Potential good news: Texas lane-splitting bill drafted

<http://www.capitol.state.tx.us/tlo/79R/billtext/HB01522I.HTM>

Let's hope it passes. Texas has needed a lane-splitting law for
decades. I'm not sure I'm completely on board with the way it's
drafted, but it's certainly better than nothing.

Keep your fingers crossed. Hopefully, we Texas motorcyclists will soon
be able to stay safe in heavy traffic congestion without being ticketed
for it.

__
Tim Kreitz
2003 ZX7R
2000 ZX6R
DoD #2184
http://www.timkreitz.com

 

There are several Bills that are in committees at our legislature, that will
affect motorcyclists in Texas.. The "Lane Splitting Bill" is just one of
them..

There is a planned meeting with Legislators on the 21st of March.. ABATE is
hosting a breakfast meeting with those Legislators and everyone who rides is
invited to attend.. This will be an excellent opportunity to meet with those
guys to let them know how you feel about the legisltaion they will be voting
on, that affects us all.. I'll be looking to see you there..

Bill Walker
Irving, Tx.

 

I just wrote the representative who authored the bill. Here's the text:

Dear sir,

Thank you for authoring HB1522, which would allow Texas motorcyclists
to use the technique commonly referred to as ''lane-splitting'' when
navigating in congested traffic situations.

After reading the bill, I humbly offer two suggestions that I believe
would improve it:

1. Please allow for a 10-mile per hour speed differential between a
lane-splitting motorcyclist and the surrounding vehicles, rather than
the 5 miles per hour currently specified in the bill. During periods of
slow-creeping traffic, the relatively small difference in speed could
lead to stability problems for the motorcyclist.

2. Please include language in the bill to specify that any motorist who
attempts to impede a lane-splitting motorcyclist (by doing things like
opening a car door or swerving a vehicle furtively) commits an offense.
Unfortunately, such types of actions are sometimes committed by
motorists in areas where lane-splitting is already legal. It would be
nice to have those acts clarified as offenses at the time the bill goes
into law.

Again your work is appreciated. If I can be of any assistance in this
effort, please feel free to contact me.

Sincerely,

Timothy V. Kreitz, motorcyclist
AMA member #[SNIP]
MSF instructor #[SNIP]
http://www.timkreitz.com

__
Tim Kreitz
2003 ZX7R
2000 ZX6R
DoD #2184
http://www.timkreitz.com

 

Many of us have been doing the lane splitting things for years, in Texas..
There have also been quite a few tickets cited for it.. Although I've never
gotten one of them myself, I'm told that the fines are exorbitant..

Maybe.. if this Bill is successful in legislature, we can relax a bit and be
completely legal while we ride..

Bill Walker
Irving, Tx.

 

even today on the morning commute, when the traffic became stopped most
of the time, i split up to 2 or 3 cars... crawled with everyone else for
a while, jockied for better position like a cage for a while, then split
another few cars (got a honk from one that time) then jockied to the
right shoulder and past some more for a while until I got past the clog
and then melted back into the flow of traffic.

 

You're correct!

http://www.capitol.state.tx.us/statutes/docs/TN/content/htm/tn.007.00.000545.00.htm#545.001.00

I've just read through the sections discussing lane use several times, and
there is not one word about lane sharing.

Interestingly, the DPS Motorcycle Operator's Manual (that they give you to
study for the test) says, on page 16, "Lane sharing is usually prohibited".
Apparently that is a complete fabrication.

Thanks for pointing this out. Now, I'd like to know what law the citations
referenced, for those of you who may have been ticketed for lane sharing.

Anyone?

-Alan L.

 

Okay, so I emailed the bill's author or sponsor, Bob Griggs, via the form on
the House website.

----------

Dear Representative Griggs,

I have been reading over the text of H.B. 1522, regarding operation of a
motorcycle between lanes of traffic.

First, I'd like to thank you for addressing the concerns of motorcyclists. I
appreciate the fact that you and other representatives pay attention to the
needs of the citizens, and are willing to take action to make improvements
when they have opportunity.

However, it has come up in discussion that there is no law prohibiting
''lane sharing'' or ''lane splitting''. I questioned this, because the
Motorcycle Operator's Manual (distributed as a study guide for the written
operator's test) states that it is usually prohibited.

As it happens, though, chapter 545 of the transportation code, regulating
movement of motor vehicles, has no provision addressing this at all. In
other words, the new bill adds nothing, and is in fact a restriction.

This comes as a real surprise, because I've always read that ''lane
splitting'' is illegal in Texas and almost every other state (California
being the notable exception). This also means that the Motorcycle Operator's
Manual contains incorrect information.

Am I overlooking something? Is there another provision in state law
somewhere that prohibits lane sharing? If so, please accept my apology.
However, if there is no such law, the public (and law enforcement) simply
need to be educated, and the new bill can be withdrawn.

Thank you for your time,
Alan LaRue
Baytown

 

Some of the confusion comes from "lane splitting" versus "lane
sharing". Being single-track vehicles, motorcycles technically can't
"lane split" (occupy multiple lanes at once), but that's the name that
stuck for what bikes actually do, which is "lane share" (temporarily
occupy the same lane as another vehicle).

Steve's right - there doesn't appear to have been any law making lane
sharing illegal in the first place. The new bill is nothing more than
a proposed change to Transportation Code 545.060 which would
explicitly allow lane sharing. Looking at the original text of
545.060, there wasn't any prohibition against lane sharing in the
first place.

Here's the relevant text of he current version of 545.060:

§ 545.060. DRIVING ON ROADWAY LANED FOR
TRAFFIC. (a) An operator on a roadway divided into two or more
clearly marked lanes for traffic:
(1) shall drive as nearly as practical entirely
within a single lane; and
(2) may not move from the lane unless that movement
can be made safely.



The law as currently written only says that you must stay entirely
within a single lane. No problem for motorcycles, since we can't
occupy more than one lane at once anyway.

 

always trying to avoid assigning vast conspiracies where simple self
interest can explain things, i'm of the opinion that many cops are smart
and not motivated by evil intentions. more often it's simple human
nature that creates the desire to make accomplishing job duties easily
and with the least hassle that lead to most cops embracing oppression.

it's much easier to accomplish the task of "catching crooks" if you
don't have to bother with the repercussions of the rights of the
innocent (or even the assumption of innocence). if you can paint all of
society with broad brushes so that cases don't have to be determined on
a case-by-base basis, so that you can treat all people as if they were
criminals and not have to apologize for inconveniences or borderline
abuse, you can cut a quick swatch through the average bystander on your
way to "catching" that elusive "crook".

unfortunately many in today's society have been indoctrinated into
accepting that expedience is preferred over freedom, liberty, and
inaliable rights.

 

The citations that I've been made aware of, were charges for ... reckless
operation of a motor vehicle... unsafe lane changes .. etc. etc. The rider
was stopped because the officer had observed him "white lining" during
impacted freeway conditions..

Interestingly..the practice is discouraged in Texas..encouraged in
California.. by law enforcement.. Although I've never been stopped when I
have done this, I've seen bikers who followed me through freeway parking
lots, be stopped after we cleared the area..

I haven't read the Bill that is submitted to the legislature.. It was
submitted recently and I just heard of it.. I'm advised that ABATE and TMRA
2 haven't taken a position of the Bill and are advising the membership to
use their best judgements.. I would expect that the Bill will be discussed
at the upcoming meeting for the TMRA 2 Tarrant Chapter meeting this next
week.. I would also expect that discussion will be carried over to the March
21st meeting with the legislators in Austin..

The letter posted by Alan LaRue is a very good example of contacting your
legislators to voice your own view and opinion of this Bill.. Thanks Alan
and thanks to you Stephen for offering your thoughts on this issue..

Your Friend in Irving
Bill Walker

 

Precisely why it's still un-illeagel(ugh!) in California...

'course all you gotta do is cross the line one time sans signal and they've
got sufficient cause to pull you over and shake you down...

 

Virgina considers it "reckless driving"... I was going <10mph when I was
cited...

 

yep... the ole "texas developed shoulder rule".

 

All this is interesting reading. I don't know about virginia, but maybe if
we understand the law better here in Texas we could fight those tickets
instead of just accepting them.

 

Incidents where near accidents are avoided are more or less commonplace on
streets and highways.. Issueing tickets to every driver/rider who avoids one
of these near misses isn't warranted in most cases..

Changing lanes as a normal driving operation isn't unsafe, per se.. Changing
lanes unexpectedly and for no reason is a habit with many drivers.. It
should be discoureaged .. hmmm.. maybe they are just practicing.. huh ? When
lanes are changed by cutting off another driver in the next lane, occurs..
it is unsafe.. again.. should be discouraged..Seems like there is never a
police officer handy, when you need one.. LOL.. Dodging the practicing and
habitual lane changers is one of the hazards that is addressed in most
defensive drivers courses..

Oppose and fight the tickets that are issued for vague traffic violations..
Do you homework and research, then go to court and fight like hell..
Appeal.. if necessary..

And then how

Now .. there is the rub.. but it isn't insurmountable.. Educating the public
is difficult.. The publicity in all forms of media is necessary to touch all
segments of the public.. Organizations like ABATE and TMRA 2 are effective
by having visible presence in courtrooms and the Capitol of Texas.. Public
Access television programs by the leadership of these groups have begun to
impact the television viewing public.. Public visibility is an asset when it
is utilized to attract attention to issues which affect all of us..

Bill Walker
Irving, Tx.

 

The reckless driving law in Virginia is written so vaguely that you
could be written a R/D ticket for driving with a stuffed up nose...

§ 46.2-852. Reckless driving; general rule.
Irrespective of the maximum speeds permitted by law, any person who
drives a vehicle on any highway recklessly or at a speed or in a manner
so as to endanger the life, limb, or property of any person shall be
guilty of reckless driving.