HWY Shoulder Legal Question

[#1Townie]

It's just not an issue though if you're splitting in very slow\stopped traffic, which is really the only time you should be splitting. There's nowhere for cars to move to or reason for them to move over. Yes, youtube videos of bikes doing 120 through stopped traffic make it seem really dangerous and stupid, and yes, doing it that way is really dangerous and stupid. If practiced within reason though, it's just not an issue and it works so well for getting around in congestion. At a societal level, it improves congestion and reduces motorcycle fatalities. What's not to like about that?

You are trying to use reason. There is no reason when it comes to angry dumb people. I'm just saying it isn't worth it. It just isn't.

[JKOL]

I drove from San Diego to Fresno when I arrived in CA to run a solar project last summer. Going through LA I had 4 CHP split lanes between myself and another vehicle while in a curve at full highway speed.....not in a traffic jam, at 70+mph. Dumbest shit I have ever seen and made even better by the fact that it wasn't squids in backwards hat with spine protectors, but Seven Mary 3 & 4.

[#1Townie]

I drove from San Diego to Fresno when I arrived in CA to run a solar project last summer. Going through LA I had 4 CHP split lanes between myself and another vehicle while in a curve at full highway speed.....not in a traffic jam, at 70+mph. Dumbest shit I have ever seen and made even better by the fact that it wasn't squids in backwards hat with spine protectors, but Seven Mary 3 & 4.

Hahahaha I loved that show as a kid!

[JKOL]

Hahahaha I loved that show as a kid!

I was hoping someone would get the reference.

[Aaron]

Lane splitting and riding the shoulder is illegal in Colorado, and probably always will be.

That being said, in traffic, I personally wouldn't have a problem with bikes doing either. You're risking the cop's discretion.

[AOK303]

I try to not ride the shoulder but pulling off and stopping on your bike on the highway not great or legal too. last year i had to do it 4 times i always exit first ramp so its not like im crusing the lane.
Ive had 2 do it twice this year once on six once on i25 Knock on wood that will be it on i25 a cop did watch me do it but didnt flash lights or siren or try to fallow i was only going about 5 mph

[bulldog]

I don't think there is any CA law authorizing lane splitting, it's just not prohibited. High school chemistry says you can't filter carbon monoxide, but the chief benefits of lane splitting are typically the reduced rear end motorcycle fatalities and the increased overall efficiency.



I try to be a generally reasonable person when I ride\drive\live and generally speaking, I feel like that comes back in the form of courteous behavior from others. That whole do unto others thing... I don't ride 100 on the highway, I don't get all up in people's shit, I wear gear, I don't ride a stretched 600 with ghettoboys lighting, and while there is occasionally someone who is just having a shitty day and I somehow aggravated them, I generally just keep on going and that's the end of it. In my experience lane splitting in CA and Italy, it works perfectly fine and people are generally courteous and give you all the room they can. Obviously don't be an ass about it and do 50mph faster than the flow of traffic, but 5-10mph faster in slow traffic and everything is perfectly fine. Yes, there are psychopaths out there, but is respectful riding really going to trigger that? From the Hurt report, "Deliberate hostile action by a motorist against a motorcycle rider is a rare accident cause" and they get charged with attempted manslaughter and sent to jail before they and their insurance company get sued to kingdom come and back.

I admit i was wrong about the filters and they do not filter carbon monoxide. I guess am juts thinking common sense wise though and what stops carbon monoxide.....steel and panes of glass....exactly what a car is Yeah windows rolled down defeats that purpose, but I would think a cage of glass and steel/aluminum would shied most carbon monoxide. No idea if the actual law was about this, but I just put the exert from what I remember reading about it.

P.S. Townie, no need for me to simmer down....you can probably tell I kind of enjoy arguing At least this is what my wife tells me....


This article is stating that CHP did finally put out rules for lane splitting in January (cracking down on speed of lane splitters; which I agree with):
The new rules, which the CHP introduced in January after consulting with other state agencies and motorcycle-rider groups, apply to city streets, highways and freeways across the state.
"Basically, what we're most interested in is the speeds," Pope said. "You should lane-split no faster than 10 mph over the speed of traffic around you, and we recommend (motorcyclists) not split at all if the traffic is faster than 30 mph."
http://www.sfgate.com/bayarea/articl...ed-4270272.php

Tons of info on it here: http://lanesplittingislegal.com/

[Slo]

I don't think there is any CA law authorizing lane splitting, it's just not prohibited.

When I was in CA, DMV motorcycle handbook, right on the inside of the cover mentioned something along the lines of, although not recommended it is legal to split lanes.

[bulldog]

When I was in CA, DMV motorcycle handbook, right on the inside of the cover mentioned something along the lines of, although not recommended it is legal to split lanes.

I did see Senate Bill 350 was introduced to try to stop lane splitting. Now sure how it works, but I'd assume if a Senate bill is needed to stop it, then at one point it had to be issued as legal...I don't get into politics though

http://leginfo.legislature.ca.gov/fa...201320140SB350


Bill 350 died though! http://lanesplittingislegal.com/tag/sb-350

[big_sur]

For decades, California has been the only state to permit lane splitting. While not specifically permitted or prohibited in the California Vehicle Code, lane splitting authority comes from the California Highway Patrol. In early 2013, the CHP published lane splitting guidelines⁴ for the first time. While the guidelines do not carry the force of law, they provide clear indicators under which a motorcyclist might be cited for unsafe or imprudent behavior.
Legislatively, there has been state-level activity on lane splitting, although to date no bill has been enacted⁵.

And in related news, the CHP dropped the guidelines from their website etc yesterday - http://www.motorcycle-usa.com/2/1890...uidelines.aspx

You can see the guidelines here - http://americanmotorcyclist.com/Libr...?download=true

[teamextreme]

Now sure how it works, but I'd assume if a Senate bill is needed to stop it, then at one point it had to be issued as legal...I don't get into politics though

Laws are written to make things illegal, not written to make things legal. If a law was required to make things legal, everything you do everyday would require a law to make it legal. Want to pick your nose? Better be a law stating it's legal, otherwise you're busted! In CO we (unfortunately) have a law that specifically states you can't lane split (as posted above). A similar law doesn't exist in CA.

[#1Townie]

I did see Senate Bill 350 was introduced to try to stop lane splitting. Now sure how it works, but I'd assume if a Senate bill is needed to stop it, then at one point it had to be issued as legal...I don't get into politics though

http://leginfo.legislature.ca.gov/fa...201320140SB350


Bill 350 died though! http://lanesplittingislegal.com/tag/sb-350

The bill was shot down after chp stepped up and said no.

While there has never been publicly written guidelines it has and always will be up to the officer to make judgement calls if a rider is splitting unsafe.

[bulldog]

Laws are written to make things illegal, not written to make things legal. If a law was required to make things legal, everything you do everyday would require a law to make it legal. Want to pick your nose? Better be a law stating it's legal, otherwise you're busted! In CO we (unfortunately) have a law that specifically states you can't lane split (as posted above). A similar law doesn't exist in CA.

Funny as a new law was just put into affect in Colorado to make that illegal marijuana legal now

[Wrider]

Funny as a new law was just put into affect in Colorado to make that illegal marijuana legal now

Technically the new law simply repealed the old law, so it didn't "legalize" anything.

[Aaron]

And it didn't repeal the old law, just certain subsections of it.

[AOK303]

and it didnt give me pie

[#1Townie]

and it didnt give me pie

Or ice cream.

[Wrider]

and it didnt give me pie

Or ice cream.

I want my damn pie a la mode!

[#1Townie]

I want my damn pie a la mode!

And wedding cake!!!!!

[GMR]

I was sitting in traffic a week ago going south on 25 and saw another bike go cruise onto the shoulder..I wonder if it was someone on here? Seems harmless enough... definitely on the cager if that upsets them at all--haters will hate. I hated lane splitting in California though, and hope it's never legal here. Too many people work 12+ hour shifts, had a shitty day, or are on vacation after driving a dozen+ hours that day. It's just not safe, and although we hate cagers it's really not their fault for not seeing a motorcycle driving down the middle of the lane often going in and out of blind spots. Keep it to the shoulder. I've been tempted to split lanes before, but no matter what mood I'm in or how much of a hurry I still haven't, and probably never will.

What about splitting lanes coming up to a red light? I'd be too worried that an angry driver would throw something at me or spit on me, but that's tempting.

[big_sur]

It IS safer though. It's like airplanes. Yes, emotional monkey brain sees a million pounds of metal hurling through the air at 475 mph and says, "bad, not safe, will fall and die", but in actuality, it's much safer than driving a car. Similarly, monkey brain sees motorcycle lane splitting, "objects too close together, will crash and die," but really the reduction in fatalities from getting crunched between two cars in a rear end collisions in stop and go traffic outweighs the minute amount of accidents caused by lane splitting and is actually safer overall than not splitting.

If you don't feel comfortable doing it, then don't do it, but it's silly to stop others from doing it out of irrational fear.

[rush4theyeho]

I've gotten close to riding the shoulder before, never did it though. Sitting in 95+ degree heat, leather jacket in standstill traffic is enough to push anyone to roll up on that nice and wide shoulder. I do recall one morning on my way from Downtown --> Denver Tech Center on I-25, there was a guy just rolling down traffic on the side on his ducati.

[UHATEIT]

I was in a bad jam on 470, past Morrison going north (where there isnt an off ramp for like 7 miles) and I rode the shoulder out of it. Passed the accident and waved at State Patrol... He waved back

Another time at I25 and 225 and some dick pulled into the shoulder when he saw me coming. It got pretty shitty and there happened to be a cop a handful of cars back that saw it all. Dude got a reckless endangerment ticket for it. Cop said that he was a motorcyclist . He also said that riding the shoulder is illegal but that hes never seen a cop write a motorcyclist up when stuck in traffic.

I think the moral of the story is to use your head. I usually will kick it in traffic until the bike is really hot and I cant stand the heat anymore. Then I will go 5mph down the shoulder.

Thats a good story right there. Did you actually pull over and talk with the cop and the driver? I assume so sinc eyou mentioned what the guy got the ticket for. I drive the 225 home everyday up to Parker Rd and I always see Harleys hauling as son the shoulder. I would not be hauling ass but maybe riding at 15-20 or so but I too have been worried about a cop giving me a ticket. I guess it's up to their discression, but technically it IS illegal per that cop.

[Colorado S14]

I have ridden the shoulder once and it was because we got stuck in traffic on 25 southbound and a couple of the bikes were overheating. I was the first rider in the line and we were doing maybe 15-20mph with traffic at a standstill we did have one dipshit somewhat pull into the shoulder to try to stop us. I agree with what has been said on here about how Americans are lunatics when it comes to "cutting in line," when I was in Europe no one cared that bikes passed on the shoulder or split a lane.