Amended in Senate June 1, 2016

Amended in Assembly May 22, 2015

Amended in Assembly February 11, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 51

Introduced by Assembly Members Quirk and Lackey

(Coauthor: Assembly Member Chu)

December 1, 2014

An act to add Section 21658.1 to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 51, as amended, Quirk. Vehicles: motorcycles: lane splitting.

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(1) Existing

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begin insert Existing end insert law requires, whenever a roadway has been divided into 2 or more clearly marked lanes for traffic in one direction, that a vehicle be driven as nearly as practical entirely within a single lane and not be moved from the lane until the movement can be made with reasonable safety. begin delete A violation of the Vehicle Code is a crime. end delete

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This bill would authorize a motorcycle that has 2 wheels in contact with the ground to be driven between rows of stopped or moving vehicles in the same lane if the motorcycle is not driven at a speed of more than 50 miles per hour and is driven no more than 15 miles per hour faster than the speed of traffic. The bill would provide that these provisions do not authorize a motorcycle to be driven in contravention of other laws relating to the safe operation of a vehicle. By creating a new crime, this bill would impose a state-mandated local program.

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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This bill would define “lane splitting” as driving a motorcycle, that has 2 wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane, as specified. The bill would authorize the Department of the California Highway Patrol to develop educational guidelines relating to lane splitting in a manner that would ensure the safety of the motorcyclist, drivers, and passengers, as specified. The bill would require the department, in developing these guidelines, to consult with specified agencies and organizations with an interest in road safety and motorcyclist behavior.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 21658.1 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

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begin insert 21658.1. end insert   

(a) For the purposes of this section, “lane splitting”
means driving a motorcycle, as defined in Section 400, that has
two wheels in contact with the ground, between rows of stopped
or moving vehicles in the same lane, including on both divided
and undivided streets, roads, or highways.

(b) The Department of the California Highway Patrol may
develop educational guidelines relating to lane splitting in a
manner that would ensure the safety of the motorcyclist and the
drivers and passengers of the surrounding vehicles.

(c) In developing guidelines pursuant to this section, the
department shall consult with agencies and organizations with an
interest in road safety and motorcyclist behavior, including, but
not limited to, all of the following:

(1) The Department of Motor Vehicles.

(2) The Department of Transportation.

(3) The Office of Traffic Safety.

(4) A motorcycle organization focused on motorcyclist safety.

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SECTION 1.  

Section 21658.1 is added to the Vehicle Code,
to read:

21658.1.  

(a) A motorcycle, as defined in Section 400, that has
two wheels in contact with the ground may be driven between
rows of stopped or moving vehicles in the same lane, including
both divided and undivided streets, roads, or highways, if both of
the following conditions are present:

(1) The motorcycle is not driven at a speed of more than 50
miles per hour.

(2) The motorcycle is not driven more than 15 miles per hour
faster than the speed of traffic moving in the same direction.

(b) This section does not authorize a motorcycle to be driven
in contravention of other laws relating to the safe operation of a
vehicle.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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