Julie from Wheat Ridge writes, “What’s driving you crazy? I'm confused on one requirement of the new lane filtering law. Most articles state motorcycles must pass stopped cars "in the same lane" and not go into oncoming traffic. The video out on your website shows a motorcycle passing stopped traffic but weaving across the white lines between two lanes of traffic and not staying "in the same lane". If there is not enough room for the motorcycle to pass cars "in the same lane" - are they then allowed to cross the white lines and weave between/across lanes? I can see cars "hugging" the far-left side of a lane to stop a motorcycle from passing them. Thanks for any insight you can give me on this matter. ps..... I love your "what's driving you crazy" feature articles - keep them coming!”
Before we get into your specific question Julie, let me explain a few things. First, that video you referenced on our website was part of a digital team lane filtering story. The video they used is from the Utah State Patrol showing how their lane filtering law works.
As you said, Colorado law states, “stay in the same lane.” The video from Utah used in the digital story shows a motorcyclist on, or at least nearly on top of, the lane lines separating the two travel lanes. It can easily be argued that the rider was not staying in the same lane. I can also see the argument saying the rider in that video did stay in one lane most of the time, maybe by a few inches, getting close to but not crossing over and into the other lane. How law enforcement looks at these lane filtering situations in real time will be up to the individual interpretation of the law and if that officer feels the need to stop the rider.
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If you look at the entirety of the Utah video, you will see that the motorcyclist rides over the lane line numerous times and drifts sightly between the two lanes. If we are looking at the exact wording of Colorado law, that action is not allowed. Another important requirement in the Colorado law is that the lane the motorcyclist uses to pass stopped vehicles must be wide enough to fit both the vehicles and the motorcycle while passing. In that video, there was definitely not enough space for the motorcycle to pass in the same lane.
Those are two important points that Col. Matthew Packard, chief of the Colorado State Patrol said are pretty simple.
“If the lane cannot accommodate both vehicles, the motorcyclist should not pass. While there may be times a rider would like to pass, the conditions may not allow it to be done legally,” Col. Packard said.
The law also adds that conditions allow for prudent operation of the motorcycle, while overtaking or passing. The motorcyclist will have to make that determination on the fly, especially since there are so many different sizes of motorcycles and widths of streets.
Since the lane filtering law in Utah is a bit different than the one here in Colorado, here is exactly what the new Colorado motorcycle lane filtering law is and isn't.
Lane filtering is defined as the act of a rider passing a vehicle in the same lane but, and this is important, only when that vehicle and any traffic in adjacent lanes are at a complete stop. What most people think of when they see motorcyclists pass vehicles is actually lane splitting. The Colorado State Patrol defines lane splitting as the act of operating a motorcycle between two rows of moving traffic or stopped traffic traveling in the same direction. You see it a lot in California and more often on our highways. Remember filtering happens when traffic is stopped. The CSP hasa very informative web page showing and explaining all of the differences between the two.
Looking more closely at the Colorado lane filtering law, it says:
The act authorizes the driver of a 2-wheeled motorcycle to overtake or pass another motor vehicle in the same lane if:
- The traffic is stopped
- The road has lanes wide enough to pass safely
- The motorcycle is moving at 15 mph or less
- Conditions permit prudent operation of the motorcycle while overtaking or passing
A motorcycle driver overtaking or passing under the act must not overtake or pass:
- On the right shoulder
- To the right of a vehicle in the farthest right-hand lane if the highway is not limited access
- In a lane of traffic moving in the opposite direction
Looking specifically at the second requirement of the law — that the road needs to have lanes wide enough to pass safely — will be a challenge on most roads. The motorcyclist will have to make that determination on the fly, especially since there are so many different sizes of motorcycles and widths of streets. The fourth requirement stating that conditions allow for prudent operation of the motorcycle while overtaking or passing is also up to rider determination and law enforcement interpretation.
As for your premonition that there could be, “cars ‘hugging’ the far-left side of a lane to stop a motorcycle from passing them.” That is a real possibility that the motorcycle rider will have to deal with at that time. What if there are multiple riders all trying to do the same thing at the same time in the same lane? How far into another lane will be permitted by law enforcement if they are strictly looking at the letter of the law? What about when the rider(s) gets to the front of the line and when light turns green? Will there be a car driver who feels the need to race the motorcyclist(s) so they don’t “get in front of them?” As we both know, enforcement of this new law will be a challenge for every agency across the state.
The Colorado State Patrol said they have been receiving many questions asking, "who would be at fault if a lane filtering maneuver results in a crash?"
“Based on our law, if vehicles are moving, even slowly or for a short distance, the motorcyclist would be at fault,” Col. Packard said. “Riders are responsible for ensuring that all conditions are met to safely and legally filter.”
And remember, this new filtering law is not permanent. The law has a sunset date effective Sept. 1, 2027. Before the official repeal in three years, the Colorado Department of Transportation needs to analyze all of the safety data collected during the three-year trial period and issue a report to the general assembly. After that, legislators will need to decide whether or not to make the lane filtering law permanent and whether to make changes to the wording of the law to better reflect what is happening on the streets. We will have to wait and see how that plays out.
Denver7 Traffic Expert Jayson Luber says he has been covering Denver-metro traffic since Ben-Hur was driving a chariot. (We believe the actual number is over 25 years.) He's obsessed with letting viewers know what's happening on their drive and the best way to avoid the problems that spring up. Follow him on Facebook, Twitter or Instagram or listen to his award winning Driving You Crazy podcast on any podcast app including iTunes, iHeartRadio, Spotify, Podbean, or YouTube.
