You’re sitting in traffic, it’s hot and you are slowly making your way towards the head of the line, when suddenly some guy on a motorcycle passes you and is now at the front of the line. That’s just not right!
The California Vehicle Code (CVC) does not have a section that states ‘it is unlawful to split traffic.’ What the vehicle code does state, is that a vehicle can pass another vehicle when the pavement is of sufficient width for two or more lines of moving vehicles in the direction of travel. Generally this would allow a passenger vehicle and a motorcycle to occupy the same lane. The problem generally arises when the motorcycle operator passes the slow or stopped vehicles at a speed that is deemed unsafe.
Determining what speed is unsafe is at the discretion of the officer (there is no magic number of miles per hour). If for example, traffic has slowed or stopped and the motorcycle operator is splitting traffic at a reduced speed and is using caution while passing traffic, there likely is not a violation. At no time can any vehicle pass another vehicle on the right by driving off the paved or main-traveled portion of the roadway.
The aforementioned situations generally occur when you are stuck in commute traffic or waiting at an intersection or construction zone. Traffic is stopped and a motorcyclist passes you and continues down the road. More times than not, you check your rear view mirror, see the motorcycle approaching from the rear and you want to open your door or stick a broom stick in his spokes. Both of these ideas, by the way are unlawful. So the guy is now ahead of you…big deal!
We move into a whole different set of dynamics when we are talking about traffic moving at or a little above the posted speed limit (that, ‘a little above the speed limit’ is a separate topic) and a motorcyclist is speeding in and out of traffic. The fact that the motorcycle is passing traffic would indicate it is exceeding the posted speed limit. The unsafe turning movements, lane changes, not signaling and following too closely, are all separate and specific violations. Any combination of these violations could be viewed by an officer as reckless driving. The speeding, following too closely, unsafe turning violations are each infractions. Reckless driving is a misdemeanor. The officer has the discretion to issue a citation or make a physical arrest.
We have all seen two motorcyclists riding down the highway side by side. Based on everything I just mentioned, there is no violation. Motorcycles, by their specific design are unique to different situations and traffic. As passenger vehicle operators we need to be aware of their presence around us and remain cognizant that a motorcycle can easily be in your blind spot while you are traveling down the highway. So next time you see one of them pass you by, sit back , relax and remember, you have a heater or air conditioner.
Monty Hight is a retired California Highway Patrol officer and Public Information Officer. He is the Northstate AVOID Campaign’s Public Information Officer. He lives in Redding. More information on AVOID can be found here.
