In what states is "lane splitting" explicitly illegal?  Lane splitting
is riding a motorcycle between lanes of cars, usually when traffic is
stopped or very slow.  Lane splitting is also known as "white lining"
or "dotted lining".

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Request for Question Clarification by sgtcory-ga on 29 Oct 2002 11:31 PST

The resources I found do not offer verbatim lane splitting info, but
the
state(s) that do allow it, offer verbatim laws to do so. Would this
information be suffice, or are you in need of verbatim laws that
forbid it?

Thanks for the clarification
SgtCory

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Clarification of Question by hownow-ga on 29 Oct 2002 14:09 PST

I need to understand what states PROHIBIT lane splitting, so I can
avoid lane splitting there.  If other regulations might indirectly
prohibit lane-splitting, knowing that would also be helpful. My
assumption is: what is not specifically prohibited is by default
legal.

I am particularly interested in Massachusetts and the New England
states, as that is where I ride most.  I see this activity all the
time here, even by motorcycle police, but have never heard
definitively whether it is or isn't legal.

At the outset, please note that I am just a Researcher for Google
Answers, and not a lawyer in all 50 states.  Only a lawyer who
practices in a particular state is qualified to provide an expert
legal opinion on whether a given state prohibits lane splitting or
not.  Laws are subject to interpretation by police officers on a daily
basis as well as by the courts.  As a layperson, I suppose it is
possible that a state that does not seem to have an explicit
prohibition against lane splitting might, in practice, forbid this
conduct.  A particular state, or police officer, might conceivably
interpret another law, such as one against reckless driving or against
infringing on another vehicle's lane, as a bar to lane splitting.

It is also worth noting that laws can be amended, so that one state
eventually (or even soon) might repeal or modify a prohibition, while
another might enact a new prohibition.  Perhaps in some states an
administrative rule, rather than a statute, might relate to the
conduct.  Also, it is possible that certain cities, towns, or counties
have enacted or will enact their own ordinances against lane
splitting, even in states which do not have this prohibition.

With that said, I will turn to the results of my research.  A majority
of states appear to have explicit prohibitions of lane splitting by
motorcycles.  These statutes often come with a title like "Operation
of motorcycles on laned highways."  The typical language in these
statutes prohibits motorcycles from operating "between lanes of
traffic or between adjacent lines or rows of vehicles".   In many of
the statutes there is an explicit exception for police officers
performing their official duties.

Here are the statutes I have found, listed by section number of the
respective state's motor vehicle or transportation code:

Alabama - 32-5A-242
http://www.legislature.state.al.us/CodeofAlabama/1975/32-5A-242.htm

Arizona - 28-903
http://www.azleg.state.az.us/ars/28/00903.htm

Colorado - 42-4-1503
http://198.187.128.12/colorado/lpext.dll/Infobase/286bc/28be8/28bea/29252/29265?f=templates&fn=document-frame.htm&2.0#JD_42-4-1503

Connecticut - 14-289b
http://www.cga.state.ct.us/2001/pub/Chap248.htm#sec14-289b.htm

Florida - 316.209
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC209.HTM&Title=->2002->Ch0316->Section%20209

Georgia - 40-6-312
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/40/6/312

Hawaii - 291C-153
http://www.capitol.hawaii.gov/hrscurrent/vol05_ch0261-0319/hrs0291c/hrs_0291c-0153.htm

Iowa - 321.275
http://www.legis.state.ia.us/IACODE/1997/321/275.html

Kansas - 8-1595
http://www.kslegislature.org/cgi-bin/statutes/index.cgi/8-1595.html

Louisiana - 32:191.1
http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=32&section=191.1

Maine - 2062
http://janus.state.me.us/legis/statutes/29-a/title29-Asec2062.html

Maryland - 21-1303
http://198.187.128.12/maryland/lpext.dll/Infobase/516a5/55833/55f36/55f49?f=templates&fn=document-frame.htm&2.0#JD_tr21-1303

Minnesota - 169.974 (Subd. 5(e))
http://www.revisor.leg.state.mn.us/st02/169/974.html

Nebraska - 60-6,308
http://www.state.ne.us/legislative/statutes/R/60/06/R6006308.html

New Hampshire - 265:121
http://www.gencourt.state.nh.us/rsa/html/XXI/265/265-121.htm

New Mexico - 12-7-2
http://198.187.128.12/newmexico/lpext.dll/Infobase/1/11e4b/120f6/120fb/12101?f=templates&fn=document-frame.htm&2.0#JD_18NMAC18102

New York - 1252
http://assembly.state.ny.us/leg/?cl=128&a=59

North Dakota - 39-10.2-03
http://www.state.nd.us/lr/assembly/57-2001/cencode/CCT39.pdf

Oklahoma - 47-40-103
http://oklegal.onenet.net/oklegal-cgi/ifetch?Oklahoma_Statutes.99+1785230117884+F

Oregon - 814.240
http://www.leg.state.or.us/ors/814.html

Pennsylvania - 3523
http://members.aol.com/StatutesP1/75.Cp.35B.html

South Carolina - 56-5-3640
http://www.lpitr.state.sc.us/code/t56c005.htm

South Dakota - 32-20-93
http://legis.state.sd.us/statutes/Index.cfm?FuseAction=DisplayStatute&FindType=Statute&txtStatute=32-20-9.3

Tennessee - 55-8-182
http://198.187.128.12/tennessee/lpext.dll/Infobase/2b5b5/2c0a7/2c3f0?f=templates&fn=document-frame.htm&2.0#JD_55-8-182

Utah - 41-6-107.2
http://www.le.state.ut.us/~code/TITLE41/htm/41_04141.htm

Vermont - 1115
http://198.187.128.12/vermont/lpext.dll/Infobase/1bb86/1c30b/1c676/1c68f?f=templates&fn=document-frame.htm&2.0#JD_231115

Washington - 46.61.608
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section&section=46.61.608

Wyoming - 31-5-115
http://wydotweb.state.wy.us/Docs/Patrol/motorcycle.html

Again, I should emphasize that I'm acting as a layperson, not a
lawyer.  If you are planning on lane splitting in a state that I have
not listed, you should check with a lawyer (or motor vehicle
department) in that state.

- justaskscott-ga


Search strategy:

Searched on Google for terms: motorcycle lanes traffic
Found several statutes in search results

Used the following pages to locate state laws:

"Topical Index: State Statutes on the Internet (Part III): Motor
Vehicles"
Legal Information Institute (LII)
http://www.law.cornell.edu/topics/state_statutes3.html#motor_vehicles

"State Constitutions, Statutes and Related Legislative Information"
Legal Information Institute (LII)
http://www.law.cornell.edu/statutes.html#state

"State Information for Alabama - Colorado"
WashLaw
http://www.washlaw.edu/uslaw/uslal_co.html
[includes links to other states at bottom of page]

Browsed or searched state statutes for terms like "motorcycle" or
"lane"

Very good reasearch and answer! You may not be a lawyer in all 50, but
you must be a lawer in at least one.  Unfortunately, you missed my own
state, Massachusetts. GL Chapter 89, Section 4A, which states: "The
operators of motorcycles shall not ride abreast of more than one other
motorcycle, shall ride single file when passing, and shall not pass
any other motor vehicle within the same lane, except another
motorcycle".  http://www.state.ma.us/legis/laws/mgl/89-4A.htm

My guess is it is not specifically illegal in most locals, but you may
be charged with reckless driving or other if the police think you are
in danger or are creating a hazzard for others. If you pass at 65 MPH
with cars doing 60 on both sides of you, I would think you would make
the drivers on both sides nervous even if you perceive little danger.
When traffic is moving slow, drivers often don't watch closely nor try
very hard to stay in the center of their lane so a dangerous squeze
could occur easily I should think.  Neil

All I could find was alot of other people asking that question, some
thinking it's only legal in CA, and:
"Lane splitting is legal in California and Illinois and possibly other
states."
Commuter Cars
http://www.commutercars.com/public/MarketAnalysis-Patent/MarketAnalysisRick.pdf

If you get in trouble, here's a possible defense:
"There is evidence (Hurt, 1981) that traveling between lanes of
stopped or slow-moving cars (i.e., lane splitting) on multiple-lane
roads (such as interstate highways) slightly reduces crash frequency
compared with staying within the lane and moving with other traffic."
Motercycle Safety Foundation
http://www.nhtsa.dot.gov/people/injury/pedbimot/motorcycle/00-NHT-212-motorcycle/motorcycle51.html

I too was unable to find an online repository with the information you
seek. Just thought I'd add this link to a discussion board with lots
of good talk about the subject:
http://pub29.ezboard.com/ffz1ownersassociationfrm33.showNextMessage?topicID=98.topic

FYI- "Lane splitting" originated during the days of air cooled
motorcycles to prevent overheating in stopped or very slow traffic. 
As a result my understanding is that, in general, lane splitting is
permitted only at low speeds between 25-35mph.  However, this is
rarely enforced.

Don't do it if the cars are moving at all.
They may move sideways and scrunch you between them.

Even if it is not specifically legal, the police probably don't bother
about it because you are doing everyone a favour by reducing traffic
congestion.

I think it is safer to split lanes and get out of the traffic (if you
are only a few cars from the lights) rather than ride along beside
careless car drivers.