What is Lane Splitting?
Lane splitting is the practice of a motorcyclist riding a motorcycle between rows of slow-moving or stopped vehicles in traffic. Often called "filtering" or "white lining" by other motorcycle riders, the act of lane splitting allows the motorcyclist to move at a higher speed than the surrounding traffic. In congested traffic situations, lane splitting gives the motorcycle rider a chance to move past the majority of vehicles in a more efficient manner at essentially a standstill in terms of safety.
Motorcycle riders commonly lane split on busy streets or highways to avoid rear-end collisions with motorists who may not be paying close attention during low speed or stop-and-go traffic situations . Motorcyclists often cite lane splitting as a method of avoiding car or truck drivers during poor weather conditions where reduced visibility or slippery roads may increase the risk of an accident. The most dangerous times for motorcyclists are during rush hour traffic, when high-speed vehicles are moving at up to 60 miles per hour in close proximity to the motorcyclist trying to merge to the front of the long line of cars.
Lane splitting has been employed across the globe, across cultures, in various forms, and across history. In some areas of the world, lane splitting is not allowed, but by and large, most experts agree that lane splitting is safer for the motorcyclist when compared with riding in between lanes of traffic.
Current Status of Lane Splitting in Washington State
Due to the ambiguity in the current legislation, Washington law does not yet explicitly define lane splitting as an illegal activity. However, Washington does have a lane splitting bill in their House and Senate, where they are being considered by transportation committees from both legislative bodies. They passed their first readings. If these bills are adopted, they would specifically prohibit lane splitting in the state of Washington.
However, in 2015, the Washington State Transportation Commission adopted a policy that stated they supported and encouraged the study of a lane splitting policy in Washington. However, no official law has been adopted and enacted as of yet. It’s unclear whether motorcycle lane filtering is legal in Washington. This seems to be split among some of Washington’s law enforcement, as some report that lane filtering is legal, while others report it’s illegal. Some officers have been conciliatory in the enforcement of lane filtering.
In some areas, the Washington State Patrol (WSP) has informally ill-advised motorcycle riders to use lane splitting. Even though it’s a gray area, some Washington motorcycle accident lawyers advise motorcyclists to be cautious when lane filtering. If you are involved in an accident, insurance companies can use evidence of lane filtering as a way to avoid liability for your injuries.
A Comparison of Lane Splitting Laws across States
While "lane splitting" in Washington State is currently an unregulated activity that has not been explicitly prohibited by statute or regulation, there are several important differences between Washington’s approach and certain other states. The most prominent is California, where lane splitting has been specifically legislated to be authorized. In 2019, the California Legislature passed a Bill amending California Vehicle Code Section 21658 to state:
"(a) Subject to the provisions of subdivision (b), operation of a motorcyclist or motorized bicycle on the line dividing lanes of traffic, regardless of any lane markings that may connect with the line, is permitted during daylight hours if the operator complies with all of the following:
- (1) Progression at a speed that is no more than 15 miles per hour.
- (2) Clouds without a risk of getting struck by another vehicle.
- (3) A motorcycle that is authorized by law to be operated as a motor driven cycle. This paragraph does not apply to a motorized bicycle.
- (4) The operator of the motorcycle or motorized bicycle must wear a properly fitted and fastened helmet that meets federal safety standards for motorcycle safety helmets.
(b) The provisions of subdivision (a) do not authorize the operation of a motorcyclist or motorized bicycle between rows of vehicles that are stopped or moving in the same direction at 15 miles per hour or less.
(c) The enactment of the act that added this section to the Vehicle Code does not prevent the enforcement of any local ordinance or regulation that is more restrictive than this section. This section does not preempt local ordinances or regulations that are more restrictive than this section."
In contrast with California, Idaho restricts motorcyclists from driving between lanes of traffic and between vehicles. Lane splitting is permitted in Tennessee, but only if the motorcyclist follows the same speeds as vehicle traffic in a no more than 15 mile per hour speed differential. Lane splitting is also permitted in three other states: Delaware, Montana, and Oregon. Michigan prohibits lane splitting without exception, while Minnesota limits lane splitting to motorcycles rated for three wheels. Virginia allows lane splitting, but only if the driver utilizes emergency lights.
It is noteworthy that Washington House Bill No. 2076, an Act relating to lane sharing by motorcyclists on the roadway, was introduced in January 2019 and referred to the House Transportation Committee. The Bill states:
"It is unlawful for the operator of a two-wheeled motorcycle or moped to overtake and pass another motorcycle or moped in the same lane or travel between lanes of traffic. . . . For the purposes of this section, "lane sharing" is the overtaking and passing of another motorcycle or moped in the same lane or the traveling of another motorcycle or moped between lanes of traffic."
Washington is surrounded on three sides by states where lane splitting laws are either explicitly prohibited or restricted, either generally or to motorcycles rated for three wheels. In fact, after lane splitting was made legal there in 2016, Montana became the first state explicitly to restrict it to three-wheeled motorcycles or mopeds. Nevertheless, every year Washington’s House has a bill seeking to prohibit lane splitting between vehicles, generally referring to it as "white-lining." So far, none of the bills have passed. There is currently another bill in the House Transportation Committee entitled "Clarifying lane splitting is not a defense to driving a motor vehicle which strikes a motorcycle."
Safety Issues Lane Splitting Presents
With regards to lane splitting, the common mantra among motorcyclists is that, regardless of whether it’s legal or not, it’s just better to avoid it. While Washington law does not specifically address this issue, stats paint a clear picture showing lane splitting is risky.
The National Highway Traffic Safety Administration estimates that 5,014 motorcyclists died on U.S. roadways in 2019 and another 976 (19%) were killed in traffic crashes while lane splitting. Their report goes on to say that motorcyclists who habitually practiced lane splitting weren’t necessarily more likely to be injured or killed than those who didn’t, but that the risk of injury or death was higher overall when lane splitting than when riding in normal traffic .
One of the world’s foremost experts on motorcycle safety, Professor Harry Hurt, couch this idea in even stronger terms. He found that, while the risk of being struck by a motorist during lane splitting is higher, lane splitting is nevertheless safer by far. His report found that lane splitting reduced passenger vehicle driver-motorcycle rider crashes (in which risk-taking passenger vehicle drivers fail to yield to motorcyclists) by 42.5%.
A slightly older analysis, by a team from UC Berkeley, went further. They examined California Highway Patrol data over a seven year period in which lane splitting was allowed, finding that lane splitting significantly reduces the risk of injury in traffic crashes and may reduce rear-end collisions. They also found that most motorcyclists who were killed or injured while lane splitting were travelling faster than 30 mph.
Movement to Alter Lane Splitting Laws
As of September 26, 2019, there has been no legislative action in the state of Washington to either legalize or restrict lane splitting. The Washington Motorcycle Safety Program (WMSP) fully supports the legalization of lane splitting on a legal basis to allow for a choice to consider this as an option for safety, efficiency, and convenience. The Washington State Patrol, however, has strongly opposed the practice, claiming it is inherently reckless and unsafe. In May 2019, Colorado became the first state to legalize lane splitting, and the move is credited to work from motorcyclist groups such as the Colorado Department of Transportation, the Buffalo Soldiers Motorcycle Club in Denver, and the Colorado Potter Warriors motorcycle group. Many state motorcycle Action Committees have emerged throughout the U.S. to promote the legalization of lane splitting, and they are also working to pass anti-harassment laws and other motorcycle friendly amendments in their states. Advocacy groups such as the Lane Share Safety and Respect Coalition use research to demonstrate that lane splitting is safe. They report that California, where lane splitting has been legal since 2016, saw its motorcyclist injury rates decrease dramatically by 17.6% post-legalization through 2017, despite there being more motorcycles on the road than ever. This rate is consistent with the decade-long downward trend in all motorcyclist injuries nationally. The Coalition also promoting that the implementation of proper legislation could ensure the safety of motorcyclists. A 2018 study funded by the Coalition found that lane splitting legislation with established speed conditions and distance allowances mitigated vehicle collisions.
Advice for Washington State Motorcyclists
If you’re a motorcyclist from Washington state, here are some tips to help you navigate the current laws in Washington state:
· Under the current laws, lane splitting is illegal. In order to avoid any potential confusion, simply keep in mind that it’s preferable that you stay within the lane and not try to move over the line into another lane.
· Washington state does not allow motorcyclists to ride on the shoulders during congested conditions. If you find yourself stuck in rush hour traffic, we recommend staying in your lane, keeping a safe distance from both other motorists and the concrete barrier .
· Washington is a no-fault state, meaning that all motorcycle insurance policies must cover motorcycle accidents, injuries to bikers, and damage they may inflict on other vehicles or pedestrians. Therefore, it’s important to know your motorcycle insurance policy inside and out and what it does and does not cover.
· Some states allow motorcyclists to drive on the shoulder. For the record, Washington is not one of those states. Motorcyclists in Washington are prohibited from doing anything that would otherwise require them to impinge on a traffic lane. We recommend avoiding the shoulder at all times. Not only is it illegal, it can be dangerous.