Lane Splitting - Legal Status

Legal Status

A frequently asked question by motorcyclists is "Is lane splitting legal?" In Australia a furor erupted when the transport authorities decided to consolidate and clarify the disparate set of laws that collectively made lane splitting illegal. Because of the very opacity of the laws they were attempting to clarify, many Australians had actually believed that lane splitting was legal, and they had been practicing it as long as they had been riding. They interpreted the action as a move to change the law to make lane splitting illegal. Because of the volume of public comment opposed to this, the authorities decided to take no further action and so the situation remained as it was.

The legal confusion in Australia is not exceptional. In a California 2012 survey only 53% of non-motorcycle drivers know lane splitting is legal. Though no law explicitly and clearly prohibits lane splitting, and significantly, it has become the traditional policy of law enforcement, the courts, and the public in California to tolerate it when it is done safely. However, those engaged in unsafe behavior, including unsafe lane splitting, can still be cited for violating certain sections of the vehicle code. Motorcycle safety author and consultant Pat Hahn wrote in his 50-state handbook of US motorcycling laws that, "Lane sharing with vehicles other than motorcycles is not legal anywhere, including California. However, it is tolerated in California to large degree" and that "California is the only state in the country that allows lane splitting, lane sharing, and filtering. However, contrary to legend, it is not legal. Nor is it illegal. It falls in a gray area unique to California … You can (and will) get stopped and cited if you're riding like an ass." California has no laws explicitly prohibiting lane splitting, and is the only U.S. state for which official statements state that lane splitting, when done safely, is legal.

California is not the only state for which there is no traffic law that explicitly prohibits lane splitting, but officials rely on other laws to regularly interpret lane splitting as unlawful. For example, New Mexico does not address lane splitting by name, but has language requiring turn signals be used continuously for at least 100 ft (30 m) before changing lanes, as well as other codes which may be cited by an officer. Many other states have identical codes, derived from the Uniform Vehicle Code.

Other jurisdictions have similar or identical legal codes on the books, yet their authorities have, over time, interpreted the law as prohibiting lane splitting in all cases, even when done safely, and so riders are cited for it. Colorado and Nebraska are examples of jurisdictions where the law does explicitly prohibit lane splitting, while permitting motorcycles to ride two abreast, and making an exception for police officers.