California “Legalizes” Lane Splitting by Making It Illegal*

Courtesy of LaneSplittingisLegal.com

I’m sure you’re sick of hearing about it by now: “Californians can finally split lanes” … “California legalized the 3 worst things on earth: Medical Marijuana, Gay Marriage, and LANE SPLITTING!!” … “California won’t let you cruise without your helmet, but you can split lanes?!? WTF?!?”

Yes, you can finally split lanes in California. Riders in the Golden State can now legally enjoy life unimpeded by cagers and traffic lines. Well guess what!? It’s always been legal!! The LA Times got it right in their article about AB51 and lane splitting when they wrote:

 “California is expected to become the first state in the nation to formalize the practice of lane splitting”

Yes, we are the first state in the Union to formalize lane splitting. The CHP has been granted the authority to establish some guidelines for the practice.  Which brings me to my other point… now lane splitting is going to be more illegal than it’s even been! How’s that? I’ll explain later.

For the past few months the hotbed issue of lane splitting has been flying around the moto-sphere faster than this cray Brazilian dude through traffic:

I used to be elated and rather willing to argue with anyone about lane splitting since I do it on the daily. I don’t always split in every situation, but I do split or share lanes every time I’m out. I also like explaining to non-riders that I wasn’t ‘cutting in line’ – rather, I was accomplishing 3 things:
1. Making more room in traffic for cars while maximizing the number of commuters in any given sq. yard;
2. Keeping cool in the hot So Cal weather by continuing air flow over my body and my bike;
3. Avoiding the dreaded Rear Admiral, wherein a 4000lb automobile rams you from behind and integrates your bike with your ass cheeks.

After hearing argument after argument (from people who have never even split lanes before) about why it is so dangerous and unnecessary, I was ready to blow my top. It’s dangerous just walking out your front door these days if you believe the hype peddled by the media..
But after several moto-themed podcasts recently discussed ‘legalization’, I started to rethink my feelings of joy and pride  and the whole the point about the process of making lane splitting legal here in my state.

Courtesy Lori Shepler/Los Angeles Times

If you’ve never listened to Adventure Rider Radio, you’re missing out. It’s a great podcast that’s informative and fun, and they frequently feature professionals in the industry to talk about subjects like, well – lane splitting and safety. On a recent episode the host, Jim Martin interviewed author David Hough about lane splitting and the implications behind it’s ‘legality’. I’ll sum up his interview in a few words: If done correctly, it’s safe. And, hey fools, it was never illegal…
The guys over at the Stock is for Squares podcast also had a great point about this, basically stating the same thing that David said – it was never illegal in the first place.
So what does that have to do with anything? Why did it need to be legalized then? Is the rest of the country going to start legalizing Medical MaryJane, lane splitting, and shoving helmet laws down our throats?
I’ll tell you, I’ll explain, and NO.

To answer the first question, it matters mostly because it was as illegal as skipping a rock across a pond, which is not illegal unless you hit a person in a kayak, an angler, or damage someone’s property. The same was basically true for lane splitting. If you did it over the speed limit, then you were breaking the law. If you did it on one wheel, then you were breaking the law. If you were smacking your mirrors, panniers, or handlebars into car doors and mirrors, then you were breaking the law. In short, there were already laws in place for being an idiot. They apply at all times, whether you’re splitting or not.
So why did it need to be legalized? Well, it still isn’t legal. It’s not a law per se. AB51 granted the CHP authority to establish guidelines for lane splitting. AB51 also defined lane splitting (or lane sharing if you prefer).

(a) For purposes of this section, “lane splitting” means driving a motorcycle, as defined in Section 400, that has two wheels in contact with the ground between rows of stopped or moving vehicles in the same lane, including both divided and undivided streets, roads, or highways.

The reason for the codification or ‘legalization’ was due to the fact that there was a complaint about the CHP’s guidelines that were published on it’s website and on the DMV’s website regarding lane splitting. In 2012 the California Highway Patrol and a committee comprising traffic and motorcycle safety experts set forth the original guidelines as a means for educating riders on the matter. The complaint basically stated that the CHP had no right to make “underground regulations” regarding driving laws. Even though this person might have been a motorcyclist trying to avoid any restrictions, it put a damper on educating the riding and driving public about the practice. If they could not set guidelines, they really had no kickstand to support them in their efforts to actually teach lane splitting.
I don’t think it would’ve been prudent either, for rider courses to teach something that was not a something yet. At best they could tell you, “Sure you can do it.. but I don’t know how to tell you how to do it.”
As for the second question, it’s killed less people than alcohol from what I’ve seen. I’ve never heard of anyone tokin’ a doob and then getting all sloppy wasted and taking a shotgun to the ex-girl friend’s house, or driving the wrong way on the freeway. I don’t smoke, so I don’t have a dog in that fight. You should ask Colorado how it’s doing.
And finally #3, the helmet thing… No, I don’t think wearing a helmet is as important as lane splitting. People don’t want to be told what to do. That means that people in states with no helmet laws can still wear a helmet. Just like people in states with lane splitting laws don’t have to split!!

* To get to the meaning of the title of this article, and perhaps to the point that the individual was trying to make with the initial complaint about lane splitting guidelines… now that AB51 has granted the CHP the authority to establish guidelines, that means the we have made lane splitting a little bit more illegal. We have allowed the state government to establish guidelines for something that was never illegal in the first place. Way to go, us!
I never thought about that caveat the whole time that I was cheering for AB51 to pass.
-Cheers