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Old Mar 15, 2016 | 10:32 PM
  #91  
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Originally Posted by e.nigma
Maybe I'm just dense butI simply don't understand this statement. Everything is legal unless there is a law prohibiting it.
It is a confusing concept. I am not an attorney, but will try to explain the subtle difference. There is "legal" versus "allowed". For something to be legal, it must be written into law. For something to be illegal, it must be written into law.

If lane sharing is not expressly written into law as illegal, it is therefore allowed. As such, it does not have distinct guidelines.

When lane sharing becomes legal, as in governed by law, it will have distinct regulations. For example, the law may state that you may only lane split if traffic is moving 30 mph or less; and you may not exceed 45 mph while lane splitting. If that happens then the Police could issue a citation if traffic is slow and you are splitting going 50 mph; or if traffic is going 55 mph and you are splitting at 60 mph.

I hope that helps.
 
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Old Mar 16, 2016 | 02:20 AM
  #92  
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Originally Posted by Sarah93003
It is a confusing concept. I am not an attorney, but will try to explain the subtle difference. There is "legal" versus "allowed". For something to be legal, it must be written into law. For something to be illegal, it must be written into law.

If lane sharing is not expressly written into law as illegal, it is therefore allowed. As such, it does not have distinct guidelines.
This is not necessarily true either. I also am not a lawyer and am open to debate or correction but..
I'm really pretty sure lane splitting isn't LEGAL here in Illinois. However, just because it may not be mentioned in a law prohibiting it doesn't mean it isn't covered by ANOTHER LAW. i.e., let's say there's no lane splitting law for or against, is it "allowed"? Not if your state has laws like IL that talk about "A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety." And things like improper lane change and improper lane usage can very often be left up to the cops opinion. Beatable in court, sure, possibly. But possibly not. Lol. Not sure I'm making sense right now, it's late, but for now I'm going to sum up with, I agree that something is either legal OR it isn't.
 
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Old Mar 16, 2016 | 07:19 AM
  #93  
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Originally Posted by jbfb
This is not necessarily true either. I also am not a lawyer and am open to debate or correction but..
I'm really pretty sure lane splitting isn't LEGAL here in Illinois. However, just because it may not be mentioned in a law prohibiting it doesn't mean it isn't covered by ANOTHER LAW. i.e., let's say there's no lane splitting law for or against, is it "allowed"? Not if your state has laws like IL that talk about "A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety." And things like improper lane change and improper lane usage can very often be left up to the cops opinion. Beatable in court, sure, possibly. But possibly not. Lol. Not sure I'm making sense right now, it's late, but for now I'm going to sum up with, I agree that something is either legal OR it isn't.
Lol, great debate.
I am a licensed Illinois Attorney. If you lane split in Illinois, your gonna get a reckless driving ticket. And you ain't gonna beat it in court. You may get it reduced to a lesser offence with a reduced fine and court costs. But if the cop shows up at court, your likely out some cash.
 
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Old Mar 16, 2016 | 08:26 AM
  #94  
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Originally Posted by jbfb
This is not necessarily true either. I also am not a lawyer and am open to debate or correction but..
I'm really pretty sure lane splitting isn't LEGAL here in Illinois. However, just because it may not be mentioned in a law prohibiting it doesn't mean it isn't covered by ANOTHER LAW. i.e., let's say there's no lane splitting law for or against, is it "allowed"? Not if your state has laws like IL that talk about "A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety." And things like improper lane change and improper lane usage can very often be left up to the cops opinion. Beatable in court, sure, possibly. But possibly not. Lol. Not sure I'm making sense right now, it's late, but for now I'm going to sum up with, I agree that something is either legal OR it isn't.
I'm a little confused by the above. If it is covered by another law, it is covered. Illinois may call it something different, or just describe it. According to this link at the AMA website, it is illegal.

http://americanmotorcyclist.com/Righ...spx?stateid=13

Check Illinois Vehicle Code, 11-703. http://www.ilga.gov/legislation/ilcs...050K11-703.htm

In pertinent part, paragraphs (a) and (c) seem to indicate that sharing a lane, splitting a lane, etc. is illegal.
 
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Old Mar 16, 2016 | 05:37 PM
  #95  
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I won't do it as we have vigilante drivers around here that would throw a door at you just cause they think if they have to be stuck in traffic so should you. But if someone wants to, fill your boots it dosent affect me one bit
 
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Old Mar 16, 2016 | 06:03 PM
  #96  
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Originally Posted by Sarah93003
I'm a little confused by the above. If it is covered by another law, it is covered. Illinois may call it something different, or just describe it. According to this link at the AMA website, it is illegal.

http://americanmotorcyclist.com/Righ...spx?stateid=13

Check Illinois Vehicle Code, 11-703. http://www.ilga.gov/legislation/ilcs...050K11-703.htm

In pertinent part, paragraphs (a) and (c) seem to indicate that sharing a lane, splitting a lane, etc. is illegal.
I'm on my phone (not operating a vehicle) so excuse me for not visiting that link right now and if I make a mess because of it I'm sorry. But basically what I'm saying is you will never have to look far to find a law covering something in the positive or negative. Even if it's not called what you want to call it. The example here would be lane splitting being just covered by reckless driving. I get that the links might be more explicit but remember I was only trying to address the concept of stuff being "allowed" just because a law wasn't specifically created for or against. That's what I'm saying is overwhelmingly likely not the case.
 
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Old Mar 16, 2016 | 06:17 PM
  #97  
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Originally Posted by jbfb
I'm on my phone (not operating a vehicle) so excuse me for not visiting that link right now and if I make a mess because of it I'm sorry. But basically what I'm saying is you will never have to look far to find a law covering something in the positive or negative. Even if it's not called what you want to call it. The example here would be lane splitting being just covered by reckless driving. I get that the links might be more explicit but remember I was only trying to address the concept of stuff being "allowed" just because a law wasn't specifically created for or against. That's what I'm saying is overwhelmingly likely not the case.
Understood. What I posted earlier was my feeble attempt to explain how something not being expressly legal is by default, "allowed"; unless of course if it is expressly illegal. So, it is more accurate to say that lane splitting is "allowed" in California but still not yet legal, since there are no laws addressing it - either for or against.
 
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Old Mar 16, 2016 | 11:18 PM
  #98  
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and that's the way it should stay
 
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Old Mar 17, 2016 | 01:12 AM
  #99  
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Originally Posted by Sarah93003
Understood. What I posted earlier was my feeble attempt to explain how something not being expressly legal is by default, "allowed"; unless of course if it is expressly illegal. So, it is more accurate to say that lane splitting is "allowed" in California but still not yet legal, since there are no laws addressing it - either for or against.
There are those who say that anything not written as illegal must therefore be legal.

Obviously I'm no lawyer. But everyone knows what we're talking about when we say it's "legal" in California. Hopefully the wording alone doesn't cause issue now or in the future, as I say it that way too.
 
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Old Mar 18, 2016 | 12:15 AM
  #100  
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By the way~ Even though the CHP "parameters" for lane splitting were removed from the DMV website, that same verbiage is alive and well in the Cal Moto Handbook available today, at any DMV field office.
 
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