The CHP's new guidelines are a good step in the right direction but they say just what I said “its not illegal” they do not remove the grey area that has always been there. They actually keep the grey area intact when they say: “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.”
In other words if an officer feels that splitting a lane at 5mph between stopped traffic is not “safe and prudent” he/she can ticket you if he/she wants. And there would be no traffic code you could cite that allows motorcycles to split lanes in those conditions should you want to fight it. There are the guidelines but they are just that, not laws or traffic codes and they don't have to follow them if they choose not to. Keep in mind the CHP does not make laws and other departments do not have to follow their guidelines. Most would probably use the guidelines but it is a possibility they won't. Reckless riding is illegal and even under the new guidelines it is up to the officer whether or not any type of lane splitting is reckless. What is needed are traffic codes in place that specifically allow lane splitting not just guidelines that leave it up to an officers discretion. Whether or not 53% of Californians know about the legalities of lane splitting is beside the point, all I know is that it is accepted and expected for the most part here in the Bay Area. At least that’s my experience during my daily commute on Bay Area highways. I can't speak for other parts of California but I imagine its the same in the other urban areas. http://www.chp.ca.gov/programs/lanesplitguide.html On Friday, May 17, 2013 10:52:34 AM UTC-7, jeff mercier wrote: > > per California public radio over 53% of Californians are unaware that lane > splitting is LEGAL in califonia. > [ I believe what you talk about with the grey area is the same thing > proffered on wiki. it isn't true] > > as in any state if there is no law against doing it, its perfectly legal. > the fact that you go on to talk about getting tickets for other things > instead confirms this. > the chp in fact posts guidelines for lane splitting on their website. > personally it the law cant come here to florida too soon, way too many > people think the left lanes are thier personal domains, to go 20 30 mph and > more under the speed limit in the left lane. > and that's another law we are trying to get on the books down here, the > law making the left lane for passing only. > from what weve seen, this law has a better chance of being passed > presently than lane splitting so most cyclists are focusing on that right > now. > > > *From:* mbs <[email protected] <javascript:>> > *To:* [email protected] <javascript:> > *Sent:* Friday, May 17, 2013 12:24 PM > *Subject:* [Nighthawk Lovers] Re: About Lane Splitting > > This normal riding behavior here in the Bay Area. I do it everyday and > would feel uncomfortable not lane splitting in traffic, stopped or slow > moving. In fact, most car drivers around here would be a little puzzled > if you didn't do it. Many (not all), drivers will make extra room if they > notice you coming (even though it almost never necessary). I suppose its > all about what other drivers are used to or accept in your area. By the > way, from what i understand, lane splitting is not legal in California, its > just not illegal. There's nothing on the books that mention > lane splitting and a cop can get you for reckless riding if he/she feels > what you are doing is unsafe. That being said, cops have never bothered > me doing it but I've heard stories. > > > > > > -- You received this message because you are subscribed to the Google Groups "Nighthawk Motorcycle Lovers!" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. Visit this group at http://groups.google.com/group/nighthawk_lovers?hl=en-US. For more options, visit https://groups.google.com/groups/opt_out.
