Article Index

Lane Splitting

Many motorcyclists, new to California, have asked me about "lane splitting". One day, in 1995, I thought I should know in black and white (as in per the law) what really is the deal in this state. It turned out to be a tough one. I read everything I could. I learned there was no "lane splitting" law. Therefore, no prohibition on lane splitting.

Since then, things have changed. Now there are sections in the California Law that apply. In 2017 the legislature added provisions to enable the CHP to establish "guidelines", which they did, then rescinded. But, we have in law a legal description of splitting and, given the CHP is authorized to develop guidelines, an implication that the behavior is legal.

Be aware that such parts of the law as "...entirely within a single lane..." have been used by law officers to ticket motorcyclists splitting with their handlebars (or some other bike component) partly in each lane.

21658. Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply: (a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.

(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device. (Amended by Stats. 1975, Ch. 450.)

21658.1. (a) For the 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 on both divided and undivided streets, roads, or highways.

(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.

(c) In developing guidelines pursuant to this section, the department shall consult with agencies and organizations with an interest in road safety and motorcyclist behavior, including, but not limited to, all of the following:

(1) The Department of Motor Vehicles.

(2) The Department of Transportation.

(3) The Office of Traffic Safety.

(4) A motorcycle organization focused on motorcyclist safety.

(Added by Stats. 2016, Ch. 141, Sec. 1. (AB 51) Effective January 1, 2017.)

California Law section 21658.1