California Lane Splitting Guidelines Now Being Developed--UPDATED 5/18

[fjrbird]

Thanks Mike for the update. I welcome the removal of the speed limit or any notion of speed there. After all, automobile safely technology keeps improving and leaving a speed limit in the law could someday be outdated. CHP guidelines work out better so far since they have experience on their own two wheel patrols.

 

[Bokerfork]

Nice. We now, in its current form, have a law that isn't a law. Simply a suggestion to a bureaucracy to possibly come up with some guidelines to address a situation that isn't a problem.

Sigh,

Only in California.

And BTW, I wasn't jerking your chain. I seriously don't know how I'm supposed to determine what is 15 over. The speed of the surrounding cars is constantly changing and trying to concentrate on my perception of how fast I am overtaking them as their speed fluctuates just adds complexity to an already complex mental and physical exercise.

I've always gone with "safe and prudent" and when my idea of safe and prudent has conflicted with the CHP's idea, I've been given everything from hand gestures to stern verbal commands.

I've also been cited, though not by the CHP and was told at that time that I could have been written up for anything from unsafe speed to unsafe lane changes to reckless driving.

IOW the police already have the tools they need to combat unsafe lane splitting. So why is the legislature sticking their nose where it isn't needed?

 

[wheatonFJR]

Nice. We now, in its current form, have a law that isn't a law. Simply a suggestion to a bureaucracy to possibly come up with some guidelines to address a situation that isn't a problem.
Sigh,

Only in California.

And BTW, I wasn't jerking your chain. I seriously don't know how I'm supposed to determine what is 15 over. The speed of the surrounding cars is constantly changing and trying to concentrate on my perception of how fast I am overtaking them as their speed fluctuates just adds complexity to an already complex mental and physical exercise.

I've always gone with "safe and prudent" and when my idea of safe and prudent has conflicted with the CHP's idea, I've been given everything from hand gestures to stern verbal commands.

I've also been cited, though not by the CHP and was told at that time that I could have been written up for anything from unsafe speed to unsafe lane changes to reckless driving.

IOW the police already have the tools they need to combat unsafe lane splitting. So why is the legislature sticking their nose where it isn't needed?

To specifically allow it...so the whims of a new regime at CHP couldn't shut it down?

 

[SacramentoMike]

Mark, just pretend you're running a four-minute mile. That's 15 mph. So if the cars were stopped, and you were running 15 mph between them, that's how it would look.

Rogers Hornsby, with his lifetime .358 batting average, once took a pitch that was called a ball, and the rookie catcher turned back to the old umpire to question the call. The ump just said, "don't worry about it, son. Mr. Hornsby will let you know when the pitch is a strike." I guess you can depend on the CHP to let you know if you're splitting too fast.

 

[fjrbird]

LATimes.com today said the bill has just passed the state assembly to formerly become law. The Senate passed it last week. Good news! It's LEGAL now.

 

[Ignacio]

LATimes.com today said the bill has just passed the state assembly to formerly become law. The Senate passed it last week. Good news! It's LEGAL now.

I added a link for you.

Also, the bill is not law yet. From the article, "It now goes to Gov. Jerry Brown for his signature." It becomes law as soon as...and assuming...the governor signs it. The article is silent on whether he may or may not, but a 69-0 vote is probably a pretty good indicator he will sign.

Good job California! This is good news for FJR riders and other motorcycle riders! :clapping:

And it's good news for a forum that FJR/motorcycle-specific politics can be done in this place...carefully and thoughtfully. Good job forum!

 

[Bokerfork]

Iggy,

Since when is a law that solves a problem that didn't exist, a "good" law?

Don't give me that crap about other States following suit. If you want the same privilege in other states, don't rely on California. With logic like that, you'll be taxed and regulated to death.

 

[03silverbullet]

Iggy,
Since when is a law that solves a problem that didn't exist, a "good" law?

Don't give me that crap about other States following suit. If you want the same privilege in other states, don't rely on California. With logic like that, you'll be taxed and regulated to death.

My thoughts exactly - now we can get a ticket for something that we were allowed to do. We have enough laws.

 

[Bounce]

Here you take a compliment about how the forum can address a legal issue technically and kicked it in the teeth by trying to turn it into something else.

 

[SacramentoMike]

This bill has had good support from the administration all the way through the process. The Brown administration. He'll sign it, and the CHP will put guidelines in place as they have now been authorized to do by the legislature (by means of this bill) that will be either exactly or essentially identical to the guidelines they were forced to remove from their website a couple of years ago--the same guidelines that were widely understood and accepted by the riding public and the "enforcement community" (namely, the cops) for many years before they were ever published there or anywhere else.

Some don't like lane splitting in any form. Some don't like any restrictions placed on lane splitting at all. I personally found the CHP's published guidelines completely reasonable and hope they simply re-publish them with the full support of this new law and hope it happens the day it goes into effect--probably next January 1. (Remember this law will simply authorize the CHP to develop the guidelines; the guidelines, speed limits, etc. themselves will not be itemized in the California Vehicle Code--the law.)

By the way, you can always get a ticket, and you always could, here or in any other state. Just ride like an idiot.

 

[hppants]

Next year when I go to the Yosemite gathering, BION, one of my specific plans for the trip is to observe lane splitting. I can't say if I will try it myself, but if conditions seem safe and I feel OK, I will. I really want to see how this works for myself. Then I want to take my thoughts home and share them with somebody who will listen here in Louisiana.

 

[ionbeam]

...one of my specific plans for the trip is to observe lane splitting. I can't say if I will try it myself, but if conditions seem safe and I feel OK, I will....

Do you have FZ1 mirrors? If yes, leave 'em home and put the OEMs on. When lane splitting on a KZ1600 it was wide enough that I had to adopt a slight weaving pattern to keep my mirrors from hitting the car mirrors. Trucks with towing mirrors were sometimes high enough to avoid problems, but if they were lower they were a problem to miss. Following an experienced lane splitter really helps the learning curve but ride your own ride, you don't have to keep up.

I was following an experienced lane splitter on his Harley (with pillion's CA sister) and he was a lot more aggressive than I was, but I made up for it when I could shoot gaps in the traffic with high horsepower and tons of torque

Harley rider later commented about the rate we could close distances. I will observe that at least 40% of his ability to lane split was facilitated by his concussive exhaust announcing his intent or displeasure.

I also learned about filtering to the front of the traffic line at traffic lights and work sites. In New England that would result in sure death at the first attempt.

 

[SacramentoMike]

Pants, I hope I get a chance to take you lane splitting, but probably not too near the park. For me it's mostly an urban exercise. Roads near Yosemite, and in the mountains generally are either just two lanes, or at least not all backed up like on the freeways or in town.

I also wouldn't worry about the mirrors. If it's close enough to have to weave to avoid bumping mirrors, I hold back till it opens up a little (and I ride with my side cases on all the time). But I don't get held up in traffic, ever--there's always a way through with just a little patience. Bet you'll be a convert!

 

[Bugman]

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB51

Its not really much of a law. It doesn't authorize developing regulations. Only the writing of "guidelines" which they had until someone complained.

 

[russperry]

LATimes.com today said the bill has just passed the state assembly to formerly become law. The Senate passed it last week. Good news! It's LEGAL now.

It was always legal..... In our country by definition, anything not specifically prohibited is legal.

 

[russperry]

...one of my specific plans for the trip is to observe lane splitting. I can't say if I will try it myself, but if conditions seem safe and I feel OK, I will....

Do you have FZ1 mirrors? If yes, leave 'em home and put the OEMs on. When lane splitting on a KZ1600 it was wide enough that I had to adopt a slight weaving pattern to keep my mirrors from hitting the car mirrors. Trucks with towing mirrors were sometimes high enough to avoid problems, but if they were lower they were a problem to miss. Following an experienced lane splitter really helps the learning curve but ride your own ride, you don't have to keep up.

I was following an experienced lane splitter on his Harley (with pillion's CA sister) and he was a lot more aggressive than I was, but I made up for it when I could shoot gaps in the traffic with high horsepower and tons of torque

Harley rider later commented about the rate we could close distances. I will observe that at least 40% of his ability to lane split was facilitated by his concussive exhaust announcing his intent or displeasure.

I also learned about filtering to the front of the traffic line at traffic lights and work sites. In New England that would result in sure death at the first attempt.

One of the great things about lane splitting is getting cover at stop lights from other huge vehicles that other drivers typically don't overlook. Though it hasn't happened to me, we've all heard about people being hit from behind at stop lights. Since splitting has been legal here in CA, I always look to stop between two cars at a stop light instead of sitting out in my own lane exposed to inattentive drivers.

 

[Bugman]

Well it was signed into law on August 19th. So now lane splitting is defined in the law in California.

 

[SacramentoMike]

Well, maybe now other state legislatures will move a little on this. CHP is now authorized to develop and publish guidelines for lane splitting that will have the force of law. (All the new law really does is authorize the development of these guidelines. Not a word about what will be legal and what's not.)

The whole issue about the guidelines that CHP briefly had up on their website was about the fact that there is a formal process for issuing any kind of interpretation of existing law (aka "regulations") which includes public review and comment--but since there was no real existing law on lane splitting, that couldn't be done. So they had to retract their guidelines.

I'll find out all I can about how this review and comment process will work and pass it along on this thread.

 

[SacramentoMike]

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB51
Its not really much of a law. It doesn't authorize developing regulations. Only the writing of "guidelines" which they had until someone complained.

I don't know if this gets too technical about the whole process, but the "guidelines" that the CHP finally publish will be regulations with the full force of law, having gone through the full rulemaking process required for the development of regulations--making specific and enforceable rules for the interpretation of law.

And the "someone complained" part was because the former guidelines didn't comply with that requirement. They met the definition of "underground regulations" and the CHP had no choice but to retract them. But once they are developed and approved, the new guidelines will be published in the California Code of Regulations, Title 13, Division 2, Department of the California Highway Patrol. At that point, the guidelines will essentially be law.

 

[Bugman]

( B) The Department of the California Highway Patrol may develop educational guidelines relating to lane splitting in a manner that would ensure the safety of the motorcyclist and the drivers and passengers of the surrounding vehicles.

I'm not sure if "educational guidelines" mean regulations or not. Only time will tell. The TV news says regulations though. What it all means we will learn later.