What Is Lane Splitting?
Lane splitting, also known as white lining or stripe riding, refers to the practice of driving a motorcycle or moped between rows of slow-moving or stopped vehicles. Motorcyclists often engage in this behavior when they need to weave through traffic on roads that are moving slowly or at a standstill, such as during rush hour or after a crash has caused a backup. The practice helps motorcyclists avoid being rear-ended if traffic comes to a complete stop.
Lane splitting involves driving a motorcycle in the space between two lanes of traffic. When traffic moves slowly, motorcycles can increase their speed to keep up with the pace of other vehicles and take advantage of the opportunity to slip between lanes.
Motorcyclists prefer to use lanes that have one or more empty spaces between rows of slow-moving or stopped vehicles. They also prefer to drive between lanes where the width allows other vehicles to be able to see them. In addition, motorcyclists generally avoid driving in lanes that have the potential to become severely congested .
The majority of lane-splitting motorcyclists have found themselves in tight situations where they need to split lanes to avoid being rear-ended, such as when they are driving on freeways that have heavy traffic. While some motorcycle enthusiasts regard the practice as risky, many motorcyclists believe that it reduces the likelihood of rear-end and side-swipe accidents when traffic is moving at a low speed.
Some popular reasons for practicing lane splitting include:
Motorcyclists associate lane splitting with the following benefits:
Lane splitting has returned to the forefront of discussions among lawmakers after the California Highway Patrol (CHP) conducted a study about its safety and benefits. Widespread misconceptions about lane splitting as a dangerous activity sparked debates in the late 1980s and early 1990s. In 1992, the CHP issued a manual that was intended to discourage the act. However, subsequent studies led to the conclusion that motorcycles were not statistically likely to become deadly projectiles while splitting lanes.
Delaware’s Laws on Lane Splitting
The current legal position in Delaware with respect to lane splitting is quite a lot simpler than for many other states. Lane splitting is specifically prohibited by Delaware traffic law; there are no special provisions on the statute books, nor has there been any attempt to restrict lane splitting by limiting its applicability to certain circumstances. The state simply doesn’t recognize lane splitting as a legal maneuver. This can be found in Delaware Code Title 21 § 4202, which describes the operation of vehicles on roadways laned for traffic, and violation of the statute is subject to a fine.
The perspective of the state’s traffic laws is echoed by the DMV, which bluntly states that "lane splitting is illegal in Delaware."
Several bills have been introduced over the years, most recently two in April of 2011 which would have more firmly enshrined the legality of lane splitting into Delaware traffic law, but none have advanced to the point that they have been voted upon and passed into law. This leaves Delaware as an outlier in a group of states that both permits lane splitting in some form and prohibits it. Such a law might carry some penalty, or might be silent on penalties, like Ohio’s recent change in law, or it might be ambiguous, like Utah’s law.
The subject of lane splitting stands out with particular force because there is so much disparity between states that permit it in some circumstances and states that have dealt with the issue of lane splitting almost as described above.
The most full-throated supporters of lane splitting claim an altruism for their practice, which is essentially unique to motorcyclists. A common argument is that lane splitting improves safety for motorists and motorcyclists alike, resulting in fewer rear-end collisions for motorcyclists and less congestion, as motorcycles are smaller and more maneuverable than passenger vehicles in traffic jams. Accidents due to motorcyclists driving dangerously close to other vehicles as they try to navigate around lines of vehicles while still obeying speed limits (something that can be a serious problem with lane splitting) have decreased substantially in a few states that allow it.
All of these concerns and issues remain theoretical, however, because lane splitting is illegal in Delaware. Unless and until Delaware changes its laws to permit the practice, it is not a legal option for Delaware’s motorcyclists. The laws around lane splitting are simple enough. It’s definitely illegal in Delaware.
Comparisons to Other Laws Around the Country
Many states prohibit lane splitting, including, among others, the District of Columbia, Idaho, Massachusetts, Mississippi, North Dakota, South Dakota, West Virginia, and Wyoming. As noted above, in New Jersey a motorcyclist may pass another vehicle using any part of the roadway, but lane splitting is not specifically authorized. New York has prohibited lane splitting since 1985, although there is some debate as to its criminality under the state’s reckless driving statute. Pennsylvania permits the passage of motor vehicles by motorcycles, but does not authorize them to be between rows of stopped or moving vehicles.
Some states have recently enacted laws allowing lane splitting or have had pending legislation introduced. For example, H.B. 765 was introduced in Texas state legislature in late 2019. Under H.B. 765, lane splitting is legal under three conditions: Maryland has taken a slightly different approach, passing legislation in 2018 that directed the Maryland Motor Vehicle Administration (MVA) to conduct a one-year lane splitting pilot program. The MVA was tasked with studying whether the safe passing distance statute should be amended to allow motorcyclists to travel between lanes of traffic to avoid congestion or to use the lane immediately adjacent to a stalled or slow-moving vehicle for safety reasons.
Lane Splitting Safety
Debate continues in Delaware whether lane splitting is safe or not. Naysayers of lane splitting worry that it will cause more accidents, and possibly fatalities. They argue that there are other alternatives to motorcycle lane splitting, including waiting at red lights and being courteous to the motorcyclist. Supporters of motorcyclist lane splitting, argue that it is safer for motorcyclists because the majority of the time they are on highways or interstates, or in rush hour traffic, where lane splitting would be the best option to avoid riding between lanes of slow moving cars. This would also give the motorcyclist more visibility, and limit the risk of them hitting another vehicle or being rear ended by another vehicle. A variety of opinions emerged from a group of Delaware motorcyclists questioned about their positions on the subject. In contrast, a number of Delaware residents who drive vehicles other than motorcycles expressed skepticism of the idea that lane splitting will make it safer for motorcyclists. But even some of those who support lane splitting in some circumstances have questions about its effects in others. One commenter said they believe lane splitting would be safe "for motorcyclists when traffic is moving slowly" but are concerned "a motorcyclist zig-zagging through faster , more numerous cars would not fare as well." Some motorists expressed concern about the potential for lane splitting to distract drivers and lead to additional accidents. One driver noted that he’s seen motorcyclists "weaving in and out of cars while driving," which distracts other drivers. Another accused motorcyclists of driving "with total disregard of other vehicles." An observation made by one commenter sees the possibility of lane splitting causing the need "for another driver to focus on an erratic behavior of motorcyclist." A third driver suggested that motorcyclists "would dart between cars and increase their chances of getting hit." In lieu of allowing or disallowing motorcyclists to lane split, one driver suggested, "Let them get out of the way if they are too stupid to pay attention." Some folks did acknowledge that motorcyclists are often under more stress because of high-speed traffic. Additionally, one motorcyclist explained that adding the option of lane splitting "encourages motorists to keep a safe distance and be aware of bikes in traffic. It is encouragement for all to use extra caution."
Delaware Public Opinion and Proposal Status
Several public statements have been made by lawmakers and motorcycle enthusiasts suggesting the need for change in Delaware’s lane splitting laws. These have sometimes been accompanied by opinion pieces in various news sources or by opposing information from those interested in preserving the status quo. In January 2016, a letter to the editor from Rep. Joe Miro suggested that current law essentially violates the rights of motorcyclists and should be changed. He cites traffic congestion, the right of motorcyclists to lane split, safety of motorcyclists using existing HOV lanes and the requirements of a new federal transportation bill. Z. Scott Geller, Executive Director of the Delaware Trial Lawyers Association, penned an Opinion letter in response on January 18, 2016. In this opinion, he states that he believes the law as it exists serves to prevent injury to motorcycle operators (by limiting the ability of other drivers to encroach upon their spatial boundaries) and prevents the use of lanes by motorcycles "sneaking between lanes" at higher speeds than allowed in stopped or slower moving traffic, thereby avoiding potential automobile collisions. In Illinois recently there was a bill aimed at addressing lane splitting. That bill has not passed and may or may not be addressed again in the next legislative session. So at least in surrounding states, the topic has generated some discussion but has not reached a tipping point where legislative change was imposed or deemed necessary.
How Delaware Motorcyclists Can Stay Safe
Motorcyclists can still get to where they need to go, issue with lane splitting or not, by obeying specific traffic rules and exercising extra caution. It is always important to be aware of your surroundings when driving. When driving a motorcycle on Delaware streets, pay close attention to passing motorists. You must also be very cautious when passing parked cars. Oncoming motorists, cars merging, and traffic backing out of parking spaces are all potential hazards. Be mindful that other motorists may be in the process of changing lanes when you pass, leaving you vulnerable. If you must weave through traffic , be sure to properly signal your intentions before shifting lanes. Again, be aware of merging vehicles as you cross between lanes. Never enter a lane that has been occupied by a car without confirming it is clear first. You should also always be alert and defensive while operating a motorcycle. Monitor your blind spots in case a car has pulled up next to you without you noticing. Also, always keep a safe distance between yourself and other traffic, as well as any obstacles or lane dividers. When you do operate a motorcycle, remain focused and vigilant, always being prepared to respond to road or traffic conditions accordingly.