The Current Law on Lane Splitting in New York
The current legal status of lane splitting laws in New York is somewhat ambiguous. While not explicitly defined, the practice of lane splitting is not specifically approved. New York’s traffic laws do not directly address lane splitting with regard to the conduct of motorcyclists. However, they do prohibit certain actions by other vehicles that may inhibit safe lane sharing by motorcycles.
Section 1124 of the New York Vehicle and Traffic Law prohibits the driver of a motor vehicle from "colliding" with other vehicles or cutting them off. When combined with Section 1252a, which specifically prohibits operators of motorcycles from passing other vehicles in the same lane, it is assumed that section prohibits lane sharing for both safety and efficiency purposes.
That said , it is not likely that a motorcyclist could successfully bring a lane splitting claim against another motorist if he or she did not suffer physical injuries or significant consequential economic damages as a result of the incident. There are no case law precedents, particularly under current tort reform rules that would result in significant monetary rewards or even serious sanctions against offenders. The absence of case law relating to these issues creates further uncertainties in determining whether lane splitting could result in legal liability for the motorist who causes the accident.
Ideally, New York could introduce legislation that offers a definitive answer as to the legality of this issue. San Francisco, California, has adopted such legislation. However, given the absence of significant motorcycle-related accidents and injuries in New York, any resolution is unlikely to occur in the foreseeable future.
Lane Splitting Law Comparison Between the States
As of this writing, the following states share New York’s position on lane splitting: Other states are even more permissive. In California, lane splitting is neither explicitly legal nor illegal, although the California Highway Patrol (CHP) has once again authorized lane splitting for motorcycles. In Utah and Texas, lane filtering (slower speeds and under 15 mph) and legally defined "safety zones" in lanes are now legal for motorcycles. Virginia is the only state that explicitly bans lane splitting. The above-mentioned "safety zone" provides specified parameters for how long the safety zone must be, when it may be entered, how fast, etc. Other states take on different approaches. Idaho allows lane splitting for motorcycles between lanes 4 feet or less apart, while Rhode Island has no restrictions on lane splitting—no recommended speed, distance required, or time of day; any motorcycle in any lane at any speed is good to go.
Potential Upsides of Legalizing Lane Splitting
Proponents of legalizing lane splitting put forth a number of arguments in favor of its legalization, including the potential benefits that could be achieved by doing so. One of the primary benefits cited by lane splitting advocates is the potential for reduced traffic congestion. In congested areas, such as the roads leading into and around New York City, traffic can come to a dead halt. For motorcyclists, dabbled in with cars, this can create a precarious situation. Lane splitting would allow motorcyclists to keep to the outside of the congestion, alleviating the need to travel in between the rows of stalled vehicles. This, in turn, would also make it easier for motorcyclists to advance beyond slow traffic, potentially minimizing the ever-present risk of immediate rear- or side-impact accidents. Such accidents can be particularly devastating, especially if the motorcyclist is given little to no time to react before colliding with a moving vehicle. Others assert that allowing motorcyclists to lane split would reduce lane-splitting-related injuries on a per-rider basis, as motorists may be more aware of the fact that motorcyclists will be traveling in between rows of cars. As a result, drivers may more actively check their mirrors and be more mindful of the need to scan their blind spots. This, in turn, may help reduce the relatively high rate of motorcycle accidents. Advocates of lane splitting believe that legalizing lane splitting would also provide the state with a potential financial boon. In California, where lane splitting has been decriminalized for years, proponents estimate that the state would save a substantial amount of money in terms of accident reduction costs, motorcyclist injuries, and traffic congestion causes. In addition, proponents argue that enacting lane splitting would allow the state to implement strict licensing requirements for those who wish to lane split. The costs of issuing either a special license or permit, along with the cost of regulating and enforcing lane-splitting laws, are seen by many as a potential revenue stream.
Arguments Against Legalizing Lane Splitting
Opponents of lane splitting in New York present a number of arguments time and again for their belief that the practice should remain illegal. Despite the balancing of benefits and risks that lawmakers consider, opponents continue to hold fast to several arguments that paint lane splitting as a dangerous practice. While this argument may seem logical on its face, those who are well-versed in traffic flow know that motorcycle accidents happen at a far lower rate and give far fewer catastrophic injuries than with other vehicles. In fact, even under current traffic conditions, officials estimate that lane splitting could reduce congestion by 18% without a corresponding increase in accidents . Though they might seem reasonable, the reality is that these fears are unfounded. In fact, those who have studied the issue confirm that motorcyclists are far more likely to control their bikes, avoid sudden movements and come to a complete stop that other drivers. Drivers inside vehicles aren’t the ones who are the most at risk during these interactions. In fact, 60% of all motorcycle crashes involve a collision with a car, and 33% of those conditions involve a motorist making a left turn that fails to see the rider in the lane next to them. Despite these and other similar studies, opponents continue to insist upon the need to forbid lane splitting throughout New York.
Potential Impact on New York Motorcyclists if Lane Splitting Becomes Law
In considering the possibility of lane splitting legalization in New York, it’s critical to understand how this practice could affect riders throughout the state. While motorcyclists may gladly welcome the chance to bypass stopped or slow traffic, the fact is that allowing riders to weave in and out of stopped cars could pose numerous risks.
Distraction
Although distracted driving is a major issue for drivers across the United States, they’re not the only ones who struggle to stay focused on the road. Riders, particularly inexperienced ones, can become distracted while focusing on the cars around them. The inclination to merge between stationary vehicles may be especially tempting for newer riders who grew up hearing parents talk about the time they lost their lives to inattentive drivers. Unfortunately, a moment’s distraction could cause serious problems for the rider and everyone else on the road.
Road Behavior
One of the most significant concerns about the potential legalization of lane splitting in New York State is the possibility that riders will begin to emulate aggressive driving behavior. If they see some cars parting to allow a motorcycle to pass, they might start doing so even if the lane-splitting rider isn’t to their right. This could create a domino effect of errors that could endanger riders and other drivers alike.
Even if more experienced riders don’t feel the need to mimic aggressive driving behavior, traffic congestion and accidents that occur in the future might spur them to do so. While lane-splitting riders might be able to avoid a queue of stopped vehicles, other riders will likely remain in the same lanes. If a lane-splitting rider’s aggressive maneuvers slow traffic, each passing vehicle will be more likely to move into the lane containing stopped or slow-moving traffic.
Enforcement
Should New York legalize lane splitting, state troopers and local law enforcement might have trouble enforcing traffic laws. Riders who speed between stalled vehicles and into oncoming traffic won’t slow down just because the police are present. In addition, officers in other vehicles may not leave enough room between vehicles to allow a lane-splitting motorcycle to pass. Regardless of how the police react, they won’t be able to monitor every motorcycle at all times. If motorists violate the right-of-way laws, they may continue to do so when police are not present.
Given the potential for negative effects on roadway behavior, traffic congestion and motorist safety, it’s no wonder that many state legislators have expressed concern about the potential legalization of lane splitting.
Future of Lane Splitting in NY
The question remains open as to whether the Motorcycle Safety and Control Review Board will recommend lane splitting legislation to the New York State Department of Transportation and the New York State legislature. A few years ago the Board issued a report on the subject, but officials with the DOT and the legislature were noncommittal about whether they would support proposed legislation. Proponents of lane splitting, however, have remained optimistic. The AMA is engaged in the process of educating the public and officials concerning the benefits and the safety aspects of the proposed legislation. The AMA shows no signs of pulling back from its efforts to get New York State to follow other states’ leads . As of this writing, bills have been introduced in both the Senate and Assembly which would make lane splitting legal in New York. The sponsors of the bills are respectively Senator Jesse Hamilton in the Senate and Assemblyman Michael DenDekker in the Assembly. Neither bill has been voted out of committee as of yet. The political winds may be shifting in favor of lane splitting, however. With Democrats controlling all three branches of state government as well as a number of local and county governments, these officials may be more likely to take action on the issue than had been the case before the Trump era. Also, a number of riders are actively calling their representatives to urge them to vote for passage of the bills.