Lane Splitting in the Carpool Lane Is Illegal - Suzuki Burgman Forum
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post #1 of 38 (permalink) Old 09-13-2007, 01:35 PM Thread Starter
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Lane Splitting in the Carpool Lane Is Illegal

Some riders in California are starting to get ticketed by CHP Bikers under CVC 2174

Well this is taken straight from the DMV's website..

Vehicle code violation # 21754 "Passing on the right"

21754. The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn.

(b) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel.
(c) Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel.

(d) Upon a one-way street.

(e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways.
The provisions of this section shall not relieve the driver of a slow moving vehicle from the duty to drive as closely as practicable to the right hand edge of the roadway"

So….I called DMV and was told:

“The car pool lane is separate lane from regular traffic and is marked as such by the solid white line. In the carpool lane or any lane, the white line on the right side represents a curb; you aren't supposed to pass on the right when there's a curb next to the right most lane. Passing next to a single or double line of any color is not legal. You need two or more lines of moving traffic in the direction of travel in order to split the lane. If the carpool lane has only one lane you must drive with the flow of that lane and not pass next to the solid white line barrier. If you get a ticket, it’s because of passing on the right next to a curb."

Did a search on several sites and yes, some CHP officers, if they wants to be a Dicks, will ticket you for passing on the right (lane splitting) while in the carpool lane.

One cyclist wrote, “......I got a ticket a couple of weeks ago on the 10 in-between the 57 and the 15 for sharing in the carpool. I crossed the white not the yellow, but the chippy said it's always illegal to pass in the carpool (didn't accept a lane-sharing response) and told me that they were starting to crack down on it. Prob just one dick bike cop.”

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post #2 of 38 (permalink) Old 09-13-2007, 02:44 PM
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post #3 of 38 (permalink) Old 09-13-2007, 07:33 PM
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So, pass on the left?

Split lanes in the regular freeway lanes instead?

Sigh.

Last time I was in the I-10 carpool lane and sharing, it was because the two CHP m/c officers were in front of me, cruising, not chasing, and as traffic slowed, they moved into single file and then did just the lane splitting you described. another m/c tucked in behind them, and I tucked in behind him. None of us were getting ticketted.

I know that we can't break the law even if a police office on patrol does. But the law quoted above would suggest if a carpool lane is a single one-way street, you would qualify under (d).

Oh the heck with it. They can ticket us any time they want to under the reckless driving statutes.

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post #4 of 38 (permalink) Old 09-13-2007, 08:32 PM
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Quote:
Originally Posted by jkyu99
They can ticket us any time they want to under the reckless driving statutes.
Exactly. If you are on a motorcycle and you are lane sharing in California you face a ticket at any time from any officer that wants to write it. It's like winning the lotto, only in reverse, and with much better odds.

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post #5 of 38 (permalink) Old 09-14-2007, 12:56 AM
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Re: Lane Splitting in the Carpool Lane Is Illegal

Quote:
Originally Posted by Xavier6162
“The car pool lane is separate lane from regular traffic and is marked as such by the solid white line. In the carpool lane or any lane, the white line on the right side represents a curb; you aren't supposed to pass on the right when there's a curb next to the right most lane.
It's like that up here, too, and if cops see you they can issue a ticket (many have been ticketed). There are certain sections where the line is dashed and those are the only places where we're "supposed" to enter/exit the car pool lane.

I thought it was only us that had that rule because I lived in a backwards, bureaucratic, small-minded province run by gov't officials who don't have to be stuck behind vehicles driving 10 mph below the speed limit.

So if traffic is clear enough, I simply stay out of the car pool lane.

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post #6 of 38 (permalink) Old 09-14-2007, 05:17 AM
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Lane splitting laws

Lane splitting is illegal here in Arizona.. though there are hundreds of thousands of former Californicators here! I know by the number of CA plates I see and how many people I know who have moved here from there in the last few years. Many during the latest housing boom when they sold there and made bank then moved here and bought two or three houses for what they sold their one there.

Anyway, I do wish we could lane split, but not like they do in CA, I think thats FAR too dangerous, at least for me. But, the way I would LIKE to be able to do it, is to ride down the LEFT (Inside most) part of the HOV lane, if the HOV lane slows to a crawl which it does sometimes. If we on bikes were able to ride on the left inside part of the HOV, either still in the lane or straddling the inside breakdown part of the freeway (which is inside the HOV) I think that would be cool..

Just my own personal opinion. It will never happen here, the Arizona DMV and Arizona lawmakers are too **** stupid and self absorbed to ever do anything that really makes sense.

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post #7 of 38 (permalink) Old 09-14-2007, 07:30 AM
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Due to the white line and double yellow lines typical of the HOV lanes I used to run across, the space on the right hand side of the HOV is actually 12-18 inches wider than the normal space between lanes.

The left hand side of the HOV lane is often quite close to the Jersey Wall (Concrete Barrier) and heavily littered with debris. The biggest piece I've ever seen is the bumper off of a 350Z.

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post #8 of 38 (permalink) Old 06-04-2014, 05:57 AM
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Thanks for this informative post. HOV lanes, or carpool lanes, allow automobiles with more than one occupant to skirt busy traffic. It is a benefit for saving fuel and polluting less. A new program in California permits motorists of so-called green cars the same
opportunity, even if they are driving alone. I hope this program will be passed into law.
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post #9 of 38 (permalink) Old 06-05-2014, 12:24 PM
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I too live in Southern California and I understand what your feeling. I think its soo retarted that CHP is actually now, after all these freaken years of motoryclist splitting lanes in the carpool lane (HOV), now they want to make a big deal out of it. Its never been a problem for years. Many motor cops do it everyday, wile they are on duty or on their way home.
If we, the motorcyclist, are the ones taking the risk and also allowing more space on the freeway by not being in a vehicle, why F*** with us?
This state is just soo dam money hungry. Don't get me wrong, I am all pro law enforcement, but I think the CHP takes it to the extrem with little bullshit things like this. Most of us bikers ride our bikes to work and back to save time from being stuck in traffic. Trying to make sure we get to work on time and have a chance to get home somewhat early enough to spend time with family or just to have time to get some things done. We take the risk, why give us **** about it. Now, I don't mean we should fly through the cars either because that's not a safe thing to do for anybody, but being able to squeez through cars at a safe speed should be fine, even if that means riding a little over the dam white line every now in then. Some cars move into your space just as your passing them and you have no choice but to touch that white line. This happened once to me and I got a ticket for it by a motor chipy. I was like really?? He saw what happened, he would have done the same thing to avoid getting clipped by that car.
This is just my thoughts.
I know one of you had mention, well just don't break the law, many cops break the law all the time, so save it buddy. I seen it all to many times. This is soo pointless. There's good cops and bad cops everywhere....
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post #10 of 38 (permalink) Old 06-05-2014, 12:40 PM
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This is the problem with dredging up SEVEN year old posts... Things have changed.

The CHP issued new guidelines last year. Lane splitting is "allowed", notice I didn't say "legal". But you won't be ticketed for it if you follow the guidelines, which are very common sense (not over 40, only between lanes 1 & 2, etc). Heck, they are now running tv ads telling the public to give us more room. BRAVO CHP!

So far as lane splitting on the HOV lanes, we asked a couple cops, and while not "legal", if you can skirt along side WITHOUT crossing over the double line, and not while in the entrance/exit zones, I don't think they'll hassle you. Just use common sense.

For those in other states, lane splitting in CA is neither expressly legal, NOR illegal. There are no laws specifically permitting, nor restricting it. In the past its been ticketed at the officers discretion as infractions of other laws, like reckless driving. The new CHP guidelines don't leave it up to the individual officers discretion any more. They define when it is "allowed" and when it should be ticketed; but, effectively, it is legal under the guidelines.

The CHP has done a very good job letting the public know about this and after 25 years or more of doing it, I must say, it is WAY better now. People move over when they see you coming in the mirror. And I mean to the extremes, almost scraping the median. It's almost too much. Some give me enough space to drive a truck through. But not everyone notices you, so one must stay vigilant.

Just my two cents.

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Last edited by Liamjs; 06-05-2014 at 12:51 PM.
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