Governor Brown Signs AB51 -- we are legal yo~!
- Thread starter budman
- Start date
metalmaster
Well-known member
how does a license "blow out" on the freeway
only thing I would point out, is that when rider filtered to the front, it was on a solid white line and it looked like he may have crossed that. Had he had to gone to court, he may not have received a wreckless, but he could have gotten something for that act.
I have been pulled over for that many many years ago, and I see CHP pulling over riders who are over the line. I know it may piss off other riders because i won't go, but I also am not getting a stupid ticket just to save 1 minute in my commute if even that.
NorCalBusa
Member #294
So is thing "active"- or do they have to wait for CHP to publish new, 'ficial Guidelines?
Busy Little Shop
Man behaving bikely...
Is there an effort to amend the code to specifically state that lane splitting as
currently defined in the CVC is permitted under law in accordance to CHP guidelines???
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NorCalBusa
Member #294
Uhm...that's what AB51 was all about. :afm199
Busy Little Shop
Man behaving bikely...
AB51 is about the definition of lane splitting... there is no mention that lane
splitting is permitted as defined but just as importantly there is no mention
that lane splitting is prohibited as defined...
What we gained...
1) AB51 defines lane splitting in CVC...
2) CHP set lane splitting guidelines...
3) Lane splitting is not prohibited in the CVC...
We can lane split as usual because its not prohibited in the CVC code even
thought its not permitted...
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gixxerjeff
Dogs best friend
Except I believe it is now permitted.
The guideline do not make the law. Lane splitting is legal.
Unsafe lane change, reckless are the only things that limit it.
I split to the speed limit for my own safety and will continue to do that as en experienced rider.
I will have my own tips in print shortly. Pick one up as soon as sept. 17th at the cycle gear in Sac.
Unsafe lane change, reckless are the only things that limit it.
I split to the speed limit for my own safety and will continue to do that as en experienced rider.
I will have my own tips in print shortly. Pick one up as soon as sept. 17th at the cycle gear in Sac.
Busy Little Shop
Man behaving bikely...
We are better off now that lane splitting is defined in the CVC but we
still don't have any official CVC language permitting lane splitting...
Smash Allen
Banned
Larry, why would the CHP have the authority to develop guidelines for a practice that is not legal?
As far as I know, there is no law that says I can do push-ups, but it is legal for me to do them.
DataDan
Mama says he's bona fide
What we have here in the United States of America is the rule of law. We inherited this idea from the British, who first recognized it 800 years ago in the Magna Carta. The state can't just make it up as they go along, using muscle to enforce their whims. They are limited in what they can do by the law.
The practical effect of this lofty idea in traffic enforcement is that the LEO must identify a section of the vehicle code that was violated when writing a ticket. Because there is no section prohibiting lane splitting, they can't write a ticket for lane splitting. And even if there were a statute permitting it, they could still write tickets for speeding, reckless, etc., as they do now.
The practical effect of this lofty idea in traffic enforcement is that the LEO must identify a section of the vehicle code that was violated when writing a ticket. Because there is no section prohibiting lane splitting, they can't write a ticket for lane splitting. And even if there were a statute permitting it, they could still write tickets for speeding, reckless, etc., as they do now.
Sharky
Well-known member
Sharky
Well-known member
#doomandgloom FTW.
Busy Little Shop
Man behaving bikely...
Good point Andy... it is written by the legislature authorizing guidelines but it is
not written whether lane splitting is permitted or prohibitive in the CVC...
We may continue the practice of lane split because it is not illegal... we can't
say lane slitting is illegal... so in that regard it is the same as it ever was...
If we get stopped by the CHP for illegal lane splitting the Officer will not find
any written infraction in the CVC... we are cited for unsafe lane changes or
reckless riding for conditions but not for lane splitting...
In the future we might get away with a warning if we point out that lane
splitting is OK because it is now defined in the CVC and Budman said it was legal...
The premise I'm coming from is that if something is not prohibited, it is allowed.
Busy Little Shop
Man behaving bikely...
I agree that if something is not prohibited it is allowed... that's been the
premise that has allowed us to practice lane splitting... we split because it is
not prohibited in the CVC... however before we can deem lane splitting
legal that action requires the legislature to change the CVC to read lane
splitting is permitted as defined...
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