From: fester@island.COM (Mike Fester)
Subject: Re: lane splitting
Organization: /usr/local/rn/organization
Date: Fri, 28 Aug 1992 17:57:55 GMT

In article <1992Aug26.195723.9297@eos.arc.nasa.gov> phil@eos.arc.nasa.gov (Phil Stone) writes:
>In article <1992Aug26.185742.12827@javelin.sim.es.com> llane@javelin.sim.es.com (Laura Lane) writes:
>>Hi I'm a new reader to the group so please be easy on the flames:
>
>OK, but just this once.  :-)
>
>>IMO it's not very safe from an insurance point of view. When I lived in
>>Calif. the view that was taught to me (from a Motor Cycle Safety Course and 
>>a few police officers (also riders), was that an accident occuring from a 
>>motorcycle running up between the lanes of tracfic could be charged w/
>>reckless driving. 
>
>An accident resulting from a non-lane-splitting situation could also
>lead to a charge of reckless driving.  R.D. is a catch-all judgement call;
>it can apply to any situation of unsafe use of the road.  This does not
>mean that lane-splitting is always reckless driving.

There is an article in the Sept '91 issue of _CityBike_, written by Robert
Patrick, a California attorney specializing in motorcycle cases. He quite
clearly states that it is NOT necessarily a bikers fault in this situation.

>>I guess what I'm trying to get at here is.. is it legal or illegal to lane
>>split

>This question of legality (in California, at least) really should be
>in the FAQ.  The answer is, it is not illegal.  Note the wording here;

Which is stated EXPLICITLY in the DMV handbook for motorcyclists.

>I didn't say it *was* legal, I said it is not illegal.  Nothing in the
>vehicle code specifically prohibits it, and the CHP has indicated (less
>up-front and officially than we'd like) that they condone the practice
>when it is done carefully, as it is the strategy of lesser risk for motorcycles
>in stop-and-go traffic.  Motorcycles stopped on the freeway run an enormous
>risk of being sandwiched.  Specific jurisdictions (i.e., Marin County) don't
>allow it, because they hate motorcycles, and seize any petty excuse to
>discriminate against them.

>>and if it was illegal wouldn't this solve the lane splitting issue, 
>>since insurance is high enough with out adding all the tickets for lane
>>splitting and accidents to it.  

>What tickets and accidents?  Aside from Marin, only reckless cyclists are
>issued tickets for it.  These same dweebs cause the bulk of our insurance
>problems.  Why single out lane-splitting?

>I lane-split every day that I take my bike to work.  Most commuting cagers
>are used to it in Cal., and some even move over to make more room (I give a
>wave of thanks to them).  A few assholes try to crowd me out; I don't even
>get mad at them anymore, I just go around the other side of them (signaling
>*all* lane changes, btw), and derive a little satisfaction from their
>frustration.  I'm seldom surprised by people changing lanes in front of me;
>there just isn't that much room to do this in the sort of traffic that favors
>lane-sharing.  I keep my speed differential at about 15 mph - I think there's
>plenty of time to react if you stay very observant.  Once traffic starts to
>open up, I grab a complete lane slot, as this is when people start to make
>quick lane changes.  It's really not difficult or dangerous, once you get
>used to it.

Excellent advice, all the above.

>In summary, lane-splitting is safe if you stay alert and be reasonable about
>it - just like the rest of motorcycling, only more so.

and again.

Mike
-- 
Disclaimer - I'm only doing what the little voices tell me to do. 
Newsgroups: rec.motorcycles