defend the legality of motorcycle lane sharing. Those 3 laws are Sections 21658, 22350 and 22107.

Section 21658: Paragraph A is what makes you have to stay in a given lane.

Section 22350 is what governs maintaining a safe speed.

Section 22107 permits you to change lanes without signaling as long as no other vehicle will be affected by your movement.

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California Vehicle Code: Division 11: Chapter 3: Article 1: Section 21658: Paragraph A

Laned Roadways 21658. Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply: (a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.

(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.

Amended Ch. 450, Stats. 1975. Effective January 1, 1976.

Source: http://www.dmv.ca.gov/pubs/vctop/d11/vc21658.htm

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California Vehicle Code: Division 11: Chapter 7: Article 1: Section 22350

Basic Speed Law 22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Amended Ch. 252, Stats. 1963. Effective September 20, 1963.

Source: http://www.dmv.ca.gov/pubs/vctop/d11/vc22350.htm

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California Vehicle Code: Division 11: Chapter 6: Section 22107

Turning Movements and Required Signals 22107. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.

Amended Ch. 1996, Stats. 1959. Effective September 18, 1959.

Source: http://www.dmv.ca.gov/pubs/vctop/d11/vc22107.htm

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This topic has been covered 100,000 times on Internet motorcycle forums and it will be covered 100,000 times after this. I like to do my best to find the ACTUAL LAWS though, that way, people can't argue with inane "I heard it somewhere" retorts.

So, there you go kids. The actual laws. Cited references from actual government websites. You can look them up yourself.

People often say that air cooled engines (back in the day, certainly not the norm today) would overheat if we were made to stop and go on the freeway, so lanesplitting is allowed for that reason.

By all legal research I have done and/or seen, air-cooled engines overheating has NOTHING to do with it. That is a very common Internet-myth with apparently no basis in fact. If it does have basis in fact, someone needs to prove it. Again - people need to cite their references. Show me the law. Show me the act. Provide evidence of a bill which specifically states it was permitted to prevent overheating. No one ever does.

Until someone can cite their legal references, they are just perpetuating Internet rumors. Simply saying "I heard..." and "I read..." and "This person said..." does not qualify as proof. Doesn't matter if a judge or a CHP officer or an MSF instructor tells you it is true either. They are human and can have misinformation like anyone else. I have never seen anyone provide references to any legal documentation which supports the "overheating engine" rumor.

As for the exact laws and the exact dates enacted, you can find all of that above. To recap:
Carpool Lane: 18 December 1991
Lane Sharing (3 laws): 18 September 1959, 20 September 1963, 1 January 1976