7.759 — LEGAL LANE SPLITTING BY MOTORCYCLES

Violations of "Statute 7.759" results in an Infraction and a fine of $275

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(a) Definitions

Lane splitting refers to the act of a motorcycle, moped, or other two-wheeled motor vehicle traveling between adjacent lanes of traffic moving in the same direction, typically when traffic is slow-moving or at a standstill. This practice is recognized as a legal and regulated method for reducing traffic congestion and improving road safety for motorcyclists. Lane splitting does not include riding on the shoulder or between opposing lanes of traffic.

(b) Elements

For lane splitting to be considered lawful, the following conditions must be met:

1. The vehicle used is a motorcycle or similar two-wheeled motor vehicle legally registered and operated by a licensed rider.

2. Lane splitting occurs only:

   • Between lanes of traffic moving in the same direction,

   • When surrounding traffic is moving at 35 miles per hour or less,

   • And the motorcyclist does not exceed the speed of surrounding traffic by more than 15 miles per hour.

3. The maneuver is performed safely, without weaving erratically or endangering other drivers, passengers, or pedestrians.

4. The rider maintains full control of the motorcycle and observes all other applicable traffic laws.

5. Lane splitting is not conducted in designated “No Lane Splitting Zones” as posted by transportation authorities.

(c) Defenses

Legal defenses against a charge related to unlawful or unsafe lane splitting may include:

1. The motorcyclist was operating within the legal parameters as defined in subsection (b).

2. The lane splitting maneuver was necessary to avoid an immediate hazard, road obstruction, or unsafe conditions.

3. The traffic conditions warranted the use of lane splitting to prevent being rear-ended or trapped between larger vehicles.

4. The signage or road markings indicating a prohibition were unclear, obstructed, or absent at the time of the action.

(d) Aggravating Factors

The following factors may increase the severity of penalties if a lane splitting maneuver is found to be reckless, dangerous, or outside legal boundaries:

1. The lane splitting was conducted at high speed, exceeding 50 miles per hour or more than 20 miles per hour above surrounding traffic.

2. The rider endangered others by splitting lanes near school zones, construction areas, or pedestrian-heavy zones.

3. The motorcyclist has a prior history of reckless driving, unsafe lane changes, or similar traffic offenses.

4. The action resulted in an accident, injury, or property damage due to the rider’s disregard for traffic conditions or failure to maintain control.

5. The motorcycle was not street-legal, or the rider was unlicensed, impaired, or operating without required safety equipment.