Overview of lane splitting
Lane splitting is the act of maneuvering a motorcycle within or between lanes of slow-moving or stopped traffic. It is most commonly performed when traffic is moving at a low rate of speed or when vehicles are completely stopped. It is a topic of discussion across North Carolina and the country because at present 50 states have some form of law prohibiting lane splitting, even though a recent study shows overwhelmingly that motorcyclists approve of it and believe it is safer than sitting in traffic.
The concept is simple. When you are seated on a motorcycle you have the ability to navigate very tight spaces and fit through places that you cannot in a conventional automobile. That practice has been common as long as motorcycles have been around. There are many benefits to doing so , including:
Many motorcycle riders who sit in the left lane of traffic see cars squeeze past them as they come to a stop at a traffic light. In those cases it is obvious that the motorcycle could squeeze through and get ahead of the long line of traffic. But the law prohibits it and causes safety concerns – particularly since there is little awareness amongst the motoring public that motorcycle riders can use the space between lanes to advance past stopped traffic.
The study recently conducted by the Motorcycle Industry Council showed that 59% of all riders feel safer lane splitting compared to stopping in traffic, and 69% of all riders agreed that traffic congestion in metropolitan areas would be reduced if more motorcyclists were allowed to lane split. None of that is news to motorcycle riders. But only time will tell whether the data will convince the legislature to lift the ban on lane splitting in North Carolina.
What the current law is in North Carolina
At present, lane splitting is not explicitly legal or illegal in North Carolina. In 2011, then state senator and current Democratic national committee chair Tom Perez introduced legislation to ban lane splitting in the state, possibly in reaction to the road rage incident described above. However, the bill did not pass into law.
The state has no specific statutes or ordinances on the books that address the legal status of lane splitting. Some traffic lawyers tell us that police officers in our state will frequently give tickets for lane splitting as well as aggressive driving, but that it varies from officer to officer. So in all likelihood, police have wide latitude over these offenses.
Legally, there is a possibility that a lane-splitting rider involved in an accident could be charged with greater offenses, e.g., reckless driving for exceeding posted speed limits.
Vice versa, and unsurprisingly, if a lane-splitting rider causes an accident, the chances of negligence liability are high.
Consequently, the current legal status of lane splitting in North Carolina is fairly unclear. Since there are no uniform, written rules regulating the act, it is up to the discretion of law enforcement and the judiciary to define this precarious, dangerous practice.
What’s more, in 2023, Gov. Roy Cooper signed into law the "North Carolina Motorcycle Safety Awareness Act," which requires the state Department of Transportation to establish a free motorcycle safety and awareness program that includes but is not limited to public service announcements. The law went into effect on June 1, 2023. While state-specific safety guides for riders of motorcycles and mopeds are undoubtedly a step in the right direction, they do little to address the dangers of lane splitting.
Lane Splitting laws in other states
For motorcyclists who travel beyond the North Carolina border, the question of whether they can legally split lanes becomes even more critical. Georgia does not allow lane splitting, however there is an exception in case of an emergency, and it is said that Tennessee is considering drafting legislation to allow some level of lane splitting on state highways. Currently, the following states have laws that either explicitly prohibit lane splitting or allow it to some extent:
Arkansas – Lane splitting is illegal in Arkansas, while it’s legal to drive a motorcycle between rows of cars while waiting for a red light to change. Florida – No law exists defining lane splitting one way or the other. Florida law clearly allows riding a motorcycle between lanes at a standstill, although not all police are on board with this interpretation of the law. A police officer in St. Petersburg confronted motorcyclists doing this, but ultimately decided not to give them citations for lane splitting due to the lack of clarity in Florida law on the subject. Louisiana – Lane splitting is legal as long as both lanes are traveling at 20 mph or less with at least one car length between the motorcycle and the car in front of it when passing through traffic. Tennessee – No formal law exists prohibiting lane splitting explicitly, although it remains illegal to ride a motorcycle between lanes of traffic unless the lanes are completely stopped, in which case the speed limit is essentially 0 mph. Virginia – No law exists expressly prohibiting the practice, although the Virginia Department of Motor Vehicles notes that splitting lanes creates safety risks. Alabama – No formal law exists giving motorcyclists the right to split lanes.
Arguments for and against lane splitting
Proponents of lane splitting, also known as white-lining or stripe-riding, cite two main reasons for opposing bans: safety and reduced congestion. For example, a representative of the California-based group LaneSplittingIsLegal.org wrote that "if riders are.allowed to split lanes, they can get through when traffic is stuck and only able to go 15 miles per hour. The benefits are that motorcycles get through instead of being stuck in traffic, and reducing the number of cars means reducing emissions from those cars." The organization has also made organized efforts to change North Carolina law and allow lane splitting within the state. A 2014 study reported by the National Highway Traffic Safety Administration (NHTSA) also supports the safety argument. In its Motorcycle Accident Cause Factors Study, NHTSA found motorcycles are less likely than cars to be involved in right angle accidents. Of course, if this is true, there is less of a chance of being involved in a multi-vehicle accident, which increases the odds of survival. Further, some accident reports note motorcycle vs. pedestrian accident rates have not increased at the same pace as the overall motor vehicle accident rate. For instance, in North Carolina during 2014, the rate of accidents involving motorcycles increased only 4% statewide, while the overall accident rate increased by almost 14%. These statistics, along with the lane splitting argument, might be considered in North Carolina as well.
Opponents of the practice in nearly every state cite safety as a primary concern. They argue there is little difference between motorcyclists splitting lanes on a highway on-ramp and lane splitting at high speeds on a heavily traveled urban street . Further, they believe lane splitting at speed "encourages low-speed travel in between slower-moving vehicles." Some opponents note that because lane splitting is severely restricted or banned in many states, any negative safety data generated in those states will likely fall disproportionately on motorcyclists who did not have the opportunity to split lanes. The accident rate for motorcycles in North Carolina has increased steadily over the last five years, leading some in the state to oppose the practice of lane splitting. In 2014, North Carolina saw 136 motorcyclists lose their lives on the state’s roads. In 2010, only 115 motorcyclists were killed. Penned in response to ideas such as those put forward by LaneSplittingIsLegal.org, these authors have suggested most motor traffic is generated by a small percentage of vehicles despite of what they suggest to the contrary. Yet, one could argue the above traffic safety data has little to do with the effects of lane splitting. Some have also suggested they question the safety value of the increased lane-sharing rights of motorcyclists in California. About 63% of licensed motorcyclists in California are uninsured, meaning lane-sharing could actually be even more dangerous in a densely populated area. Other major cities have yet to embrace lane splitting, so perhaps the low number of fatalities is not directly related to the increase in lane-splitting. The fact is lane splitting is controversial and garners a lot of support and opposition. Only time will tell if proponents will continue to push California-style laws in North Carolina and beyond.
Motorcycle safety tips
Whether Lane Splitting is Allowed or Not, Motorcyclists Should Always Keep the Following in Mind
Not everyone knows this, or even thinks about it, but in an accident with a motorcycle, the passenger is just as vulnerable as the driver. So if you’re interested in lane splitting, and are lucky enough to live in a place where it’s allowed, take a passenger along for a few times to gauge how well she can keep it together. This isn’t a super safe activity to start out with, and it’s definitely not safe for distracted riding, drunks, and drug addicts.
But let’s say you’ve been doing this for a while. And let’s say it’s legal. You’re going to likely encounter a road with two or more lanes and a center divider. For safety’s sake, particularly as a novice, you’ll want to stay within the lines of your lane of traffic. While there’s some safety to be had in making yourself more visible by riding to the left of the line, you can also make a fool of yourself that way if the driver next to you doesn’t see you. You’ll want to navigate through cars in your lane toward the center divide, not along its border. And you’ll want to stay in that position until you reach the next lane, at which point you’ll (presumably) speed up to pass the car immediately in front of you. Of course, if you’re coming to the morning gridlock from Bermuda Triangle Lanes to Route 14N, you know better than to attempt lane splitting anyway.
Interestingly, lane splitting like this actually helps keep motorcyclists safer, because it forces other drivers to pay more attention.
But moving forward.
When you happen upon a road with only one lane in either direction, potential issues intensify. At 10 miles per hour, you’ll want to pass parked cars like they’re defunct traffic lights on the road to Oz, but no matter how tempting this might seem, it’s really not the ideal plan of action. If you look closely, you’ll notice that the rear of parked vehicles are not necessarily neatly lined up along one another — some are positioned at greater distances from others. Add to this the fact that you’d like to get through this obstruction without attracting the attention of law enforcement, and you may find tacitly that another option is better. Stay focused on one car at a time, and move slowly — even if you have to skip over a car because there’s not enough space. When you finally reach the end of the road, you’ll be grateful that you don’t have any tickets or an accident on your conscience (figuratively speaking).
Finally, whatever the law of your state or municipality, one of the best safety tips for motorcyclists is to avoid lane splitting at night, when the headlights of other drivers make the slant of their vehicles very hard to see. It’s even worse when it’s raining because of the rare angles this phenomenon produces when the water reflects beams of light toward the sky, and the puddles on the road whose width changes as you pass them increase your chances of an unfortunate encounter with the tires of a car you can’t see.
Helpful resources for motorcyclists in NC
Riders in North Carolina should take advantage of the numerous resources available to educate themselves on the latest developments with regard to lane splitting laws and other items that may pose a risk to their wellbeing on the road. North Carolina is home to a number of motorcycle organizations and resources that promote motorcycle education in addition to safety and law enforcement resources that help motorcycle riders to remain informed of what goes on both on and off the road.
The North Carolina Motorcycle Safety Education Program (NCMSEP) provides comprehensive motorcycle training courses through organizations across the state, with courses for beginners, experienced operators and instructors. The program also certifies these organizations’ instructors. The program is offered through the North Carolina Division of Motor Vehicles (NCDMV), the local government body that retains authority over the state’s motor vehicle traffic laws. The NCDMV also publishes a free North Carolina Motorcycle Handbook, which offers information on operating a motorcycle in the state.
The North Carolina State Highway Patrol keeps detailed statistics on the scope of motorcycle accidents and fatalities in the state. The SHP posts this data on its website , which allows users to search by county and year to view statistics relevant to their location. For more localized information, many police departments keep their own accident data.
Organizations such as the North Carolina chapter of Bikers for Awareness, Unity, and Respect, an advocacy group for motorcyclists’ rights, address road safety issues and provide members with safety and education resources. Even though lane splitting is currently not legal in North Carolina, the North Carolina Motorcyclists Association aims to change that through activism and lobbying efforts. The organization offers additional educational and professional resources for riders throughout the state.
State motorcycle organizations and local vendors also provide promotional and discounted tickets to the annual North Carolina Motorcycle Safety Awareness Rally, held every May in Raleigh. Attendees can participate in various group rides and enjoy other activities, and organizers use the event to raise money for motorcycle safety and awareness while providing a platform for the motorcycle community to advocate for its interests.