What is Lane Splitting?
It’s also important to understand the context of lane splitting and what it means to those who ride. Lane splitting is The National Highway Traffic Safety Administration (NHTSA) and the Motorcycle Safety Foundation’s (MSF) term for the practice of a motorcyclist riding between rows of stopped or slow-moving cars. The practice is also known to some as "white-lining" or "white-lining it." You’ll see it more often in larger cities, and if you’ve ridden in California, you’ll see it even more frequently.
The official NHTSA definition of lane splitting is "riding a motorcycle between rows of slow or stopped cars, also known as filtering." Though the definition implies that lane splitting is being done only in slow or stopped traffic, that’s not entirely the case. Lane splitting can also be done at low speeds in moderate traffic, but there has been no comprehensive research done on how that impacts motorcycle safety. That said, lane splitting is undeniably more common in traffic that is moving at some speed.
From a practical standpoint , lane splitting is most common for motorcyclists who come upon slower-moving traffic in urban areas or on busy highways. For instance, if traffic is moving 15 mph or less and is bunched together, the motorcyclist may have to split lanes to make up for lost forward progress. Manufacturers, too, are aware that lane splitting is done, with some, such as Harley Davidson, advertising that their clutch and transmission systems are designed to handle the unique demands of the practice. Motorcyclists may also have to lane split in order to avoid a problem associated with riding with other vehicles in an urban area: rear-ending.
Still, the NHTSA is careful to note that "motorcyclists should be aware of their surroundings and be cautious" when deciding to lane split. In fact, a great number of lane splitting accidents happen because a bicyclist will open a car door into the path of a motorcyclist. Lane splitting is also far more common for light trucks, and those who drive such vehicles may not be expecting a motorcyclist to pass closely on the right. As a result, the danger of getting in a motorcycle accident while lane splitting is significantly increased.
New Jersey’s Laws on Lane Splitting
New Jersey has no lane splitting law. There is, in fact, a New Jersey Department of Motor Vehicles (DMV) guide for motorcyclists which explains the lane splitting is illegal and the reasons for that prohibition. The DMV warns " Riding between lanes of slow moving traffic or ‘lane splitting’ is illegal by state law in New Jersey, and can create an extremely hazardous situation." The apparent basis for the prohibition is the unburned fuel vapors and other contaminants that may cause a fire or explosion hazard when trapped in the confined space of an automobile.
The same guide warns "Motorcyclists are reminded that riding between lanes of traffic is illegal in states that allow lane splitting." New Jersey statutes do not include any provision which legalizes lane splitting. New Jersey motor vehicle legislation does include motorized two-wheeled vehicles in the definition of "motor vehicles" under N.J.S.A. 39:1-1. N.J.S.A. 39:3-20.2 provides for the issuance of a motorcycle license, N.J.S.A. 39:4-10 requires operators to have at least one functioning headlight and a functioning rear brake light. N.J.S.A. 39:4-11.1 and 39:4-11.2 provide for motorcyclists to wear protective headgear and eyewear. N.J.S.A. 39:6A-3 provides for mandatory insurance coverage for bodily injury and property damage liability and coverage for uninsured motorists. N.J.S.A. 39:6B-3 requires for a no fault policy which includes coverage for pedestrians.
New Jersey motor vehicle legislation includes a helmet law. A no fault law which includes pedestrians. Mandatory insurance coverage. No lane splitting law. There is no provision which would appear to permit lane splitting, there is no provision that prohibits lane splitting. There is a prohibition against "riding between lanes of slow moving traffic." The prohibition appears to be vague and possibly subject to the kind of interpretation that would permit the possibility of lane splitting under New Jersey motor vehicle legislation. The legislative history for new Jersey motor vehicle law does not as far as I can tell draw any distinctions which may effectively prohibit or permit lane splitting under certain circumstances.
How does New Jersey Compare?
As previously mentioned, there are no laws in New Jersey or Pennsylvania governing lane splitting. However, that is not the case with every state.
California has been the state at the forefront of all the current lane splitting discussions due to the recent passage of SB 1422, which seeks to make lane splitting more explicit in California law. Lane splitting has been a generally accepted practice in California for over 30 years. A survey by the Office of Traffic Safety of the State of California found that every year, somewhere between 14 and 22 percent of motorcyclists engage in lane splitting. That translates to hundreds of thousands of riders who engage in the practice from time to time. Several other states also permit or tolerate lane splitting.
Lane splitting is legal in:
- Colorado
- Idaho
- Maryland
- Texas
- Utah
- Washington
- Hawaii
Motorcycle Safety Concerns
Lane splitting is a physically dangerous practice that has potential for fatal results for cyclists. When we refer to lane splitting, we mean the act of riding a motorcycle between lanes or rows of slow or stopped traffic moving in the same direction. The more difficult and complex the traffic pattern for lane splitting, the more likely an accident. An errant motorist can be quite hazardous in splitting scenarios.
Several studies report fatalities and serious injuries from motorcyclists striking vehicles in adjacent lanes. One study conducted in California reported that lane splitting leads to less impairment of cognitive awareness and concentration than riding between stationary vehicles in surrounding lanes. Another report showed that lane splitting led to a 50 percent reduction of rear-end collisions of motorcyclists at red lights. In that study, California Highway Patrol data indicated that documentation of multifarious lane splitting incidents was virtually nonexistent. Thus, lane splitting is accomplished by motorcyclists with excellent to superior accident-prevention capabilities. Additionally, California Highway Patrol officers engaged in lane splitting to avoid congested traffic patterns.
Notably, as of 2003, while California permits lane splitting, the National Highway Traffic Safety Administration (NHTSA) recommends against lane splitting for multiple reasons , including: possible injury severity in a lane split accident; lack of skill required to safely maneuver among lanes in traffic; and distraction of motorists. The NHTSA also cites the absence of empirical data on lane splitting accident frequency and severity. The Motorrad report does not cite any specific data regarding lane splitting injury frequency or severity. Norwegian accident statistics show that the severity of nonfatal motorcycle crashes may be reduced by riding between stopped vehicles at red lights.
In 2017, the National Transportation Safety Board (NTSB) issued its report MS-17-01 "Collision Related Injuries: Understanding the Burden, Recognizing Solutions". In this voluminous report, the NTSB observed that there was little data on the prevalence of lane splitting and no data on the prevalence of lane splitting injuries and fatalities in the United States. The NTSB noted that motorcycle lane splitting might be safer than filtering and could reduce rear end crashes. The NTSB also acknowledged the criticism of lane splitting as dangerous, potentially increasing emergency response time, and leading to accidents involving pedestrians. Finally, the NTSB obliquely recognized the Department of Motor Vehicles of California’s California Motorcycle Handbook, which includes guidance to lane split.
Although lane splitting is not legal in New Jersey, it might be beneficial if used, as suggested below, in a very restricted manner. All motorcyclists must remember, awareness and alertness are paramount to survive while riding on our roadways. Non-motorists must be aware of the unusual presence of motorcycles and their relatively small widths to avoid contact with them.
Public Opinion and Lobbying
The public opinion on lane splitting in New Jersey is a complex issue, with both supporters and opponents of the practice. Lane splitting advocates, including many motorcyclists and motorcyclist organizations, argue that it can reduce traffic congestion and improve rider safety by allowing motorcyclists to bypass stopped or slow-moving traffic. Proponents also contend that it can prevent rear-end collisions and help to prevent overweight vehicles from colliding with vulnerable motorcyclists caught in between.
On the other hand, opponents of lane splitting in New Jersey cite concerns related to safety, arguing that it can lead to more accidents and injuries for both motorcyclists and other road users. Some also contend that lane splitting can create confusion for drivers who are not familiar with the practice.
Despite the push for legalization, in recent years, the New Jersey legislature has not passed any measures to change the current laws surrounding lane splitting. In 2019, for example, the New Jersey Assembly Transportation Committee held a hearing on a bill that would have allowed lane splitting in certain circumstances, but the bill failed to advance to a vote.
Motorcyclist organizations such as the American Motorcycle Association and the National Coalition of Motorcyclists have advocated for the legalization of lane splitting in New Jersey, and have pushed for the passage of pro-lane splitting bills in the legislature. These organizations argue that lane splitting can improve safety and reduce traffic congestion, and that allowing the practice would benefit all road users in the state.
In the absence of clear legal guidance on lane splitting in New Jersey, motorcyclists are left to navigate the practice at their own risk. Until there is a change in the law, the debate over the safety and legality of lane splitting in the state is likely to continue.
The Future of Lane Splitting
As for the future, legislation concerning lane splitting has been introduced in the New Jersey State Assembly. On January 14, 2022, a bill was introduced in the Assembly titled the "Motorcycle Lane Filtering Act." It would allow individuals with motorcycle licenses to operate a motorcycle in between motor vehicles temporarily stopped on the highway. However, the bill does not appear to have advanced in the legislative process since its introduction.
This failure to advance in previous legislative sessions suggests that it may be a long time before lane splitting is permitted in the State of New Jersey . That said, the introduction of the "Motorcycle Lane Filtering Act" evidences that the topic continues to be of interest to lawmakers and that a debate on whether this relatively obscure motion should be permitted in New Jersey will be had at some point.
In the meantime, the legislature and motorcyclists can watch as the newly-passed SB 665 in California takes effect. For the moment, any motorcyclist in New Jersey who attempts to engage in lane splitting within the state may be breaking the law and potentially face criminal penalties.