BILL ANALYSIS Ó
AB 51
Page 1
Date of Hearing: April 6, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 51
(Quirk) - As Amended February 11, 2015
SUBJECT: Vehicles: motorcycles: lane splitting
SUMMARY: Explicitly authorizes motorcycles to drive between
stopped or slow moving vehicles in the same lane (lane split)
under certain conditions. Specifically, this bill:
1)Unequivocally authorizes motorcycles to drive between stopped
or slow moving vehicles in the same lane on divided and
undivided streets, roads, or highways if the following
conditions are met:
a) The speed of traffic moving in the same direction is 30
miles per hour (mph) or less; and,
b) The motorcycle is not driven more than 10 mph faster
than the speed of traffic going in the same direction.
2)Provides that motorcycles must continue to obey existing laws
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relating to the safe operation of a vehicle.
EXISTING LAW:
1)Defines a motorcycle as a motor vehicle having a seat or
saddle for the use of the rider, designed to travel on not
more than three wheels in contact with the ground.
2)Requires, whenever a roadway has been divided into two or more
clearly marked lanes for traffic in one direction, that a
vehicle be driven as nearly as practical entirely within a
single lane.
3)Authorizes the erection of signs directing slow-moving traffic
to use a designated lane or allocating lanes to slow moving
traffic moving in the same directions.
4)Does not explicitly authorize or prohibit lane splitting.
FISCAL EFFECT: Unknown
COMMENTS: Lane splitting (also referred to as lane sharing or
filtering) refers to the practice of riding a motorcycle in the
same lane as a vehicle traveling in the same direction between
clearly marked lanes of traffic. Typically, this maneuver is
undertaken so that motorcycles can overtake slow moving or
stopped vehicles but the maneuver is also frequently performed
when traffic is moving at higher rates of speed. Lane splitting
is illegal in all states, with the exception of California,
where the practice is neither expressly authorized nor
prohibited. Lane splitting, however, is a legal practice in
many European and Asian countries where it is frequently
utilized in highly urbanized areas.
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Lane splitting is controversial in the United States.
Motorcyclists favor the practice, saying it improves safety
while motorists typically dislike it. Groups such as the
American Motorcycle Association note that one of the most
dangerous situations for any on-highway motorcyclist is to be
caught in congested traffic where vehicles, often driven by
distracted and inattentive motorists, can rear-end motorcyclists
when they are stopped behind other cars. According to the
National Highway Traffic Safety Administration (NHTSA), one of
the most common types of accident on the road are rear-end
collisions, which NHTSA indicates makes up nearly 40% of all
accidents in the United States. While rear-end accidents
typically result in minor damage when they happen between
vehicles, they frequently result in serious injury or death when
motorcyclists are involved, primarily because motorcycles offer
little or no protection to the rider.
Motorcyclists note that lane splitting allows them to achieve
greater protection because they can position themselves between
(rather than behind) vehicles in stop-and-go traffic. They also
claim that lane splitting allows for improved sight distance for
the motorcyclist. Additionally, lane splitting allows
motorcyclists to prevent breakdowns that can occur with a
motorcycle's engine overheats as a result of excessive idling.
According to motorcyclists, lane splitting also serves to ease
congestion by creating another "lane" for motorcyclists and
reduces cyclist exposure to unhealthy exhaust fumes.
Anecdotally, many motorists dislike lane splitting, claiming
that they are startled by motorcycles that pass them in the same
lane. Motorists also express concerns that they could kill or
severely injure a motorcyclist if they change lanes or open a
car door while a motorcyclist is passing in close proximity. A
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good number of motorists presume lane splitting is illegal and
there have been reports of motorists intentionally blocking
motorcyclists' attempts to lane split.
Recognizing the need to develop guidelines as an educational
tool for all roadway users, California Highway Patrol (CHP)
convened a committee of traffic safety stakeholders and
motorcycle safety experts representing governmental, private,
academic communities. Together, the committee drafted
guidelines on safe lane splitting practices and the guidelines
were posted on CHP's Internet website in early 2013 and, later,
on the Office of Traffic Safety's (OTS's) Internet website. The
guidelines were also printed in the Department of Motor
Vehicles' motorcycle handbook.
The guidelines clarified that lane splitting, when conducted in
a safe and prudent and manner is not illegal in California. The
guidelines also outlined five general safety recommendations for
motorcyclists engaging in lane splitting including that: 1)
lane splitting should occur only when a motorcyclist is
travelling at a speed no more than 10 mph faster than
surrounding traffic; 2) motorcyclists should refrain from lane
splitting when the traffic is flowing at a speed of 30 mph or
faster; 3) lane splitting should occur between the #1 and #2
lanes over other lanes; 4) the total environment should be
considered by the motorcyclist when lane splitting occurs,
including the lane width, size of surrounding vehicles, weather,
and lighting; and 5) motorcyclists should be alert and
anticipate possible movements of other road users.
After CHP and OTS posted the guidelines on their respective
websites, a complaint was registered with the Office of
Administrative Law that the guidelines were developed in the
absence of a formal rulemaking process and, therefore, could be
considered "underground regulations." CHP and OTS removed the
guidelines from their respective Internet websites, informed the
public that they would not issue or enforce the guidelines, and
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noted that the guidelines were developed only to provide
common-sense safety information for motorcyclists given that
California law does not allow or prohibit lane splitting.
A 2014 study published by the University of California at
Berkeley, in collaboration with OTS and CHP, found that lane
splitting can be done safely when riders are travelling only
slightly faster than surrounding traffic. The study also points
out that lane splitting offers motorcyclists a safer position in
traffic which protects them from often catastrophic rear-end
impacts. The Hurt Report of 1981, reportedly the one of most
comprehensive motorcycle crash causation studies to date, also
noted that reducing a motorcyclist's exposure to vehicles that
are frequently accelerating and decelerating on congested
roadways is one way to reduce front- and rear-end collisions.
According to the author, removing the guidelines from CHP and
OTS websites left a void in informing the public about safe lane
splitting practices, particularly since CHP curtailed all
education and outreach efforts on the subject. To address this
concern, the author introduced this bill which codifies CHP's
lane splitting guidelines. Specifically, the bill expressly
authorizes lane splitting under two conditions: when the speed
of traffic moving in the same direction does not exceed 30 mph;
and the motorcycle is not driven more than 10 mph faster than
the speed of traffic. Additionally, the bill provides that
motorcycles must continue to be operated in a safe manner, in
compliance with existing laws, to ensure that law enforcement
has the ability to cite motorcyclists that misuse the practice.
The author notes that lane splitting, when performed in
accordance with CHP guidelines, improves safety by reducing the
potential for catastrophic rear-end collisions, making
motorcycles more visible to drivers in heavy traffic, and
preventing motorcycle engine breakdowns that occur from
excessive idle time. The author contends that providing
reasonable guidelines for lane splitting helps inform drivers
and motorcycle riders alike and removes ambiguities in the law.
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A number of states, including California, have attempted to
address lane splitting in the past.
SB 350 (Beall) of 2013, would have prohibited lane splitting
unless the maneuver occurred at a safe speed during traffic
congestion. SB 350 was introduced but was never heard.
Measures introduced in other states to authorize lane splitting
under certain conditions have also failed to garner legislative
support or have been vetoed.
Writing in support of the bill, the Personal Insurance
Federation of California (PIFC), which represents seven of the
nation's largest insurance companies, indicates that codifying
the CHP's lane splitting guidelines would serve to reduce
injuries and enhance public road safety. Specifically, PIFC
contends that this bill would also serve to educate motorcycle
riders and motorists about lane splitting and help to reduce
accidents currently associated with this practice.
Several motorcycle groups have writing in opposition to this
bill noting that it is overly restrictive and, therefore, lacks
support in the motorcycle community. More specifically, the
American Motorcyclist Association, also writing in opposition to
this bill, states that there is a widespread acceptance of lane
splitting in California and that they specifically oppose
efforts to restrict this popular practice
Previous legislation: SB 350 (Beall), of 2013, would have
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prohibited a person operating a motorcycle from passing another
vehicle in apportion of a lane occupied by that vehicle unless
passing occurs during traffic congestion and provided passing
occurs at a safe speed. SB 350 was returned to Secretary of
Senate pursuant to Joint Rule 56 by the Senate Transportation
and Housing Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Fraternal Order of Police
Los Angeles County Professional Peace Officers Association
Personal Insurance Federation of California
Sacramento County Deputy Sheriffs Association
Santa Ana Policy Officers Association
Oppose
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ABATE of California, Inc.
American Motorcyclist Association
Bay Area Riders Forum
CityBike
LaneSplittingIsLegal.com
3 private citizens
Analysis Prepared by:Victoria Alvarez / TRANS. / (916) 319-2093