Lane Splitting Explained
The term "lane splitting" is used as an all-encompassing term for a number of things that a motorcyclist does when they ride, and it is important to understand the distinctions before we can even begin talking about the issues of whether it is legal or not. Lane splitting, as distinguished from other terms such as lane filtering, and lane sharing, is the practice of moving a motorcycle between lanes of stationary or slow moving traffic . This is where we get the moniker of "splitting." The Texas Safety and Insurance Committee along with the Texas Department of Transportation, prepare a series of Driving Tips under the Texas Motorcycle Operator’s Manual. They have issued the following statement regarding lane splitting:
Motorcycle operators should be aware that this activity, often known as "lane splitting" or "white lining," is illegal in Texas. Lane splitting is NOT legal in Texas.
The Laws on Lane Splitting in Texas
Despite the fact that lane splitting is a practice that has been "kind of legal" in Texas in recent years, it has never been expressly legalized or outlawed. Instead, a law passed in the late 1990s made lane splitting legal unless law enforcement officers determined it was unsafe. The Texas Transportation Code, ยง 545.060 provies, in part: (c) An operator commits an offense if, when operating a motorcycle, the operator: (1) passes to the left of two or more vehicles that are not in adjacent lanes… (4) is not stopped or has not halted the operation of the motorcycle in accordance with subsection (m)(3)(B), (C), (D), or (E) (m)(3)(B), (C), (D), or (E) refers to provisions that pertain to stopping and letting people off a motorcycle before proceeding in, among other instances, a controlled intersection. Thus, even if a lane splitting motorcyclist is not under the immediate process of stopped traffic, they could be found to be in violation of Texas law because their motorcycle is "not stopped" or has "not halted". Still, nothing in this law explicitly says that the act of lane splitting is patently illegal. Language in judicial opinions in the last few years have implied that lane splitting may be illegal in Texas, depending on how one reads the Texas Transportation Code. Lane splitting is potentially unlawful in Texas, the legislature has not taken a position on the issue, nor has the Texas Department of Transportation. Without clear direction from the legislature or the Texas Department of Transportation, courts may be asked to decide whether lane splitting should be outlawed as unsafe in traffic.
Lane Splitting vs. Other States
In contrast to Texas, a number of other states have decided to embrace lane splitting and have enacted laws that explicitly permit motorcyclists to filter through traffic. California was the first state to formally legalize the practice of lane splitting, and it remains the most progressive on the issue. Lane splitting in California is allowed only if the rider can safely do so and requires the motorcyclist to meet certain criteria:
A few other states have also followed suit, including Utah and Oregon. In 2019, Utah passed a bill allowing lane filtering for motorcycles on a highway in the passing lane when there is a designated motorcycle lane. Oregon enacted a bill in September 2017 that permits motorcyclists to operate between lanes of stopped or moving vehicles in congested traffic. In contrast, Arizona, New Hampshire, and even Nebraska have discussed legalizing lane splitting legislation, but they ultimately rejected it. In 2018, reviewing a lane splitting bill in Nebraska, the Transportation and Telecommunications Committee stated that the session did not want to "Fuel any potential police confrontations of motorcyclists" or create "an inability to prove half of the elements required for conviction."
Arguments that Favor and Oppose Lane Splitting
Proponents of lane splitting argue that the practice reduces congestion by permitting motorcycles to pass stopped or slow-moving vehicles in a traffic jam. In addition, they believe it improves rider safety by enabling bikers to get out of harm’s way, while simultaneously, drivers appreciate the ability to move freely in traffic more quickly and efficiently. Lane splitting advocates also claim that it promotes environmental preservation by decreasing fuel consumption. In a 2012 publication, the National Highway Traffic Safety Administration (NHTSA) demonstrates these arguments are not unreasonable.
In support of the practice, NHTSA points to the results of an experiment where 100 riders were permitted to lane split along six miles of highway in California. It is estimated that the move-along-the-edge maneuver saved 13 hours of travel time. NHTSA further tells us that the exercise resulted in a 33.5% lower average heart rate for bikers stuck in traffic as opposed to when they were permitted to lane split, and that the stunt was "comparatively safe." Research shows that out of 6,401 accidents that occurred on the Golden State during 2011, only 185 of those injuries were linked with lane splitting, and only 15 of those caused serious bodily harm. Teachers College at Columbia University further reports that at the same time those claims were made , during 2014, motorcycles accounted for 0.5% of all vehicles, but 4% of all traffic fatalities. Proponents of lane splitting believe that, given the positive results from the small California study, the decision to permit lane splitting in Texas is simple.
Opponents of the practice argue that allowing lane splitting boils down to social injustice by placing bikers’ right to practice their freedoms above the public safety rights of car drivers. They believe that permitting this behavior will result in motorcyclists segregating themselves from other drivers, and they contend that the act will create a heading ball effect, wherein ordinary citizens come to view all motorcycles as rogue vehicles, leading to a breakdown of full respect for the law. In addition, they claim that permitting lane splitting in Texas means endorsing a practice that has been shown to be statistically unsafe and unethical, and that encouragement of lane splitting saves bikers and motorcyclists from numerous injuries and wrongful death. Opponents cite another California study that shows that, out of 1,000 injuries, 13 caused serious bodily harm, which they consider a high number considering the state’s overall population. They contend that encouraging lane splitting creates a culture of disrespect for all rules of the road.
Statistics on and Safety Considerations for Lane Splitting
The safety concerns surrounding lane splitting have given rise to much debate. Critics argue that it can lead to accidents, as the motorcyclist attempts to weave in and out of traffic. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle fatalities have increased by nearly 5% over the past decade, with a notable number of these occurring during lane splitting maneuvers. Still, this data is somewhat inconclusive, as correlational statistics do not imply causation.
Indeed, some studies suggest that lane splitting may actually enhance safety in certain scenarios. A 2015 study published in the medical journal Injury Prevention found that "lane-splitting can reduce motorcycle crash risk among motorcyclists that travel through congested traffic." This is largely due to the reduced risk of being rear-ended, which is the cause of over 50% of all motorcycle accidents. Lane splitting allows the motorcyclist to stay clear of a stopped vehicle which may have faulty brakes or driver inattention. However, it’s important to note that these benefits generally only apply to slow-moving or stopped traffic, and lane splitting at higher speeds can have the opposite effect, as the motorcyclist may misjudge distance and timing when attempting to pass multiple vehicles at speed.
The use of proper safety gear is paramount, whether lane splitting or not. According to the NHTSA, 28% of motorcycle operators involved in fatal crashes during the last decade were not wearing helmets. Being attired in a quality helmet reduces this risk significantly, as does wearing additional protective gear such as gloves, boots, and pads. Education is also crucial in reducing potential lane splitting motorcycle accidents. A rider must be conscious of their surroundings and be aware of when or where lane splitting would be beneficial. As they say, "an ounce of prevention is worth a pound of cure".
The Future of Lane Splitting Laws in Texas
There has been some movement in the Legislative field and, given the popularity of motorcycle lane splitting in the State, it is likely that we are going to hear about the topic again in the near future. In 2017, House Bill 2357, which proposed a similar bill to effectively make lane splitting legal, was submitted for consideration. However, shortly after submission, the bill was killed in committee which means that the committee did not forward the bill to the legislative floor prior to the end of the legislative session for a vote . Much like its predecessor, any future bill must be forwarded from committee and on to the floor of the legislature where it will be voted on. If it passes, it will then be sent to the Senate for consideration. Given the popularity of the proposed bill, it seems probable that future legislation regarding lane splitting in Texas is likely. At this point, it is simply a matter of seeing if it will get through committee and on to the floor for a vote.