Introduction To Lane Filtering

Motorcyclists often adopt the practice of riding their motorcycles while, at the same time, monitoring the position and movement of all the other vehicles on the road. When riding in heavy or slowly moving traffic, many motorcycle riders will at times desire to filter between the vehicles to avoid keeping their feet on the pavement and/or they may wish to generally advance their position further in front of the vehicles ahead of them. The practice of filtering involves an advanced form of lane splitting. Lane splitting is a practice that some motorcyclists will elect to engage in while they are traveling in traffic to give them additional acceleration room to help them merge and change lanes more safely. Simply put, lane filtering is defined as "riding a motorcycle legally between lines of stopped or slow moving cars when traveling in congested traffic." Lane filtering allows motorcyclists to move their motorcycles in between lanes of stopped vehicles or slow-moving traffic in order to get to the front of the group of vehicles in about the same manner as a motorist driving a standard passenger car or pickup truck might do to reach an exit sign . Riders may do this, for example, if there is significant traffic ahead that is not advancing easily (or at risk of being rear-ended) and they have a motorcycle with a headwind that makes it less responsive to speed adjustments and/or personal comfort issues. In metropolitan areas, motorcyclists may also elect to engage in lane filtering when they are using rush hour express lanes that require a toll and, where they are legally allowed to do so, to enter the express lanes ahead of other drivers. The practice of lane filtering combined with the closely related practice of lane splitting offer several overall benefits to the public as well as motor vehicle operators, including motorcyclists. One such benefit includes reducing the total travel time for a motorcyclist on a congested highway; this, in turn, reduces the risk of their rear tire spinning and causing them to lose their balance and fall off their motorcycle, resulting in a serious injury. While motorcyclists may be able to safely filter between the lanes of a stopped or partly stopped vehicle in traffic, there are certain motorcyclists who refuse to do so altogether because they do not feel comfortable doing so, their motorcycle may not be powerful enough to filter into a position ahead of the stopped vehicles in front of them, and/or they may simply prefer to follow behind the other vehicles ahead of them and slow down.

Overview of Lane Filtering Laws in Alabama

In their current form, Alabama laws both prohibit negligent driving maneuvers as well as motorcycle lane splitting. Below we’ve outlined the relevant sections of law pertaining to lane splitting, as well as motorcycle lane splitting laws in the state of Alabama:
Section 32-5A-190 – Following too closely
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such other traffic and the conditions of the highway.
(b) Except when overtaking and passing another vehicle, no motorcycle shall be driven between lanes of traffic or within intersections, except as provided in Section 32-5A-105.
Section 32-5A-105 – Operation of motorcycles
Whenever any highway has been divided into two (2) or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply:

(2) Two (2) or more vehicles, including motorcycles, shall not be driven abreast in the same lane except in the case of trucks and trailers or semi-trailer combinations and except as provided in Section 32-5A-190 above.
(3) Motorcycles shall be driven only in the lane nearest the right-hand curb except while overtaking and passing another vehicle.

Section 32-5A-213 – Additional rules for motorcycles
The provisions of Sections 32-5A-52, 32-5A-53, 32-5A-54, 32-5A-55, 32-5A-56, 32-5A-57, 32-5A-58, 32-5A-59, 32-5A-60, 32-5A-61, 32-5A-101, 32-5A-102, 32-5A-103, 32-5A-104, 32-5A-105, 32-5A-106, 32-5A-107, 32-5A-108 and 32-5A-109 apply to motorcycles as fully as though such sections were herein set out in full.

Comparing Lane Filtering with Other State Laws

The laws that apply to lane filtering in Alabama are somewhat unique in the United States. While several states explicitly allow the practice, they do so under highly-specific rules that differ from the requirements in Alabama. In Arizona, for example, motorcycles can legally filter through lanes, but only when they are traveling 15 miles per hour or less. This exception does not apply in Alabama. California has the most extensive lane-filtering laws in the nation. Known as AB …, SB 415 allows cyclists to filter through traffic at any speed, as long as they remain within 30 miles of the edge of the roadway. Like Alabama, California also requires motorcyclists to ensure that the lane filtering does not impede other traffic, and places a second requirement on cyclists to stay at least 5 miles away from stopped school buses. Under such conditions, however, lane filtering is perfectly legal in the state. In Florida, however, lane-filtering laws are even stricter than those in Alabama. In this state, lane filtering is prohibited in any form, and Florida residents ride their bikes somewhere else. Connecticut also prohibits lane filtering, while Wisconsin officials have issued an informational publication on the practice but declined to issue citations to motorcyclists caught filtering through traffic. Bicycle-trained members of the Wisconsin legislature have also introduced legislation to make the practice fully legal in the state.

The Benefits and Risks of Lane Filtering

The pros and cons of lane filtering are best understood as a cost-benefit analysis. In other words, is it worth the risk and trouble to allow motorcyclists to filter in AL? Is it better for everyone for me to filter in traffic waiting to get on I-65 or I-10 on a motorcycle? On the one hand, filtering would cut down on the "stop and go" and allow traffic to continue to flow at a constant speed. On the downside, having motorcycles constantly splitting lanes at slow speeds may cause a hazard where two motorcycles try to pass one another in a narrow lane or another vehicle does not see the motorcycle. Ultimately, this balancing act is why lane filtering laws differ in all of the US and we continue to see debates in other countries.

How Lane Filtering Affects Road Safety

One concern about allowing lane filtering is whether it will lead to an increase in motorcycle accidents and deaths among bikers. Lane splitting clearly puts motorcycles in closer proximity to other cars, motorcycles, pylons, and barriers. The risk of a crash may increase if a biker, upon entering a lane with stopped or slow-moving cars, is unexpectedly sideswiped. One study from a few years ago showed that lane splitting with a certain defined range of speeds was safe.
While there is not much data to go on because lane splitting is not yet legal in Alabama, the data from other regions where lane splitting is legal is promising when it comes to biker safety in areas where lane splitting is practiced. For example, California A 2016 study by the University of California , Berkeley found there was no significant increase in motorcycle accidents since banning lane splitting: In fact, there was actually a slight decrease in motorcycle accidents after the law passed. A major proponent of banning lane splitting in Alabama, Marcus arguing that lane splitting almost doubled the "initial risk of rider involved fatal and injury producing crashes."
Given that lane splitting reduces the amount of time riders are in high-speed traffic, many studies have shown that riders who lane split have a greater chance of surviving fatal motorcycle accidents. If lane splitting results in fewer accidents or injuries, this will be a huge boon to bikers given the fact that motorcycle accidents ended in deaths of over 5,000 bikers and injuries to over 81,000 in 2019 alone, according to the National Highway Traffic Safety Administration.

Lane Filtering and Public Perception

Surveys show that a significant portion of the population supports lane filtering ("white lining", "split lane riding", "riding in the gap", or "passing on the twin line") so that motorists are kept aware of the fact that motorcyclists are larger than they look and more vulnerable to being severely injured by taking head on impacts with other vehicles. Many towns and cities in Alabama have passed laws signed by the Governor to allow motorcyclists to split lanes if there is not sufficient parking but only some of these allow lane splitting at traffic lights and most ban it completely.
The Motorcycle Discussion Forum quotes several Atlanta motorcyclists and news sources which show that most riders are in favor of lane filtering, provided it is sufficiently regulated. Riders want the right to split lanes in urban traffic, and are willing to yield the right-of-way to all other drivers. They also do not have strong opinions on whether sharing the lane with other motorcyclists should be illegal. Motorcyclists of various types prefer lane splitting, i.e., "white lining", "split lane riding", "riding in the gap", or "passing on the twin line" to other "solutions", as well as to filtering, unless the filtering is described in terms of "legal motorcycle parking". A survey by Road Racer X, conducted as a poll at AMA Racing.com, found that most riders favor allowing motorcyclists to split lanes either all the time or in certain circumstances. On this survey, 56.5% of participants supported allowing the practice in urban areas "at all times". An additional 23.8% of respondents said they’d approve of the practice only during congested traffic. A majority of all respondents (61.7%) preferred lane splitting as the legal alternative to motor Westlaw citations reprint.pngg-pedistrian collisions. (an insignificant minority, 2.16 percent, suggest that "making all lane-splitting mandatory" would encourage greater separation between cars and motorcycles). Several groups support lane filtering, including the American Motorcycle Association, the National Transportation Safety Board, the National Highway Traffic Safety Administration, ABATE, and the AMA. A number of publications have published articles in favor of the legal rights of motorcyclists. ABATE publishes a bi-monthly newsletter for Alabamians promoting the rights of motorcyclists.

Summary and Looking Ahead

In this article, we discussed the current legal framework regarding lane splitting and filtering in Alabama, including the relevant code sections, how they have been interpreted, and how they have been applied. We also looked at cases where the interpretation of the law or its application was challenged in court. There are also pending cases in lower courts that may soon be considered by the Alabama Supreme Court. Additionally , it is clear that the legislature of Alabama has thought about this issue recently and these ideas could be revisited in the 2015 session.
It is worth noting that the issue of lane filtering differs from the issue of lane splitting. Lane splitting is riding a motorcycle in between lanes without touching another vehicle. Lane filtering (also sometimes called "white lining") is riding up to the front of a waiting line of vehicles at a stop light. This distinction is important because while most people categorically disapprove of lane splitting, there are more mixed opinions on lane filtering. Some people even publicly campaign to make lane filtering legal. And both the number of motorcyclists on the road and the number of dangerous encounters with car drivers are on the rise in Alabama. It seems more likely than not that lane filtering will be legalized in the not-so-distant future, either through legislative action or threat of lawsuit.