What Is Lane Splitting?
Lane splitting generally refers to the practice of riding a motorcycle between rows of slow-moving or stopped vehicles in flow of normal roadway traffic. The general purpose of lane splitting is to ease congestion and funnel around traffic. While its roots may be traced back to motorcycle racing, lane splitting is legal in only a small minority of states (including California). Lane splitting in the majority of states (including West Virginia) can carry the risk of being cited and penalized under the "following too closely" or "improper passing" laws .
While lane splitting is distinct from lane filtering and lane sharing, it can be common for riders to incorrectly use these terms to describe different categories of motorcycle riding. Lane filtering may refer to moving a motorcycle between two lines of stopped traffic to get to the front. Lane sharing typically refers to when two riders proceed side by side in the same lane, effectively blocking other vehicles from passing.
West Virginia’s Current Position on Lane Splitting
Lane splitting is currently not defined or addressed in the West Virginia Code. However, per W. Va. Code § 17C-1-5, the legislature has given the authority to regulate traffic to the Commissioner of Motor Vehicles. The Department of Motor Vehicles, in turn, derives its authority from the codes and provisions of W. Va. Code § 17C-1-3 to create West Virginia traffic code, if not already provided for by the legislature. The West Virginia traffic code consists of forty-nine chapters regulating all aspects of operating a motor vehicle on the roadways of West Virginia. In West Virginia traffic code, whether chapter eleven outlining stopping, standing, and parking of vehicles on the roadways or chapter eighteen regarding operation of bicycles, stand-up electric scooters, and mopeds, or any other chapter of West Virginia traffic code, one will not find any mention of lane splitting. Therefore, lane splitting as such is not permitted under the West Virginia traffic code.
Comparing the State of Lane Splitting in the U.S
To date, only four states have a law explicitly allowing lane splitting. Those are California, Utah, Oregon, and Nevada. Vermont’s legislature passed a lane-splitting bill in 2018 that was vetoed by the Governor. The Governor said he vetoed it because he wanted to pass a bill first on requiring motorcyclists to wear helmets. Colorado, Texas, Arizona, Arkansas, Washington, Hawaii, Louisiana, and Minnesota are exploring lane splitting options this legislative season. In Virginia, a lane splitting bill was rejected by an 8-6 vote in the Senate Transportation Committee. In Maryland, a lanesplitting bill died on a 6-5 vote. Delaware and West Virginia have no laws explicitly addressing lanesplitting. West Virginia, however, does provide riders with the protection they need if they do choose to do so.
Safety Implications and Concerns
Due to the fact that most of the research on the topic has been conducted in either California and France, the results on lane splitting safety are still inconclusive. One study by the University of California Berkeley came to the conclusion that lane splitting not only helps motorcyclists avoid rear end car crashes, its actually safer than driving in the middle of the lane. However, the results are still unclear whether it is safer to lane split or remain in a lane for those motorcyclists who match the speed of traffic. In addition, some safety advocates, including the National Highway Safety Administration have gone on the record as being opposed to the practice, calling it too dangerous in the U . S., where cars are generally larger and drivers less aware of their surroundings than in Europe. This is also supported by another study which was completed in 1981 by the Motorcycle Safety Foundation. This study concluded that motorcycles were 10 times more likely to crash when cars are traveling 30 miles per hour than if the cars were at rest. At present in the ongoing dispute over whether to further permit lane splitting the data has not been made available to either side of the debate. Thus, until this data is made available the final call on permitting lane splitting rests with the state legislature of West Virginia.
Public Opinions and Rider Views
To understand lane splitting in West Virginia, it is essential to consider public opinion and the perspectives of motorcyclists. While there have been limited anecdotal studies specifically addressing public attitudes within West Virginia, statewide surveys of motorcyclists and observations from local groups provide a glimpse into how riders and non-riders view this controversial practice.
According to a qualitative study published in the West Virginia Law Review, residents in the state had "mixed opinions toward lane splitting." The 2014 study focused on how West Virginians conceptualized lane splitting and evaluated its potential legalization. Alcohol and drug use, as well as the notoriety of lane splitting in California and the "cultural legitimacy" of motorcycling, were identified as influential factors in these attitudes. Participants in the study were divided on the perception of lane splitting as either a form of "traffic untouchability" or a means of creating "traffic order." Those who viewed lane splitting in regulatory terms were more likely to support legalization, while those who associated it with anti-social tendencies were more opposed to legalizing the practice.
In an effort to quantify public sentiment, the West Virginia Custom Motorcyle Alliance, an organization for riders, began an online survey in April 2016. Named Lane Splitting in the Mountain State, the survey sought to "gauge our riders’ opinions on the issue" by posing several questions about lane splitting and asking participants to list two advantages and two disadvantages of the practice.
The results of the survey, which closed in June 2016, revealed a strong preference for lane splitting among respondents. Of the 198 riders who completed the survey, 94 percent supported the practice, while only 6 percent opposed it. When asked about the advantages of lane splitting, 54 percent of respondents selected "lessen risk of rear end collision" as a key factor. Other popular benefits included "get ahead of stopped traffic," "reduction in emissions," "save time," and "safe place to pull over." The only popular (i.e. with at least 15 percent of responses) disadvantage was "prefer to ride behind vehicle instead of corralled between them." In other words, lane splitting was viewed almost universally as the preferred alternative to queuing behind a long line of slow-moving vehicles on the highway.
In contrast to these findings from the rider community, a survey in the Charleston Gazette-Mail found that the overwhelming majority of non-riders opposed legalizing lane splitting. According to the May 2018 article, 85 percent of local residents, and 77 percent of statewide residents, "disapprove of allowing motorcyclists, like California riders in Southern West Virginia, to ride between traffic lanes to pass vehicles." Non-riders specifically cited safety concerns. "I think that’s a dangerous thing," said one Charleston resident to the Gazette-Mail.
Differences between the perceptions of riders and non-riders have also been observed in other states. A comparison of survey results exploring public attitudes toward lane splitting in California and other states found that "California attitudes on lane splitting were more positive than…the other states." Top reasons why California drivers do not worry about lane splitting include trust in motorcyclists to ride with caution (74 percent), the belief that lane splitting increases safety by decreasing the odds of motorcycle accidents caused by rear-end collisions (63 to 64 percent), and a lack of problem lane splitting on California roads (63 percent).
Surveys exploring rider perspective on lane splitting are rare. However, an 2018 study of lane splitting among German motorcyclists ("Study on Lane Splitting") found that German riders would support a legal framework only if particular conditions were met. Notably, 75 percent of the 166 participants believed that lane splitting is necessary to increase overall safety (however, only 57 percent held this position when asked to provide an open-ended response). The desire for a legal framework to govern lane splitting varied, with only 55 percent indicating support for such a framework. Still, only 31 percent of survey respondents "actively split lanes between legally permitted cars," and only 29 percent "frequently ride close to truck lanes." While these numbers suggest relatively limited use of lane splitting, the 2018 Study on Lane Splitting uncovered a contradiction in participant responses, concluding that "motorcyclists may be more aware of the practice-related threats and risks of lane splitting than they publicly acknowledge during such self-reporting surveys."
The Road Ahead for Lane Splitting in West Virginia
The practice of lane splitting in West Virginia is currently in a state of legal limbo. As the debate continues, it will be interesting to see how lawmakers and the public will navigate the contentious issue.
Several bills have been introduced in the West Virginia legislature that would allow lane splitting, but none have made it past committee hearings. For instance, a bill passed out of the Senate during the last session, but was not taken up by the House. Even though it appears to be a priority for several legislators to introduce this bill again, the future of lane splitting in West Virginia remains uncertain .
Although there is strong support for lane splitting among motorcyclists and automobile enthusiasts in West Virginia, the bill also faces opposition from a vocal minority. In addition, there is the concern, as noted above, that lane splitting may not be the right choice for West Virginia’s population density, regional topology and weather. Complicating matters further, 20 states, plus Washington DC and Puerto Rico, already have lane splitting laws.
While advocates of lane splitting have presented various reports and data supporting their case, it will ultimately be up to lawmakers to consider whether the potential benefits of lane splitting outweigh potential drawbacks.