Lane splitting , lane sharing, filtering, whatever you want to call it, it's a controversial topic, but California motorcyclists have been doing it for years. While the riding method is not explicitly illegal in the California vehicle code, it's also not illegal, leaving lane splitting in some ambiguous grey area. As of August 1, 2016, California State Senate passed bill AB 51, with a 38-0 vote by the Senate, moving the bill one step closer to making lane splitting fully legal.
The next step for AB 51 is to return to the California State Assembly, where it was originated in December 2014. This step is necessary for concurrence since the bill was amended from its original iteration. Considering the amendments were made with contributions from all parties involved, AB 51 has a good chance of passing. To seal the deal, the Governor’s signature will be required.
Advocates of lane splitting have fought long and hard for this bill to pass, with concerns about amendments lowering the speed guidelines, constricting riders to more narrow standards for compliance. However, as you can see from the proposed text, below, those tighter constrictions have been stricken from the bill's text.
Let's hope this is a sign that California will pave the way for the rest of the country to follow suit. For more information, visit lanesplittingislegal.com , and legistlature.ca.gov .
SECTION 1.
Section 21658.1 is added to the Vehicle Code, to read:
(a) For the 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 on both divided and undivided streets, roads, or highways.
(b) The Department of the California 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 guidelines pursuant to this section, the department shall consult with agencies and organizations with an interest in road safety and motorcyclist 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.
SECTION 1.
Section 21658 of the Vehicle Code is amended to read:
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.
(c) (1) A motorcycle, as defined in Section 400, 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:
(A) The speed of traffic moving in the same direction is 35 miles per hour or less.
(B) The motorcycle is not driven more than 10 miles per hour faster than the speed of traffic moving in the same direction.
(2) This subdivision does not authorize a motorcycle to be driven in contravention of other laws relating to the safe operation of a vehicle.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.