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Wednesday, March 23, 2005

Splitting Lanes -- Do You Feel Lucky?

Q. I'm a member of . . . a nationwide association of motorcycling entheusists [sic]. In recent weeks the topic of splitting lanes has come up. This is the practice of driving between two lanes of slow moving or stopped traffic on a highway. Our California membership claims that it is not illegal in their state and typically done by CHP officers. Members in FL, IL, AZ, NM, LA & OH also claim they haven't been cited for doing so, after many years of riding. Obviously, the tri-state membership is wondering if this practice is forbidden in our area. I've searched through the NJ Statutes and frankly can't find a definative [sic] answer. Please help.

Thank you.



A.
Well, as your question suggests, each state makes its own laws regarding things like traffic offenses. What may be legal in one state can be illegal in another state. Speed limits are but one example. I know that I can drive from New Jersey to North Carolina and face at least 4 different speed limits.

The beauty of traffic laws is that they don't necessarily have to specifically define an offense to make it illegal. If your action violates some provision of an existing law, the statutes don't have to outlaw "splitting lanes" as well.

I'm 95% sure that there is no statute in New Jersey that uses the phrase "splitting lanes" to prohibit the conduct you're describing. However, I know that New Jersey (and many other states) do make it an offense if you "fail to maintain your lane." I betcha a police officer would also write you up for careless operation, and, if the officer was in a really foul mood, maybe even failure to obey a traffic control device (such as the lane markers).

There's another aspect of the practice of "splitting lanes" that you should consider as well. That's good ole common sense. I mean, don't you think it's inherently dangerous to drive between two lanes of traffic on the highway? Hello -- haven't you ever seen people switch lanes on a dime while sitting in traffic? Wouldn't that render you and your motorcycle so much scrap metal and burned flesh? Plus, in this era of "road rage," aren't you just asking for trouble? Can't you see some hot head watching you jump the line and, in a fit of anger, give you a little love tap at the next light?

Seriously, if you need to get there so quickly, maybe you should leave five minutes earlier.

Good luck, and let's be careful out there.

David Kendall

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