Knowing Florida Motorcycle Statutes Regarding Lane Splitting
What IS Lane Splitting Anyway?
The term "lane splitting" refers to the practice of driving a motorcycle in between two lanes of traffic that are travelling in the same direction. In practical terms, "lane splitting" generally refers to the practice of riding a motorcycle between two cars in traffic so as to arrive at the front of the queue of stopped cars even if that means driving over the double yellow dividing line. In many cases, lane splitting seems to be used to describe this practice of splitting lanes .
Examples of where lane splitting is common include:
Although not universally supported, there are those who recognize that lane splitting may serve a useful purpose in allowing motorcycles to avoid remaining stopped in heavy traffic for extended periods of time while other vehicles are continuously passing the stopped motorcycles. Advocates of extending the opportunity to ride motorcycles in between lanes of traffic also claim that the motorcycles avoid being rear-ended by inattentive car and truck drivers, thereby avoiding potential injury.
Florida’s Law on Lane Splitting
Unlike California and a handful of other states, Florida laws are not on the side of lane splitting. The Florida legislature has explicitly banned lane splitting, making it illegal for motorcyclists to travel between vehicles on roads in Miami and all throughout Florida. The law is even more extreme than California’s, where lane splitting is at least implicitly accepted. In Florida, passing between cars and motorbikes or motorcycles is not simply considered a form of "sharing a lane," as it is in California. Rather, in Florida, the state expressly requires every vehicle to stay in a single lane of traffic. Violating this law is a moving violation, which can be punished by a fine.
The relevant Florida statutes under which lane splitting is banned are Florida Statute 316.0855 and Florida Statute 316.209.
Florida Statute 316.0855
A Florida law from 2013, Florida Statute 310.0855, a provision of the Florida 2013 Motorcycle Safety Study, states: "No motorcycle shall be operated between lanes of vehicles. A violation of this section is punishable as a noncriminal traffic infraction, punishable under s. 318.18."
Florida Statute 316.209
"It is unlawful for the operator of a motorcycle to operate between lanes of traffic at any time".
Legal Ramifications of Lane Splitting
Motorcycle riders and motorcycle accident lawyers have become increasingly interested in the legal consequences of lane splitting in Florida. If you are driving a motorcycle and engaged in lane splitting, you can be fined, points can be assessed to your driving record, and your insurance rates can increase. Deputies will not determine if anyone was speeding or following too closely is at fault for the collision. The motorcycle rider often will receive two tickets if lane splitting is suspected. One ticket will be issued for the lane splitting and the other for speeding or following too closely. Odds are great that the deputy will determine that the car was following too closely and not likely be able to tell who was speeding.
Motorcycle Safety Precautions
Lane splitting poses a significant safety risk to motorcyclists. Lane splitting increases the risk of separating sideswipe accidents. There are also various safety risks for motorcyclists to encounter on Florida’s roadways:
• A car may accidentally drive into a motorcyclist while the driver could claim to not even have seen the motorcyclist.
• A motorcyclist may be ejected from the motorcycle and thrown into the roadway where they could be struck by colliding vehicles.
• A distracted driver may fail to spot a motorcyclist that is trying to pass alongside a stopped or slowed vehicle that is in their blind spot.
• Other vehicles may fail to expect a motorcyclist’s presence on the left or right side of their vehicle.
• In Florida , a nice sunny day with low humidity can create a risk of a motorcycle slipping out from underneath a rider if they hit a patch of sand or oil in the roadway.
Unlike other states that limit lane splitting to certain conditions, Florida does not have any such restrictions. If you are a motorcyclist that chooses to split lanes, you should use extreme caution at all times. Separating yourself from other vehicles on the road is a dangerous practice.
Other States’ Approaches
Florida law on lane splitting stands in stark contrast with that of California, where the practice was made legal in 2016 by Governor Jerry Brown. The California Department of Motor Vehicles currently has a page devoted to motorcycle lane splitting as part of its general motorcycle safety information. It notes that a California study found lane splitting to be generally beneficial to motorcycle and vehicle drivers, as well as to the environment.
The posted DMV guidelines for motorcyclists include an emphasis on being visible and confirming that it is safe to split the lane before proceeding. Riders are also encouraged to keep speeds within 10 mph of the surrounding traffic flow and to avoid making sudden moves or lane changes, as well as remaining alert to other drivers and maintaining a safe following distance. Lane splitting is prohibited in certain areas of California, including around school grounds when children are outside or crossing the street.
Other states have not yet passed laws on the practice. Additionally, some states, such as Montana, Nevada, and Texas, specifically prohibit lane splitting. Examining the potential effects of legalizing the practice could help Florida lawmakers reach a decision on whether to change the law to better align with that of other states.
Advocacy and Potential Upcoming Legal Reform
Currently, some lawmakers in Florida are pushing for the legalization of lane splitting. Lobby efforts by groups such as the AIM/NCOM (the Alliance of Independent Motorcyclists and the National Coalition of Motorcyclists) have gained momentum since the current law has many motorcycle riders confused as to what is, and what is not, legal. As one Miami-area motorcycle rider told local TV news, "We’re often underestimated and many believe we’re on a toy or a hobby, and the fact is, we’re not."
Among the others who support the Lane Sharing Safety Act of 2019 (H.B.291/S.B.388) are Solidarity of Motorcyclists (S.O.M.) and The Motorcyclists Federation of Florida (IMF) comprise more than 70 local motorcycle and scooter Federations promoting, organizing and presenting their viewpoints on topics concerning motorcycling in the state of Florida.
"Optimum rider position awareness and lane awareness is important to allow me to safely operate my motorcycle in the motor vehicle environment. Allowing this mini-lane splitting option will allow maximum rider awareness and maximum handler safety," wrote a motorcycle tour rider.
Others like the idea of allowing motorcycles in congested traffic conditions to "scoot" between vehicles traveling at low speeds and at a safe distance . One Fort Lauderdale motorcycle rider noted that he sees lane sharing and splitting in many major cities of the world, like Seoul and Singapore.
Many legislators note that accident statistics in states which have legalized lane splitting do not indicate any increase in harm to riders. However, while some states which have legalized lane splitting report positive results, about a third of American states have included lane splitting within their definitions for illegal lane change.
For example, California drivers are allowed to share lanes with motorcyclists if conditions allow, while the neighboring state of Arizona prohibits it. Florida law defines motorcycle lane splitting as an illegal lane change. According to the Florida Department of Highway Safety and Motor Vehicles, lane splitting is defined as "the act of riding a motorcycle between traffic lanes or rows of vehicles."
Advocates for motorcycle riders say that the distinction between lane splitting and lane filtering, the practice of coming to a complete stop and only moving up a lane or two, is meaningless.
While legislation to legalize lane splitting is currently being debated in Florida, there is a great deal of uncertainty regarding the future of lane sharing which is worrying for Floridians who rely on their motorbikes as a primary mode of transportation.