CA Finally Admits 'Lane-Splitting' Is NOT Legal

[ted]

Everyone is right, everyone is wrong, time to move on.

This

 

[Bud]

Nor does one need to be a CA licensed attorney to fire up Google and in less than a few minutes discover that California is the only State not to specifically prohibit lane-splitting, and further find that the California Highway Patrol, on its own website, says it is perfectly legal when done safely.

As any licensed lawyer will tell you, a statute, by itself, doesn't mean much.

I have a son-in-law and a daughter-in-law, both lawyers. Not sure if that's a good or bad thing.

However, I worked for an agency of the State of Illinois for many, many years and was involved in creation and revision of state statutes.

I can assure you from my experience that the statue is the basis for all that comes after. Words in statutes are there for a reason, otherwise they wouldn't be there. Of course the courts and other bodies interpret the meaning of those words and many times, the court goes back to the documents surrounding the creation of the statue.

A recent example is the case in Illinois where the state attempted to use "police powers" to change the retirement benefits of retired state workers. It took a thirty eight page opinion to explain why those "police powers" were not applicable to that issue.

I would suggest that the language in paragraph 1, regarding the usage of lanes, is not there by accident. Nor is this sentence: A violation of the Vehicle Code is a crime.

And when discussing this topic, we would be remiss to not acknowledge that the CHP and the DMV removed the "Lane Splitting Tips" from their safety guidelines. I'm sure you folks in CA can give us insight as to why that happened. Politics??? Dunno

I'm not sure why this thread has struck such a nerve. I've been surprised at the vitriolic comments made by others towards Kevin. I would have considered them personal attacks under the forum guidelines.

With the very limited number of riders, out of all the other riders in the 49 other states, who will read this thread, it's really not likely that anyone from out of state will not lane split because of this thread.

And the CA folks already do so.

I've been wrong before and will be wrong again. That applies to all of the others who have posted in this thread.

I will leave it to others to have the last work.

 

[36654]

I have two children-in-law in my family. Not sure if that's a good or bad thing.

However, I worked for an agency of the State of Illinois for many, many years and was involved in creation and revision of state statutes..............

Bud,

I have to tell you, I read your message several times trying to figure out why you started with a statement about your kid's spouses.......


Eventually, I figured out that you've got two lawyers in the family...........

 

[mneblett]

I can assure you from my experience that the statue is the basis for all that comes after. Words in statutes are there for a reason, otherwise they wouldn't be there. Of course the courts and other bodies interpret the meaning of those words and many times, the court goes back to the documents surrounding the creation of the statue.

The latter part of this is what Ted (an attorney) was referring to -- yes, the statute is the starting point, but its real effect is in its subsequent interpretation and enforcement. I've yet to see a statute -- no matter how "clear" -- that couldn't be interpreted and/or enforced in a manner that the drafter never envisioned.

 

[akbeemer]

Bud,

I have to tell you, I read your message several times trying to figure out why you started with a statement about your kid's spouses.......


Eventually, I figured out that you've got two lawyers in the family...........

I thought he was saying they were in prison.

 

[story]

 

[greenwald]

Hey Bud -

Thanks for the kind words and the objective contributions to an analysis. Two lawyers in the family, eh? That must make for an interesting Thanksgiving dinner?!!

As for what you referred to....

I'm not sure why this thread has struck such a nerve. I've been surprised at the vitriolic comments made by others towards Kevin. I would have considered them personal attacks under the forum guidelines.

You were not the first to point out to me the need to report such conduct. Unfortunately, to whom do I report such behavior to when one of the moderators himself was taking pot shots?!

I did submit a report on Friday (5/29). Predictably, it was shot down in flames and the moderator exonerated - all within but hours of having sent it in.

Don't go there - age old cliche of "Who's guarding the guards?!" I will no longer make complaints to Moderators. Anyone may say anything they want about me - the sun still comes up tomorrow. All's well.

Like you, not opposed to the practice of lane splitting if it can be crafted objectively. If CA wants it legal, well ........... they're half way there already (passed in the Assembly - now headed for the State Senate).

I wish them well.

 

[36654]

I thought he was saying they were in prison.

Better than being in the Institution.......

 

[mika]

UC Berkeley Publish Full Report on Lane Splitting Safetyhttp://therideadvice.com/uc-berkeley-publish-full-report-on-lane-splitting-safety/
You may remember late last year that the University of California Berkeley (in conjunction with the California Highway Patrol) released their initial findings on a study focusing on the motorcycle lane splitting in California – the first study ever to look at the practice properly. Those initial findings supported what most motorcyclists knew all along – that lane splitting is a safer practice tha
4 TheRideAdvice.com / by EBF /

Full Report pdf

California Close to Formalizing Legal Lane-Splitting, And What It Means for the Rest of the United Stateshttp://www.asphaltandrubber.com/oped/california-lane-splitting-law-opinion/
Out of the 50 states in The Union, only California allows lane-splitting on public roads and highways. California’s position on lane-splitting has always been a bit nebulous though, falling only under the “safe and prudent” provision of the California Vehicle Code. Several attempts to demystify California’s policy on lane-splitting have come and gone, including the very public kerfuffle with the C
12 Asphalt & Rubber » Asphalt & Rubber / by Jensen Beeler /

Oregon Kills Lane-Splitting Law in House Committeehttp://www.asphaltandrubber.com/news/oregon-kills-lane-splitting-law-house-committee/
It’s bad news for Oregonian motorcyclists who were hoping to join the 21st century with the lane-filtering privileges that most of the world enjoys, as the Oregon House of Representatives has killed bill SB 694, in committee.The bill, which had passed through the Senate Judiciary committee with an unanimous vote and the Oregon Senate with a two-thirds majority, was denied access to a general vote,
9 Asphalt & Rubber » Asphalt & Rubber / by Jensen Beeler /

 

[88bmwjeff]

It would appear, that the text quoted from this document http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_0051-0100/ab_51_bill_20141201_introduced.html clearly states that under the current CA law lane splitting is a crime, otherwise this sentence, "A violation of the Vehicle Code is a crime.", makes no contextual sense.

There's one aspect missing from this discussion and that's what the court system has affirmed. To the best of my knowledge, judges have affirmed in court actions that lane splitting is permissible. That provides a legal precedence, which by definition, to the best of my limited knowledge, makes it legal. Granted there may not be a statute on the books permitting this action, but I believe the legal precedence does make it legal. Just as when the Supreme Court makes a decision, it becomes law of the land without a statute being passed.

 

[greenwald]

Bud -

Given your civility, thought I'd toss a few legal frisbees in your direction:

However, I worked for an agency of the State of Illinois for many, many years and was involved in creation and revision of state statutes.

I can assure you from my experience that the statue is the basis for all that comes after. Words in statutes are there for a reason, otherwise they wouldn't be there. Of course the courts and other bodies interpret the meaning of those words and many times, the court goes back to the documents surrounding the creation of the statue. - Bud

Spot on sir!

Note:

Statutes are the primary source of law, and the power to enact statutes is reserved to elected lawmakers. The opinions of multiple courts, taken together, comprise the Common Law. When there is no statute specifically addressing a legal dispute, courts look to prior cases for guidance and can establish ‘judicial precedence.’*

*West's Encyclopedia of American Law, edition 2. Copyright 2008

'Case Law' only lives and breathes when legislative statutes do not exist. Once enacted, as is Section 21658 of the California Vehicle Code, it should not be ignored in favor of 'popular or common practices.' Unfortunately, a liberal or indifferent judiciary will thrive where voters don't care or don't understand the law, and the ACLU has bigger fish to fry somewhere else.

Run this past those two 'legal eagles' in your family sometime - should provide some interesting commentary.

 

[36654]

'Case Law' only lives and breathes when legislative statutes do not exist

Legislatures.............the best people money can buy. Paraphrasing Will Rogers.........

 

[greenwald]

Legislatures.............the best people money can buy. Paraphrasing Will Rogers.........

I never argue with Will Rogers!

 

[mikegalbicka]

From Wired online

Yes, We Should Let Motorcycles Ride Between Cars

http://www.wired.com/2015/06/yes-california-let-motorcycles-ride-cars/

 

[greenwald]

Yes, We Should Let Motorcycles Ride Between Cars

http://www.wired.com/2015/06/yes-california-let-motorcycles-ride-cars/

While I never argue with Will Rogers, I'm always wary of AMA propaganda, as if their opinion is "the law of the land."

In fact, there is a section of the CA Vehicle Code that is applicable to lane splitting - it's simply not enforced, nor bears the words "lane splitting."

Not unlike the Disorderly Conduct arrest you face for shouting FIRE! in a crowded theater - no law on the books with the words "shouting fire," but quite illegal nevertheless.

I applaud Assemblyman Quirk trying to address the fog of CA laws to properly regulate this common practice, so the CHP can stop wasting ink printing and then ultimately retracting brochures on the subject, and leave legislation to the legislators.

I hope it passes, and serves as a model for other states to emulate if their congestion warrants.

 

[csargent]

My buddy, retired 20 year CHP motor officer and a fellow MSF instructor said he rolled on many an accident where motorcycles were rear ended, but never rolled on one from lane splitting. He is 100% convinced and passionate about how much safer lane splitting is than not lane splitting when done in a safe and prudent manner.

+1 Amen.... lane splitting makes cage drivers aware of motorcycles

I did two mc trips in CA and noticed cage drivers respected motorcycles !!!