Is Lane Splitting Legal in New York?

Answer: No.

If you were injured in a motorcycle accident while lane splitting, can you get money for your injuries? Yes. Call us immediately for a free, no-obligation consultation.

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Two Laws in the New York State Vehicle and Traffic Law (VTL) Make Lane Splitting Illegal

One law prohibits a motorcyclist from passing another vehicle in the same lane. The other law prohibits riding a motorcycle between lanes or vehicles.

  • NYS VTL § 1252 (b) states, “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.”
  • NYS VTL § 1252 (c) states, “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”

One State Where Lane Splitting Is Legal

California has gone through stages of lane splitting legality. Prior to 2013, it wasn’t specifically prohibited but a motorcyclist could have been ticketed for another violation such as improper passing, changing lane unsafely, or reckless driving which are violations in NY. In 2013, the California Highway Patrol issued guidelines for allowable lane splitting, for which they would not issue a summons. On January 1, 2017, a law went into effect making lane splitting, with some limitations, legal.

States Where Lane Splitting Is Not Illegal

According to the Motorcycle Legal Foundation, there is no law in the following 12 states which prohibit lane splitting: Montana, New Mexico, Texas, Oklahoma, Missouri, Arkansas, Mississippi, Kentucky, Ohio, West Virginia, North Carolina, Delaware, and DC.

Lane Splitting in Other Countries

Lane splitting is legal in Europe and Asia.

Arguments in Favor of Lane Splitting

— Less time in traffic for car drivers & reduced carbon emissions: Wired.com reported that a 2012 study by Belgian research firm Transport & Mobility Leuven found replacing 10% of cars with motorcycles would cut time stuck in traffic by 63% for all drivers including cars and cut carbon emissions by 6%, due to smoother traffic flow.

— Safety: Motorcycle safety consultant Steve Guderian wrote in an August 2011 study, “Seemingly counter-intuitive, traffic filtering is actually a viable safety technique that removes the motorcycle and rider from the danger spot behind a stopped car, and places the motorcycle into the more secure safety envelope that is created between two larger vehicles.”

— Prevents motorcycle engine overheating.

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Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different

Partner Rob Plevy, Esq.

Motorcycle Injury Attorney Rob Plevy, Esq.

Partner Rob Plevy, Esq.

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