Suzuki Burgman USA Forum banner

Lane Splitting in the Carpool Lane Is Illegal

6K views 37 replies 24 participants last post by  whiteknuckler 
#1 ·
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.”
 
See less See more
#3 ·
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.
 
#4 ·
jkyu99 said:
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.
 
#5 ·
Xavier6162 said:
“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.
 
#6 ·
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.

Martin
 
#7 ·
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.
 
#8 ·
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.
 
#9 ·
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....
 
#10 · (Edited)
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.
 
#11 · (Edited)
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.

My bad bro, didn't even bother to check the date on that first post.
Your right, I have been seeing those info signs that they use for an Amber alerts that say, share the lanes with motorcyclist. I do ride a lot on the 91 freeway and use that HOV lane all the time. glad to know that CHP has lightened up on us. Thumbs up for us on that.
I guess I'm still a little upset about that CHP giving me that ticket for something I was unable to a ovoid.
 
#13 ·
I was, many years ago, taught by a Houston city m/c cop how to lane split, and do it "the safest way" if there is such a thing.. but here in Austin Tx, I was pulled over for it and warned not to do that.. BY A M/C COP DOING EXACTLY THE SAME THING.. He informed me "WE" can do that, we're specially trained, buy YOU can't.. I didn't challenge his opinion, he had a badge, a gun and permission to use it.
 
#15 ·
Special training, my as. It's not difficult, nor particularly dangerous if done with some common sense. I think its safer, personally. I hate waiting to be rearended in a lane. It puts control of your safety in someone else's hands. Which may be the case in general. But to the extent I can, I want to be in charge of my own safety And that requires moving. I cant do much stopped.

Sorry about the rant.
 
#14 ·
As noted earlier, we can always be pulled over for perceived reckless behavior. In practice I don't know anyone who has been ticketed for splitting here. It would greatly sadden me if they started cracking down on HOV lane sharing. My route has regular jams in the HOV lane that I slide on by.
 
#16 ·
I've always wanted Washington State to allow lane splitting. It makes perfect sense. I'm safer in very slow stop and go traffic moving. It might piss off some of the cagers but too bad. Now I live where there is so little traffic that I no longer care about lane spitting. Last time I was in Cali I did a lot of lane splitting in stop and go trying to get to then over the Golden Gate Bridge. I figure it took 20 minutes off the time it took to get into the city. FWIW I think Seattle drivers wouldn't know what to do if they saw someone on a MC splitting the lanes. Probably would run over them in their confusion. None too bright those Seattle drivers.
 
#17 ·
That would be my fear of other states adopting lane spitting guidelines... The cagers have no experience with it.

It's been semi-tolerated here for decades. Commuters are use to it and accept it. We are helping the traffic problems after all. But other states?

I think there would be a lot of resentment and anger because no one likes someone who effectively "cuts the line". It's short sighted, but the intolerance is there. Someone would get hurt.

I'll be sticking to CA for much of the foreseeable future.
 
#18 ·
Too bad they can't just add a 4 foot lane for motorcycles only in the big cities. I'm not in that big a hurry to lane split, or even in a big city, and I'm not too worried about the car behind me because they're usually in the same boat as I am. Super Scooters definitely give you more room to lane split though.
 
#19 ·
you will get ticketed if crossing the white lane no matter what the situations, that seems to be a rule of thumb with most highway patrol officers.

in super heavy traffic I stay off the HOV and use the regular lanes to lane split.

on the other hand I was told by one officer that they won't ticket you if you are riding on the outside of the white lane between the double yellow lanes, that white line seems to be the defining element, Once you commit to the HOV lane, they expect you to stay in it.

I guess it all depends on the officer and what the circumstances are, if you don't want a ticket, don't cross that white lane when there is an LEO around.

happy splitting....
 
#22 ·
Lane splitting is very much tolerated here in CA and the state has made a lot of effort in the past couple of years to accommodate motorcycles. They even allow motorcyclist to continue to use the HOV lanes that have been converted to toll lanes for free. I commute a total of 80 miles a day in the worst bay area traffic here in CA and often see how motorcyclist abuse this priveledge. I watch riders pass on the right of cars within the HOV lane all the time while going with or faster than the flow of traffic, because they have the right vehicle to do it with. It doesn't make it legal nor right. It also startles the driver because they werent expecting a bike to come wizzing by next them in the same lane. When you're in an HOV lane with a single or double white line you don't have the legal right to pass the car in front of you between the car and those lines to it's right. Crossing the solid line in CA has always been illegal as far as I know. The solid line is equivalent to that of a solid barrier and should be treated as such. I watch these HOV and toll lanes constantly being abused by riders and drivers as well here in CA. Unfortunately if more riders continue to abuse it we may loose the priveledge to use it.
 
#25 · (Edited)
They even allow motorcyclist to continue to use the HOV lanes that have been converted to toll lanes for free.
Not entirely true. There is a charge for using the HOV toll lanes for MCs in Ca.

In order to get to use them, you must have a transponder. The transponder is free and the toll is free... By law. But you must set up an account and there is a monthly "maintenance fee" to keep up the account. I don't have one set up as I don't need the HOV toll lanes for commuting, but its like $15 a month or something. Not significant enought if you use them, but significant enough that most MCs don't bother with it and avoid the lanes for fear of a ticket.

Seems BS to me. MCs are legally allowed to use the toll lanes for free. How bout just not ticketing MCs? Why all this transponder / account maintenance fee cr.p?

Just another backhanded nickel and dime governmental tax on the populace.
 
#24 · (Edited)
I think the original poster of this thread may have it right. As Liam said, lane splitting in CA is not expressly legal in that there is not a section of the vehicle code that sanctions it. However, there is no law prohibiting it. It is, as the CHP describes it, "not illegal." That's why we have 'guidelines' for lane splitting (as opposed to Codes).

That being said, all road markings (solid lines, double lines, broken lines, etc) and other codes that apply to autos also apply to motorcycles. Unfortunately, though the guidelines recommend splitting between the #1 & #2 lanes, they do not address HOV lanes (is it a special lane, or is it the #1 lane?). As a solid white line represents a curb, it may very well be illegal to pass to the right, but within the HOV lane. Whether the rider gets a ticket probably depends on the Chippy's estimate of the degree of care the rider is taking (is the rider careful or reckless), his own mood at the moment, or orders from above to clamp down.

I agree with deflorence - if we ever lose this valuable privilege, it will be due to a**hole riders.

I've have a CHP office close by - I may pop on over and ask what the current 'standard operating procedures' are.

btw - here is a link to the guidelines http://www.chp.ca.gov/programs/lanesplitguide.html
 
#26 ·
Found this in the CH-HOV lanes information site. Doesn't really address the question of passing to the right of the vehicle but does say something about those solid lines.

HOV Lane Striping:
Do not cross solid, double lines whether they are white or yellow! If you are entering or exiting an HOV lane, you must change lanes only where there is a designated area or where you are crossing a single dashed line (white). In all cases, you must change lanes safely. For details, see the
California Vehicle Code, Sections 21655.8 and 21460.

This was also noted on the same site but does not say anything about having a Fast Track transponder to use the HOV lanes. I know I don't have one so I hope I don't get a ticket for it. I always through Motorcycles were free to use those lanes and it says so at times on signs on the side of the HOV lanes.

Motorcycles:
Solo motorcyclists can use HOV lanes (and most HOT lanes) without a decal unless otherwise posted. Motorcyclists cannot ride on, in, or over solid double lines.
 
#28 ·
Calif CHP removes lane-splitting guidlines

Well this is a bit dis-spiriting. Lane-splitting is still allowed, but common-sense guidelines that are beneficial to both riders and drivers cannot be posted on the CHP website. :confused:

Complaint Forces CHP to Remove Lane-Splitting Guidelines from Website

Rider Magazine Staff
July 18, 2014
http://www.ridermagazine.com/latest...e-lane-splitting-guidelines-from-website.htm/

The California Highway Patrol and other state government agencies have been forced to remove information from their websites that was intended to help motorcyclists safely execute the allowed lane-splitting maneuver due to a single complaint from a Sacramento man.

Kenneth Mandler, a longtime state employee who now conducts training sessions on how to get a state job, petitioned the California Office of Administrative Law in 2013, claiming the CHP created an “underground regulation” by formulating and distributing guidelines for safe lane splitting.

Lane splitting, also called lane filtering, is the practice of riding a motorcycle or scooter between lanes of stopped or slowly moving traffic. The practice has been permitted in California for decades and no statute prohibits it. No other state allows the maneuver.

The CHP posted its guidelines with the intention of helping motorcyclists and motorists understand safe practices and to discourage unsafe lane splitting.

“Some have interpreted the recently published Motorcycle Lane Splitting Guidelines as rules, laws or regulations that could or would be enforced by the department,” according to a CHP statement. “The guidelines were never intended for this purpose and were prepared simply as common sense traffic safety tips and to raise public awareness.”

The Office of Administrative Law sided with Mandler, noting that CHP Commissioner J. A. Farrow certified that his department would not “issue, use, enforce, or attempt to enforce the public education information.” The OAL determined that posting the guidelines on the website was “issuing” them.

“By forcing the California Highway Patrol to remove its guidelines, Mr. Mandler and the Office of Administrative Law are denying the public vital safety information,” said Nick Haris, AMA western states representative and a member of the California Motorcyclist Safety Program Advisory Committee, which helped write the guidelines.

“Lane splitting is still allowed, and motorcyclists are still using this long-recognized riding technique to relieve traffic congestion and improve safety,” Haris said. “But now, neither riders nor motorists have a place to turn for authoritative guidelines on the practice.”

The AMA supports the continued use of safe lane splitting in California and the implementation of lane-splitting laws in other states, coupled with extensive rider and driver education programs.

The AMA position statement reads, in part: “Reducing a motorcyclist’s exposure to vehicles that are frequently accelerating and decelerating on congested roadways can be one way to reduce front- and rear-end collisions for those most vulnerable in traffic.”

Denny Kobza, of the Bay Area Riders’ Forum and a member of the California Motorcyclist Safety Program Advisory Committee, said he was extremely disappointed that the CHP was forced to take down the guidelines.

“It is very disturbing that one person can affect three years of hard work,” Kobza said. “We put a lot of hard work into those guidelines, because lane splitting is a safer way to go than waiting for a motorist to make a mistake.”

Kobza said he has full faith in the California Highway Patrol’s continued advocacy for motorcycle safety, and he hopes the guidelines can be reposted to state government websites soon.

The deleted CHP guidelines can still be downloaded from the AMA here, and can be found on the Rider website here.
 
#29 ·
That is a crying shame. I understood that those were guidelines and as such were essentially the gold standards for how to perform lane splitting safely. I also understood that they were not laws. Though to be fair I did have some people think that they were laws that governed lane splitting. Came from auto drivers though.

It is disheartening to see what damage one man can have.
 
#30 · (Edited)
It is disheartening to see what damage one man can have.
What a putz! He's got nothing better to do than bring lawsuits for an activity he probably doesn't participate in. What's his next move? Ban the sale of girl-scout cookies because the Thin Mints only come 20 count per sleeve now instead of 25?
 
This post has been deleted
#31 ·
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top