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Author Topic: Lane splitting in CA might be legal soon  (Read 1123 times)

Richard230

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Lane splitting in CA might be legal soon
« on: August 05, 2016, 08:16:55 PM »

I just heard a news report this morning on the radio that the California state legislators yesterday sent Governor Moonbeam a bill that would specifically make lane splitting by motorcyclists legal in the state - if he signs it. I gather that the bill would authorize the CHP to formulate guidelines that would suggest safe maximum and differential speeds for this activity. That would make California the first state in the U.S. to ever formally recognize that motorcycles filtering past slow moving vehicles on multi-lane highways is legal (and not just tolerated, as it has been in the past because there were no laws against it).

Unfortunately, I missed a few seconds of the news report when the commentator mentioned that some provision in the proposed law was removed at the last moment, just before it was approved. I sure am interested in finding out what that provision was. Hopefully we will hear more about this bill in the near future.

I can just imagine the TV reporters wringing their hands over the concept, since they don't like anyone passing them on the freeway while they are stuck in traffic. No doubt they will be showing high-speed videos of lane splitting, along with crashes caused by the practice (as unfortunately occurred yesterday morning when a rider splitting lanes on Highway 101 near Mountain View died) in the hopes of encouraging voters to call and write the Governor asking that he veto the bill .
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domingo3

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Re: Lane splitting in CA might be legal soon
« Reply #1 on: August 06, 2016, 01:16:03 AM »

"Quirk’s original bill proposed that lane splitting could occur legally only when a motorcycle was moving no more than 15 miles per hour faster than the traffic around it, and it prohibited the practice at speeds above 50 mph.
Several motorcyclists’ groups objected to that language, finding the speed limit too low. Other groups and individuals, who believe that lane splitting is dangerous regardless of the speed, objected to the proposal on principle.
The revised bill, which has sailed through the legislative process, provides a basic definition of “lane” and leaves the rest to the CHP."

http://www.sfgate.com/news/article/California-to-establish-lane-splitting-rules-for-9123513.php

FYI, CHP had posted guidelines a couple of years ago but had to pull them down.
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Doug S

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Re: Lane splitting in CA might be legal soon
« Reply #2 on: August 06, 2016, 01:21:45 AM »

The 50 mph top speed I understand, but I can't imagine how anybody's ever going to prove the speed relative to the traffic around it, either yea or nay. Speeds fluctuate so fast in traffic it would be virtually impossible to maintain 15 mph difference, and that would require burying your head in your speedometer, too, which I would never want to do in traffic. 15 doesn't sound like enough, either...that means you could only do 15 mph with stationary traffic, and I feel like I need 25 mph before the bike is really stable enough for precise handling.

The ironic thing is that the studies all seem to agree it's safer for a motorcyclist to split lanes than to sit and wait to be rear-ended. The idea that splitting is dangerous is no more true than "loud pipes save lives"...it sounds good to some people, regardless of the facts.
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Richard230

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Re: Lane splitting in CA might be legal soon
« Reply #3 on: August 07, 2016, 06:44:36 AM »

As I predicted in my original post, the TV news is doing what they can to rile up their watchers regarding the proposed law making lane-splitting legal. The local ABC-affiliated TV station started off their news program this afternoon with a story about the "rash" of motorcycle accidents that had occurred this week (one of which involved lane-splitting and another that occurred when a CHP motorcycle officer ran into the back of a car). They immediately, without taking a breath, started discussing the proposed lane-splitting bill that was sent to The Governor, "who must sign it before it can become law." At least that report was followed (about the time their viewers' attention span had lapsed) by an interview with a CHP officer who said that motorcycle accidents had not increased recently and an interview with the owner of SF Moto who recommended lane-splitting to avoid being hit from behind and commented that it allowed him to get to work much faster than if he tried to drive a car.
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mrwilsn

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Re: Lane splitting in CA might be legal soon
« Reply #4 on: August 07, 2016, 11:40:00 PM »

I hope this works out in California and results in changes to the law in the rest of the U.S.  It may take a little time but hopefully if it's done right eventually the statistics will show that after the law is passed and with the release of guidelines and public education Motorcycle accidents goes down. The statistics compared to other countries already show that but most Americans don't care if something works abroad and aren't looking to import good ideas.

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BrianTRice@gmail.com

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Re: Lane splitting in CA might be legal soon
« Reply #5 on: August 08, 2016, 12:19:48 AM »

I ride according to CHP guidelines and I think the law's wording is good for keeping lane splitting relatively safe and delineating reckless driving. I've seen one biker go down and I had a slow mishap with cosmetic damage already.
« Last Edit: August 09, 2016, 10:45:47 PM by BrianTRice »
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Richard230

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Re: Lane splitting in CA might be legal soon
« Reply #6 on: August 08, 2016, 08:26:23 PM »

I picked this off of another forum and thought it was too good not to pass along:

    The California Highway Patrol has been on top of this for a long time. This PDF was published years ago.

    Lane Splitting General Guidelines

    Lane splitting in a safe and prudent manner is not illegal in the state of California.
    The term lane splitting, sometimes known as lane sharing, filtering or white-lining, refers to the process of a motorcyclist riding between lanes of stopped or slower moving traffic or moving between lanes to the front of traffic stopped at a traffic light.
    Motorcyclists who are competent enough riders to lane split, should follow these general guidelines if choosing to lane split:
    1) Travel at a speed that is no more than 10 MPH faster than other traffic – danger increases at higher speed differentials.
    - A speed differential of 10 miles per hour or less allows an alert, competent rider enough time to identify and react to most dangerous situations that can occur.
    - The greater the speed differential, the less time a rider has to identify and react to a hazard.
    2) It is not advisable to lane split when traffic flow is at 30 mph or faster --- danger increases as overall speed increases.
    - At just 20 mph, in the 1 or 2 seconds it takes a rider to identify a hazard, that rider will travel approximately 30 to 60 feet before even starting to take evasive action. Actual reaction (braking or swerving) will take additional time and distance.
    - Braking and stopping distance varies greatly based on a multitude of factors(rider, machine and environment).
    - As speed increases, crash severity increases.
    3) Typically, it is safer to split between the #1 and #2 lanes than between other lanes.
    - Other road users are more accustomed to motorcycles splitting between the #1 and #2(furthest left) lanes.
    - Avoid splitting in lanes near freeway on-ramps and exits.
    - Avoid splitting lanes when another motorcycle rider is splitting between other nearby lanes as cars may make additional room for one rider and accidentally reduce space for another.
    4) Consider the total environment in which you are splitting, including the width of the lanes, size of surrounding vehicles, as well as roadway, weather, and lighting conditions.
    - Some lanes are narrower than others, leaving little room to pass safely. If you can't fit, don't split.
    - Some vehicles are wider than others -- it is not advisable to split near wide trucks. If you can't fit, don't split.
    - Know the limitations of your motorcycle --- wide bars, fairing and bags require more space between vehicles. If you can't fit, don't split.
    - Avoid splitting on unfamiliar roads to avoid surprises such as poor road surfaces.
- Seams in the pavement or concrete between lanes can be hazardous if they are wide or uneven.
    - Poor visibility, due to darkness or weather conditions, makes it difficult for riders to see road hazards and makes it more difficult for drivers to see you.
    - Help drivers see you by wearing brightly colored protective gear and using high beams during daylight.
    5) Be alert and anticipate possible movements by other road users.
    - Be very aware of what the cars around you are doing. If a space, or gap, opens up next to your lane, be prepared react accordingly.
    - Always be prepared to take evasive action if a vehicle changes lanes.
- Account for inattentive or distracted drivers.
- Riders should not weave back and forth between lanes or ride on top of the line. - Riders should avoid lingering in blind spots.
- Never ride while impaired by drugs, alcohol or fatigue.
- Constantly scan for changing conditions.

    The Four R's or “Be-Attitudes” of Lane Splitting:
    Be Reasonable, be Responsible, be Respectful, be aware of all Roadway and traffic conditions.
    - Reasonable means not more than 10 MPH faster than traffic flow and not over 39 MPH. - You are Responsible for your own safety and decisions.
    Don't put yourself in dangerous positions.
    If you can't fit, don't split. 
- Be Respectful --- sharing the road goes both ways.
    Don't rely on loud pipes to keep you safe, loud pipes often startle people and poison the attitude of car drivers toward motorcyclists.
    Other vehicles are not required to make space for motorcycles to lane split. - Roadways and traffic can be hazardous due to: uneven pavement; wide trucks; distracted drivers; weather conditions; curves; etc.

    
Disclaimers: 
These general guidelines are not guaranteed to keep you safe. 
Lane splitting should not be performed by inexperienced riders. These guidelines assume a high level of riding competency and experience. 
The recommendations contained here are only general guidelines and cannot cover all possible combinations of situations and variables. 
Personal Safety: Every rider has ultimate responsibility for his or her own decision making and safety. Riders must be conscious of reducing crash risk at all times. California law requires all motorcycle riders and passengers wear a helmet that complies with the DOT FMVSS 218 standard.

    Risk of getting a ticket: Motorcyclists who lane split are not relieved of the responsibility to obey all existing traffic laws. With respect to possible law enforcement action, keep in mind that it will be up to the discretion of the Law Enforcement Officer to determine if riding behavior while lane splitting is or was safe and prudent.

    When is it NOT OK to split? You should NOT lane split:
- If you can't fit.
- At a toll booth.
    - If traffic is moving too fast or unpredictably.
    - If dangerous road conditions exist --- examples include water or grit on the road, slippery road markings, road construction, uneven pavement, metal grates, etc.
    - If you cannot clearly see a way out of the space you're going into (for example, if a van or SUV is blocking your view).
    - Between trucks, buses, RVs, and other wide vehicles.
- Around or through curves.
- If you are not fully alert and aware of your surroundings.
- If you are unable to react to changing conditions instantaneously. - If you don't feel comfortable with the situation.

    Messages for Other Vehicle Drivers
    1) Lane splitting by motorcycles is not illegal in California when done in a safe and prudent manner.
    2) Motorists should not take it upon themselves to discourage motorcyclists from lane splitting.
    3) Intentionally blocking or impeding a motorcyclist in a way that could cause harm to the rider is illegal (CVC 22400).
    4) Opening a vehicle door to impede a motorcycle is illegal (CVC 22517). 5) Never drive while distracted.
    6) You can help keep motorcyclists and all road users safe by: Checking mirrors and blind spots, especially before changing lanes or turning; Signaling your intentions before changing lanes or merging with traffic; Allowing more following distance, three or four seconds, when behind a motorcycle 
so the motorcyclist has enough time to maneuver or stop in an emergency.
     

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Richard230

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Re: Lane splitting in CA might be legal soon
« Reply #7 on: August 15, 2016, 06:45:27 AM »

This blog by Bike Bandit seems to do a good job telling what is going on with the proposed bill (which the Governor is still mulling over, I assume). It pretty much leaves everything up to the CHP, as the legislature didn't have the political guts to tackle the details themselves, so they passed the buck (in time-honored tradition  ::) ) to the CHP to figure it out: http://www.bikebandit.com/blog/post/california-legislature-unanimously-approves-lane-splitting-bill
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Richard230

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Re: Lane splitting in CA might be legal soon
« Reply #8 on: August 20, 2016, 10:38:21 PM »

The Governor signed the law yesterday, so now everyone (especially the news media) is waiting for the guidelines that the CHP will be preparing in order to enforce the rules for lane-splitting. 

Naturally, this story made the front page of my newspaper today. The article says that: "Nearly two-thirds of drivers across California frown on lane-splitting according to a survey last year by the state Office of Traffic Safety, which found public aversion to the practice growing. The survey found opposition to lane-splitting was nearly 78 percent in Santa Clara County, 77 percent in San Francisco, 68 percent in Alameda County and 60 percent in Contra Costa County." It ends with the statement that: "Arizona, Texas, Washington, Nevada and Oregon are considering legalizing the practice"
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benswing

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Lane splitting in CA might be legal soon
« Reply #9 on: August 20, 2016, 11:17:41 PM »

Basically this gives the California Highway Patrol the right to post the guidelines they posted years ago.  It would be hilarious if they posted exactly the same guidelines that they were forced to take offline when someone sued them for creating a law without going through the legislature.


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Manzanita

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Re: Lane splitting in CA might be legal soon
« Reply #10 on: August 28, 2016, 10:18:23 AM »

This is awesome, and I have been following this on the BARF forum for some time. Although I lane-split, I definitely feel it is much more dangerous than simply sitting still behind traffic, because when cars space out with gaps, many riders 'roll the dice' and simply ride through these gaps, which is no different than weaving through traffic--you are open to being side-swiped by cars that do not signal and do not check their blind-spot (ie most drivers). Riding through stopped cars on the other hand is pretty safe when done at reasonable speeds--and where you gain the true advantage in terms of reducing your commute time.

What this law allows is for the CHP to actually develop training materials and guidelines (like what I am mentioning here). Previously this was not allowed. So the new law is a big win. If riders want to take certain risks, that's fine, but I think many riders splitting gapped traffic aren't even fully aware what behavior is dangerous and what is relatively safe. I have ridden behind guys who refuse to split stopped cars but split when the traffic starts moving! I wake up to the bay area radio traffic reports and it seems like 1/3 of the freeway accidents involve a "motorcycle down".
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Re: Lane splitting in CA might be legal soon
« Reply #11 on: September 02, 2016, 05:36:42 PM »

This is likely some contributing information CHP is reviewing to make determinations:

http://www.genepilot.com/CHP/showIncidents.php

The occasional "20002-Hit and Run No Injuries" where "MC hit mirror".
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