[American Motorcyclist Association] - AMA petition calls for return of lane-splitting

[Ninjette Newsbot]

PICKERINGTON, Ohio -- TheAmerican Motorcyclist Association initiated a petition drive today to convincethe California Office of Administrative Law to allow state agencies to onceagain disseminate important information on safely and responsibly executing themotorcycling technique called lane splitting.

The online petition can be found here: https://cqrcengage.com/amacycle/app/...gementId=55066.

A recent Office of Administrative Law order resulted in the California HighwayPatrol, the Department of Motor Vehicles and other agencies removing CHPlane-splitting guidelines from their websites and ridding their offices ofpamphlets, fliers and other documents that contained the safety information.

"Removal of the DMV brochures is a big loss," said Nick Haris, AMAwestern states representative and a member of the California MotorcyclistSafety Program Advisory Committee, which helped write the guidelines. "TheDMV offices and website are the first places California drivers look forinformation. And this is vital information for them to have."

The CHP also removed references to lane splitting from its online FAQ, whereinformation had been available long before the agency released its guidelinesearly in 2013.

"Lane splitting is still allowed, and motorcyclists are still using thislong-recognized riding technique to relieve traffic congestion and improvesafety," Haris said. "But now, neither riders nor motorists have aplace to turn for authoritative guidelines on the practice."

The AMA supports the continued use of safe lane splitting in California and theimplementation of lane-splitting laws in other states, coupled with extensiverider and driver education programs.

The AMA position statement reads, in part: "Reducing a motorcyclist'sexposure to vehicles that are frequently accelerating and decelerating oncongested roadways can be one way to reduce front- and rear-end collisions forthose most vulnerable in traffic."

The guidelines disappeared at the urging of Kenneth Mandler, of Sacramento,Calif., who petitioned the OAL in the fall of 2013, claiming that the CHPguidelines were an "underground regulation" -- a rule that would beenforced, even though it had not been the subject of the AdministrativeProcedure Act's prescribed process.

In response to Mandler's complaint, CHP Commissioner J. A. Farrow certified tothe OAL that his agency would not "issue, use, enforce, or attempt toenforce the public education information." The OAL determined that postingthe guidelines on the website was "issuing" them.

Lane splitting, also called lane filtering, is the practice of riding amotorcycle or scooter between lanes of stopped or slowly moving traffic. Thepractice has been permitted in California for decades and no statute prohibitsit. No other state allows the maneuver. Lane splitting is common in othercountries around the world.

The CHP posted its guidelines with the intention of helping motorcyclists andmotorists understand safe practices and to discourage unsafe lane splitting.

For its part, the Office of Administrative Law says it made no determinationregarding Mandler's claim that the guidelines were an underground regulation.

"OAL did not issue a legal opinion as to whether the lane splittingguidelines constitute a regulation," OAL Director Debra M. Cornez wrote inan 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 fromaddressing the merits of Mr. Mandler's petition. Therefore, OAL never made adetermination that the guidelines constituted a regulation."

Instead, OAL senior counsel Elizabeth Heidig instructed the CHP to remove theguidelines because Farrow agreed not to "issue" them.

The AMA petition seeks to demonstrate to the OAL that its narrow interpretationof Farrow's word choice jeopardizes thousands of California motorcyclists,automobile and truck drivers and visitors to the state, because they are beingdenied access to safety guidelines that affect their roadway environment.

The CHP guidelines remain available from the AMA here: http://americanmotorcyclist.com/Libr...?download=true.

The complete AMA lane splitting position statement is available here: http://americanmotorcyclist.com/Righ...Splitting.aspx.

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