[3522]

This is interesting - especially with the specifics of this bill regarding speeds and when it's acceptable, etc. In California, there's a common misconception that lane-splitting is legal. There's not a specific law on the books like this proposed TX one. Lane-splitting in CA is just not _illegal_ and therefore is open to _many_ interpretations of what constitutes "safe" lane-splitting. I've heard from many police and CHP; completely differing "standards" that they use to judge "safe or unsafe" lane-splitting - it's all very confusing actually...



My question is this - how is any LEO going to know one way or another if the rider splitting lanes has completed the required safety course, is over the age of 21, or has the necessary medical insurance? Will the LEO be able to randomly just stop lane-splitters to check to see if they're compliant with the regulation? And if they can do that - wouldn't this immediately invoke an ACLU suit against 4th ammendment rights?



Maybe the 4th ammendment thing is a bit overkill, as the Supreme Court already held up LEOs being able to dog-sniff your vehicle upon pulling you over for a traffic violation...



v2-90

(405 lane-splitting warrior)

 

[3522]

Obviously, you aren't supposed to be going faster than the posted speed limit, however the 15MPH over "rule" is not law (i.e. not specifically stated in the CA Vehicle Code) - no matter what the CHP said. I know CHPs myself and I've heard that before from many of them - it's basically a "rule of thumb" that they use to differentiate safe vs. unsafe overtaking of a vehicle, which is what they would most likely cite you for, if you were going too fast past vehicles while lane-splitting (assuming you weren't going faster than the posted limit).



When lane-splitting in SoCal - this seems to be the CVC rule (as most lane-splitting is done on freeways between the #1 & #2 lanes):

21755. The driver of a motor vehicle may overtake and pass another

vehicle upon the right only under conditions permitting such movement

in safety. In no event shall such movement be made by driving off

the paved or main-traveled portion of the roadway.



It's all pretty relative though - if you _are_ going faster than 15 MPH over traffic flow, chances are you're probably splitting lanes too fast (i.e. unsafely, if there is a "safe" lane-splitting model).