AMA Petition Calls For Return Of Lane-Splitting Guidelines To California Government Websites, Offices
The American Motorcyclist Association
initiated a petition drive to convince the California Office of
Administrative Law to allow state agencies to once again
disseminate important information on safely and responsibly
executing the motorcycling technique called lane splitting.
The online petition can be found here:
https://cqrcengage.com/amacycle/app/sign-petition?1&engagementId=55066.
A recent Office of Administrative Law order resulted in the
California Highway Patrol, the Department of Motor Vehicles and
other agencies removing CHP lane-splitting guidelines from their
websites and ridding their offices of pamphlets, fliers and other
documents that contained the safety information.
"Removal of the DMV brochures is a big loss," said Nick Haris, AMA
western states representative and a member of the California
Motorcyclist Safety Program Advisory Committee, which helped write
the guidelines. "The DMV offices and website are the first places
California drivers look for information. And this is vital
information for them to have."
The CHP guidelines remain available from the AMA: Click Here
The CHP also removed references to lane splitting from its online
FAQ, where information had been available long before the agency
released its guidelines early in 2013.
"Lane splitting is still allowed, and motorcyclists are still using
this long-recognized riding technique to relieve traffic congestion
and improve safety," Haris said. "But now, neither riders nor
motorists have a place to turn for authoritative guidelines on the
practice."
The AMA supports the continued use of safe lane splitting in
California and the implementation of lane-splitting laws in other
states, coupled with extensive rider and driver education
programs.
The AMA position statement reads, in part: "Reducing a
motorcyclist's exposure to vehicles that are frequently
accelerating and decelerating on congested roadways can be one way
to reduce front- and rear-end collisions for those most vulnerable
in traffic."
The complete AMA lane splitting position statement is available here.
The guidelines disappeared at the urging of Kenneth Mandler, of
Sacramento, Calif., who petitioned the OAL in the fall of 2013,
claiming that the CHP guidelines were an "underground regulation"
-- a rule that would be enforced, even though it had not been the
subject of the Administrative Procedure Act's prescribed
process.
In response to Mandler's complaint, CHP Commissioner J. A. Farrow
certified to the OAL that his agency would not "issue, use,
enforce, or attempt to enforce the public education information."
The OAL determined that posting the guidelines on the website was
"issuing" them.
Lane splitting, also called lane filtering, is the practice of
riding a motorcycle or scooter between lanes
of stopped or slowly moving traffic. The practice has been
permitted in California for decades and no statute prohibits it. No
other state allows the maneuver. Lane splitting is common in other
countries around the world.
The CHP posted its guidelines with the intention of helping
motorcyclists and motorists understand safe practices and to
discourage unsafe lane splitting.
For its part, the Office of Administrative
Law says it made no determination regarding Mandler's claim that
the guidelines were an underground regulation.
"OAL did not issue a legal opinion as to whether the lane splitting
guidelines constitute a regulation," OAL Director Debra M. Cornez
wrote in an email to the AMA. "Since CHP notified OAL that it would
not issue, use, enforce, or attempt to enforce the guidelines, OAL
was precluded under the law from addressing the merits of Mr.
Mandler's petition. Therefore, OAL never made a determination that
the guidelines constituted a regulation."
Instead, OAL senior counsel Elizabeth Heidig instructed the CHP to
remove the guidelines because Farrow agreed not to "issue"
them.
The AMA petition seeks to demonstrate to the OAL that its narrow
interpretation of Farrow's word choice jeopardizes thousands of
California motorcyclists, automobile and truck drivers and visitors
to the state, because they are being denied access to safety
guidelines that affect their roadway environment.
About the American Motorcyclist Association
Founded in 1924, the AMA is a not-for-profit member-based association whose mission is to promote the motorcycle lifestyle and protect the future of motorcycling. As the world's largest motorcycling rights and event sanctioning organization, the AMA advocates for riders' interests at all levels of government and sanctions thousands of competition and recreational events every year. The AMA also provides money-saving discounts on products and services for its members. Through the AMA Motorcycle Hall of Fame in Pickerington, Ohio, the AMA honors the heroes and heritage of motorcycling. For more information, visit www.americanmotorcyclist.com.
