Texas Transportation Code 545.0605 prohibits lane splitting and lane filtering by motorcycle riders unless the rider is a police officer. Specifically, Texas Transportation Code 545.0605 (a)(3)(b&c) states that a motorcycle rider may not “operate the motorcycle between lanes of traffic moving in the same direction…or pass a motor vehicle while in the same lane as the vehicle being passed.” Section (b) creates an exception for police officers in the performance of their duties. See Texas Transportation Code 545.0605. This statute was enacted in 2023 to clarify Texas law.
Lane splitting and lane filtering are terms that are often used interchangeably. However, as the statute recognizes by providing two distinct sum sections addressing each independently, they are two separate motorcycle maneuvers.
What is Lane Splitting?
Lane splitting occurs when a motorcycle operator rides his bike between two lanes of traffic when the lanes are occupied by passenger vehicles (or larger) but are moving at the normal flow of traffic. The motorcycle splits the two lanes to get past the vehicles that are blocking it. This is done purely to get ahead of slower-moving traffic.
What is Lane Filtering?
Lane filtering occurs when a motorcycle operator maneuvers her motorcycle between two lanes occupied by passenger vehicles (or larger) when the vehicles are either sitting still at a stop light, in traffic, or moving at a very slow pace. The purpose of this is to avoid sitting at the end of a line of cars where you are an easy target to get rear-ended by a car when the driver is texting, talking on the phone, or otherwise distracted while driving the vehicle.
Were Lane Splitting and Lane Filtering Legal Before the 2023 Law?
No. Prior to the 2023 law, the law required all motor vehicles to maintain a single lane of traffic and not to move into another lane occupied by another vehicle. Failure to maintain a single lane was and still is prohibited in Texas. Motorcycles are defined under Texas law as motor vehicles and are, therefore, required to meet all laws just as a car would. The 2023 statute was enacted to clarify the law since the failure to maintain a single-lane law did not specifically mention motorcycles, lane splitting, or lane filtering.
Why Are Lane Splitting and Lane Filtering Illegal?
Despite there being several arguments for and against lane splitting and lane filtering, they are illegal for the simple reason that the law requires all drivers, including motorcycle riders, to maintain a single lane. The new law simply makes this clear in light of the national confusion with lane filtering laws and how to treat it.
What is the Penalty if You are Caught Lane Splitting or Lane Filtering?
The penalty for violating the law is up to 30 days in jail and up to a $200.00 fine if the rider is charged with reckless driving for the violation. Repeated traffic offenses may result in greater penalties and/or loss of one’s motorcycle license.
Accidents Caused by Lane Splitting
If you are involved in an accident that is caused by a motorcycle operator lane splitting, please feel free to call our Houston motorcycle accident attorneys at Simmons and Fletcher, P.C., to discuss your options. We offer free consultations to injured persons whose injuries arise from the negligent operation of a motor vehicle.