I'm with you there uklauren. That's why I hate riding at night. I do only when I have to. I usually can't see anything until I'm right up on it. I hate that

 

There is nothing wrong with lane splitting(in Calif, the law does not ban, it -- so it must be legal). However I disagree with the language in the bill before the legislature.

 

Would not a better question be can you show a statute in the California that makes it legal? Clearly you can't unless the bill that I posted the article to has passed in the California legislature in the last four and half months.

Just because there is not specific statute for said action does not automatically make that said action legal. California has admitted that they have turned their heads to lane splitting for years, that in and of itself is admission that it was not legal to do they just ignored it yet in these years they are just now in 2015 attempting to do something about it.

Your monkey see monkey do does hold water. California at one time posted information on how to lane split, even CHP posted up the information then it all came down. Now stop and think a moment why it came down.

Simple reason there was no statute in the vehicle code that allowed lane splitting and how can the state and CHP post up guidelines to do something that the states own vehicle code did not allow. A complaint came in from the public and pointed that out and down came the guidelines and still it has taken until 2015 to even try to pass a bill to govern lane splitting.

Does anyone know if that bill did actually pass that I posted?

You guys can jump on me all you want but the fact is Lane splitting has not been legal in California, the state has just choose to turn their heads the other way.

The AMA not been very truthful on this matter as they seem to think if they cry lane splitting is legal enough times that it will magically become true. If lane splitting was already legal why is the AMA so involved in the issue in the state of California trying to get a bill passed that will make it legal?

I don't think any one really wants the bill to pass that is riding because that bill will impose restrictions on the practice of lane splitting and law enforcement will have a statute to write said violations under. Knowing young adults and teens on motorcycles it won't take long before they start getting pulled over for violating those restrictions and we all know what comes next, yep the fleeing and eluding law enforcement which will result in crashes, injuries and death. I don't know if fleeing is a felony in California but in Florida it is a felony yet motorcyclist flee law enforcement all the time here because they know their motorcycle one will go faster than the police car and two they lane split at dangerously high speeds to elude law enforcement.

Look I have not stated a position on the practice of lane splitting in any of the posts what I don't like is everyone making the bogus claim that it is legal to do when that is just not true. Everyone who posts that it is legal and has always been legal is posting bogus information.

This is one of those be careful of what you wish for because you might not like it once you get it. Once the guidelines take effect if a bill passes to make the practice of lane splitting legal expect enforcement to begin and the problems that will go along with it that I state above.

I am a retired LEO from Florida, I have had motorcycles run from me when I attempted to pull them over, I have had some who got scared and after attempting to run pull over. Your big problem with lane splitting becoming officially legal is going to be your crotch rocket crowd more than any other as they are the ones who are going to bend their license plate under the rear fender so you can't read it or they will move it from the stock mounting point way up under the rear fender again so you can't read it, they will flee when they are attempted to be stopped for violating the statute on lane splitting if the state passes one. Once that starts to happen crashes, injuries and deaths will quickly follow and mark my words when they find out they can't control the practice of lane splitting it will become illegal no if ands or buts about it.

 

More of that faulty thinking of well there is not a statute for lane splitting so it must be legal. Lets take that a step farther, how about the guy with that little smart car they are not very big but what if that guy sees an opening and he feels he can fit his smart car between the other traffic and he starts lane splitting, after all as you have pointed out there is not statute that says you can't so it must be legal.

Anyone remember those King Midget cars and others like them, they were legal for road use and they were small and could attempt lane splitting. I know a lot of you are not old enough to have ever seen a King Midget car but I am.

See how ridiculous the argument is of well it is not covered in the vehicle code so it must be legal.

 

Excellent post with correct observations! I had my one and only motorcycle accident (in 45 years of riding) in my first year of riding. Car pulled out in front of me from a driveway that was obscured by bushes. I T-boned the rear of the car, coming off the bike and over the trunk. The bike followed behind me (don't know how) and landed on my left knee as we slid on the side of the road for a number of feet. This was my 1970 SL100. I was wearing helmet, gloves, levis, boots and jacket. I walked away with minor injuries and a split open helmet.

I LEARNED A LOT from that. Learned to ride defensively over the decades. Almost a 6th sense to me now (I can "feel"...well, hard to articulate..."see" that something is not right and can take action before needed). Just something honed over the year and miles. I have been "lucky" to have not had an accident since then after riding a few hundred thousand miles in my lifetime.

My 2014 Sportster is the first bike with ABS. I will never, ever buy another bike without it. In fact I wish Harley would go to traction control too.

I have had a clutch cable or two break on me at a stop light. Not fun. I started keeping my bike in neutral after that but constantly scanning my rear view mirror and the intersection looking for a way to get out if needed. Became second nature decades ago.

I like you feel safer on a freeway for all the same reasons you mentioned although I really don't like riding them. I don't like to ride in a city either much anymore (I live in the country now). I do ride country two lane roads and between cars crossing the yellow lines, dogs and other animals, it is still my preferred riding (but as you pointed out, you have to be aware of all the hazards).

Over the years, I have had 5 good friends killed on motorcycles. Four of them in the city (the usual, but one when a car that was parked against the curb pulled out in front of him and his old lady...I was about a bike length behind and thought a second or two later, that could have been me)and one on a mountain road (RV came over the yellow line on a blind left corner, my friend was on the left side of the lane when he was hit head on). Each of these were learning points for me unfortunately.

Again, you are spot on in your observations and really appreciate you laying them out there.

 

BillJ, your argument doesn't hold water. Since you clearly think lane splitting is illegal in CA, please point out the section of the vehicle code that states it. In this country unless something is illegal by law, it is legal. You can be cited in CA for doing things while in the act of lane splitting - speeding, reckless driving,... but you can't be cited for "lane splitting". I'm no expert on CA vehicle codes but your example of lane splitting with cars would seem to be similar, there would be other sections that the driver could be cited under.


Your attitude that something must be written into the laws in order to be legal, esp. since you profess to have been an LEO, is frightening. There are no laws anywhere in the country that say it is legal to pop my knuckles so that means it is illegal? There is no law that states I must get out of bed when my alarm goes off in the morning so getting out of bed must be illegal? Yes, these are dumb examples but they do make the point.


If something is not illegal it is LEGAL. It can only be illegal if there is a law making it illegal.

 

Billj,

I do appreciate your opinion on this topic but for the record, I didn't jump on you, if anything, I welcomed your opinion as just that, an opinion.

While I appreciate your comment coming from a "Retired" Fellow Brother Law Enforcement Officer, you and I will just have to agree to disagree on this. I've been in California Law Enforcement for over 30 years and I'm am nearing the end of my career with 1 year, 1 month and 20 days left...Yes, I'm counting the days...

I know what I know and I'm pretty knowledgeable when it comes to the laws in the State of California and will enforce those laws covered by statute. I can't enforce a law that doesn't exist. Now that may be the way things are done down in Florida, but not here in California.

That being said, I welcome guidelines covering lane splitting in California because I to get annoyed when a Crotch Rocket whizzes by me at break neck speeds while I'm stopped in traffic. It's not because they're getting ahead of me, it's because it dangerous. I know who the drivers are that have no issues with it. They're the ones who move over. The ones who take exception to it crowd the lane so you can't pass. That is their right as long as they don't do so with the intent to make a motorcycle crash in which case that would elevate to Assault with a Deadly Weapon, which is specific intent crime in California but how do you prove that?

Interesting story here if you'll indulge me for just a minute. In 2012, my Brother-In-Law and a Co-Worker were killed by a drunk driver while working in the middle of the night on the 405 Freeway in Torrance, California. The drunk driver was arrested, charged and convicted for this crime and is now serving 34 years to life in state prison.

This started a 2 year nightmare in which, we had to drive from our home 40 miles east of Los Angeles to Torrance, Ca 70 miles one way for all the court proceedings.

I can remember driving in the early morning hours in the HOV lane to court on SR-60 in almost stopped traffic. I was surprised to see all the motorcycles lane splitting between the HOV and the fast lane at breakneck speeds.

Every once and awhile, I'd see a CHP, Local Muni Cop or Sheriffs Deputy, whiz past just as fast. I'd tell my wife, one of those guys is going to go down. Sure enough it happened about a week later, a Sheriff's Deputy went down while splitting traffic. Now, if he hit a car that was changing lanes as he was passing, he would probably be at fault because even though it's called lane splitting, it really isn't, it's a series of lane changes moving from one lane to another and to do that, it has to be done safely and when it's not and an accident occurs someone is at fault. 99% of the time, it's going to be the cyclist for driving at an unsafe speed, following to closely, passing on the right/left when unsafe, unsafe turning movement or any other section an LE officer can find.

So your right in that, LE probably does turns their heads to those violations up until a collision occurs because until then, a traffic violation has not occurred.

So what did you think about the rest of my post?

 

Thanks for the Great Post. I fall into the commuter category here.

Still learning every day.. Especially enjoyed the Practice tips, as that is something that was drilled into us during our MSF Basic Rider Course.

Thanks again!

 

Newbs always finding something to complain about.
To the OP, I say once again, nice write up!

 

I can't read your post. I don't have enough vacation time saved up.