Riding a motorcycle in California is pure bliss. Motorcyclists benefit from the state’s perpetual sunshine, its gold-kissed coasts, and of course lane-splitting for two-wheelers. Lane-splitting in California, from a legal stand-point, is sort of awkward though.
There is no law that grants motorcyclists the privilege of lane-splitting, but that doesn’t really matter when it comes to the California Vehicle Code (CVC), since there is also no provision that prohibits it.
I wouldn’t say lane-splitting in California is legal only by a technicality, but the Golden State would benefit from some more formalized words on the practice, beyond the CVC’s default that all motorists should operate their vehicles in a “safe and prudent” manner.
That might change this year though, as Assembly Bill 51 (last year’s attempt to codify reasonable lane-splitting rules) is getting an update. This is both good and bad news.
Originally based off the insightful research performed by Dr. Tom Rice of UC Berkeley, which showed that when motorcyclists lane-split at reasonable speeds and low-speed deltas to the rest of traffic, the practice is no more dangerous than not lane-splitting.
As such, AB 51 aimed to create a codified law where lane-splitting would be legal up to 50 mph, so long as the rider was not going more than 15 mph faster than the flow of traffic.
As you can tell, AB 51 was based on the research conducted by Dr. Rice and his team, and was a palpable bill for motorcyclists to support. Unfortunately, AB 51 died in the California State Senate.
Rather than neuter the bill though, with lower top speeds and speed deltas, AB 51 sponsor Assemblymember Bill Quirk has revised the proposed lane-splitting language to be even broader than before – an interesting move.
The proposed language is as follows, and we have included the redacted language from the previous bill (the crossed-out portion):
SECTION 1.
Section 21658.1 is added to the Vehicle Code, to read:
21658.1.
(a) A motorcycle, as defined in Section 400, that has two wheels in contact with the ground may be driven between rows of stopped or moving vehicles in the same lane, including both divided and undivided streets, roads, or highways, if both of the following conditions are present:
(1) The motorcycle is not driven at a speed of more than 50 miles per hour.
(2) The motorcycle is not driven more than 15 miles per hour faster than the speed of traffic moving in the same direction.
(b) This section does not authorize a motorcycle to be driven in contravention of other laws relating to the safe operation of a vehicle.
(a) For purposes of this section, “lane splitting” means driving a motorcycle, as defined in Section 400, that has two wheels in contact with the ground between rows of stopped or moving vehicles in the same lane, including both divided and undivided streets, roads, or highways.
(b) The California Department of Highway Patrol may develop educational guidelines relating to lane splitting in a manner that would ensure the safety of the motorcyclist and the drivers and passengers of the surrounding vehicles.
(c) In developing the guidelines pursuant to this section, the department shall consult with agencies and organizations with an interest in road safety and motorcycle behavior, including, but not limited to, all of the following:
(1) The Department of Motor Vehicles
(2) The Department of Transportation
(3) The Office of Traffic Safety
(4) A motorcycle organization focused on motorcyclist safety.
From a legal point of view, this law would simply formalize the codification of lane-splitting in California, without actually changing anything for motorists.
What it would do specifically though is give the California Highway Patrol, and other stakeholders in driver education, firm standing on the subject of lane-splitting, thus granting them the ability to teach and set educational guidelines (not laws or regulations) on the practice.
When it comes to enforcement though, the proposed language does nothing to change the ambiguous nature of lane-splitting for motorcyclists.
For example, if you were hit by a car while lane-splitting, the deciding factor of fault would be the same “safe and prudent manner” standard ( whatever that is) that has been used since the dawn of vehicles in California.
If you have ever had to deal with a vehicle incident while lane-splitting, you will understand that rarely the situation benefits the motorcyclist.
This is where the original AB 51 law held a strong advantage, as it was bright-line rule on what safe and legal lane-splitting looked like in the eyes of the law, which would have meant fewer hassles by over-zealous policeman, and fewer hassles with insurance company adjusters as well.
While this new language loses that important advantage, it does set a legal precedent that can benefit lane-splitting efforts in other states. With California codifying lane-splitting, efforts to do the same in other states could be bolstered.
In other words, there is a good and a bad to this arrangement. It is not clear when this new language will go before California’s legislature, but until then, motorcyclists in California will have something to chew on.
Source: Lane Splitting is Legal
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