Rhode Island Lane Splitting Laws: What Motorcyclists Need to Understand

What is Lane Splitting?

To put it simply, lane splitting is where motorcyclists ride between lanes of cars or trucks. Motorcyclists often use the term ‘lane splitting’ rather than separating cars to describe this action . You may have heard the terms ‘lane filtering’ or ‘white-lining’ as well, and they all refer to the same behavior.

Lane Splitting Laws in Rhode Island Today

The state of Rhode Island currently does not have any laws specifically addressing lane splitting. While legislation has considered the possibility of allowing lane splitting in the past few years, none have succeeded in passing. Other states in the U.S. do have laws addressing lane splitting ranging from explicit legality to explicit illegality. Massachusetts, for example, has a statute providing that a motorcycle may not be driven between lanes or rows of vehicles directly adjacent to each other on a roadway. Georgia has no statutes or regulations specifically addressing lane splitting but cites safe, cautious riding as a counterpoint to driving on roadways. Meanwhile, California explicitly allows motorcyclists to split lanes, although that legislation only went into being as of January 1, 2017. Lane splitting laws in other states tend to cover the same issues as proposed Rhode Island legislation, namely covering definition and safety regulations. Factors like traffic speed limits and road size may also be addressed in certain states, sometimes restricting lane splitting to only certain types of roads. Other considerations may be the following: Rhode Island is one of only a handful of states that have no laws or regulations dealing with lane splitting among motorcyclists. Different states have different approaches to what they perceive as a shared concern in the safety and control of motorcyclists.

Safety Related Issues and Recommendations

Lane splitting has been marketed as a way to be safer and more visible: riders can avoid being squeezed in between other cars. However, most studies find that there is no safety benefit to lane splitting. One of the few statistically relevant studies performed on lane splitting comes from the Hurt Report, performed by Dr. Hugh Hurt, who was the head of the California Department of Transportation’s Southern California Accident Investigation Team. Hurt found that although lane splitting motorcyclists did not have more accidents than motorcyclists traveling only in a single lane, they also did not have a lower injury rate than motorcyclists traveling only in a single lane. This led him to conclude that lane splitting was no more or less safe than traveling in a lane designated for motor traffic. A more recent study of motorcycle accidents in California during 2012, when lane splitting was first authorized for use, showed that 13% of lane splitting accidents resulted in a collision with a car, and not directly against an injury. For lane splitting accidents that resulted in an injurious crash, 83% of the motorcyclists were not wearing a helmet, where 41% of motorcyclists only riding in a lane, whether designated for motorcycles or for other vehicles, were helmeted. Lane splitting accidents were also more likely to happen on congested freeways (an indicator of speed differential), while non-lane splitting accidents more commonly occurred as a result of other traffic crossing into the motorcyclist’s path of travel in an area with less traffic congestion. Significantly, lane splitting motorcyclists had a 67% rate of injuries to their lower extremities, as opposed to only a 40% rate for motorcyclists of all varieties crashing into a lane splitting motorcycle. Regardless of the traffic involved, lane splitting does not seem to offer a speed increase, and the increased rate of injury to lane splitting motorcyclists is somewhere between 5% and 30% that of motorcyclists riding exclusively in traffic lanes. Simply put, while lane splitting may better allow a motorcyclist to see and be seen, it does not offer any less of a risk of injury than riding with traffic and is statistically more likely to result in an accident. If you decide that these facts do not dissuade you from trying lane splitting, there are some precautions you can take to protect yourself. First, wear your full helmet, and be aware of corners and other blind spots that are more difficult to see around than lane splitting motorcycle accidents tend to be. Second, wear bright colors and be mindful of drivers who may be impatient, or who are angry at the front of a traffic queue, as lane splitting results in drivers being trapped in one place. In particular, be alert to tailgating and traffic lane violations, as these may cause other vehicles to move into your intended lane of travel while simultaneously giving them less room. Finally, be sure to avoid lane splitting at high speeds, as this lessens your control and reaction time to lane merging situations.

Legal Ramifications of Lane Splitting in Rhode Island

As you might expect, the potential legal consequences for lane splitting in Rhode Island are vague, at best. The motion of changing lanes in a forward position is not expressly defined in the law. As such, it is left to discretion for law enforcement officials and traffic court judges. But they are not likely to be a motorcyclist’s friend when it comes to lane splitting.
If a motorcyclist has been cited for lane splitting, the citation will more than likely be for reckless driving, not for "changing lanes to the front." The penalties for reckless driving in Rhode Island are set out in R.I. Gen. Laws §§ 31-27-4, which states:
The first violation under this subsection shall be punishable by a fine of no less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisonment for no less than ten (10) days nor more than six (6) months, or both, in the discretion of the court.
A second violation shall be punishable by a fine of no less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or imprisonment for no less than thirty (30) days nor more than one year, or both, in the discretion of the court.
For a third or subsequent violation, there shall be a fine of no less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or imprisonment for no less than six (6) months nor more than three (3) years, or both , in the discretion of the court.
In addition to any other penalty imposed, upon the third or subsequent violation, the defendant’s license or right to operate a motor vehicle shall be revoked for as long as the court determines necessary.
It is important to note that if a motorcyclist is convicted in traffic court, the offense will be recorded on his or her driving record. When it comes to insurance companies, knowledge is not always power. In fact, if an insurer sees that a driver has been convicted of lane splitting, it is very likely that the driver’s premiums will increase significantly.
So, what happens if a motorcyclist has been convicted of lane splitting? The good news is that there may be defenses available. A motorcyclist in Rhode Island may have a few options. The most obvious is that it is possible to appeal the conviction within ten days of the court hearing, but that may be an impractical option. The more practical alternative would be to have an attorney attend traffic court. An experienced traffic court attorney can make procedures work in the motorcyclist’s favor by filing the appropriate motions and making the right arguments. One possibility is a motion for dismissal because of constitutional vagueness – the statute is too broad and could apply to both legal and illegal lane splitting. There may also be an argument for violation of equal protection laws if an automobile is pulled over in the same manner without the same penalty.

Public Sentiment and Lobbying

Public opinion plays an integral role in the lane splitting debate, affecting not only public safety policy, but also shaping public perception of motorcyclists and their attitudes towards the proposed changes in laws about lane splitting. In Rhode Island, motorcyclist advocacy groups have argued that allowing lane splitting is crucial for improving the safety of motorcyclists. Opponents, on the other hand, worry that allowing such practices will lead to an increase in accidents and fatalities.
Motorcyclists in Rhode Island have shared their concerns and frustrations about the lack of accommodation for lane splitting on state roadways. They argue that their safety is compromised by being flanked by vehicles that are either prevented from moving or are in a position to make sudden lane changes, putting them at greater risk. Lane splitting would, in their view, not only improve their survival rates in traffic incidents but also ease their daily commute. George Mirabella , President of the Rhode Island Motorcycle Association, states, "I’m not saying everyone should do it, but it does give us an opportunity to protect ourselves from the fact that the roads of Rhode Island are not designed for the types of vehicles we drive."
Motorcyclists looking to push for legislative change will need to be vigilant in tracking any new developments and public discussions around the issue. Currently, there is mounting pressure to change current legislation following states such as California, Utah, Virginia, and others that have recently passed bills to legalize lane splitting. It is imperative to pay attention to any legislative activity in the coming months, as local lawmakers may soon look to take measures to reduce road congestion that will affect lane splitting rights.
As public opinion towards lane splitting continues to evolve in Rhode Island, driver education and awareness of motorcyclists’ presence will be key to create safer roads in the state.