Passes & Canyons Blog

The revised article on the KRDO website.

In the middle of last week I saw a piece by KRDO out of Colorado Springs titled “State Patrol says confusion over new motorcycle law leading to more crashes.” This was in reference to the recent law that allows filtering–not lane-splitting–on Colorado roads. The new headline is “Law enforcement says motorcycle crashes and deaths are up across the state.”

The information KRDO got from the Colorado State Patrol (CSP) was so bad I knew immediately I had to do a blog post about it. It turns out, it was so bad that going back to the article today I found that KRDO had revised the headline and inserted a three-paragraph editor’s note pointing out the original inaccuracies and clarifying the information. Good for you, KRDO. Bad on you CSP. KRDO also extensively revised the article, which makes me wish I had copied it down at the time because now I can’t quote you the really bad information that had been given.

When I had initially mentioned to Judy what the CSP had said she just shook her head and said “The State Patrol is just rewriting the legislation the way they think it should have been written.”

Essentially, KRDO quoted the CSP as saying that confusion on the filtering law has led to more crashes. It also said people mistakenly believed that filtering was allowed on highways, when actually it only applies to city streets. That particular statement is mind-boggling in how far off it is. In fact, KRDO said in the original article that nothing in the law differentiates between highways and city streets, but CSP was saying if they see people filtering on the highway, even if traffic is at a dead stop, they will issue citations.

Here are a couple of the clarifications:

At the time, CSP stated that confusion over the law was contributing to an increase in motorcycle crashes and fatalities this year. They have since clarified that there is no data linking the law to the rise in incidents.

Additionally, CSP initially told KRDO13 that it is illegal for motorcycles to pass cars in standstill highway traffic. We sought confirmation multiple times and were assured this was correct. CSP has now clarified that under the new law, motorcycles are permitted to pass vehicles at 15 mph or less when traffic is stopped on the highway.

Now, there’s no question that some motorcyclists are using this filtering law as a justification for doing things the law does not allow. I have more than once seen riders blasting between cars at speed on the highway. If the CSP nails them I won’t shed a tear.

But dang, CSP, how can you guys enforce this law when you don’t even seem to understand it?

Biker Quote for Today

Darkness will always be looming in the background, somewhere in the distance, just around the bend. But at least we can have faith in our motorcycles to keep us grounded, to give us courage and perspective, and to light the way in the face of our demons.

No, you really are not required to filter past a car in front of you only on the left.

I’ve written about how, in my opinion, the information being put out by the Colorado State Patrol (CSP) about the newly legal (in Colorado) practice of lane-filtering is misleading and downright incorrect. So I went straight to the source.

I spoke with Sgt. Patrick Rice, who is the public information officer for CSP. Real nice guy and we had a good talk.

Right off the bat, Patrick acknowledged that the CSP statement that riders must pass the vehicles ahead of them on the left was off the mark. The legislation does not say that and if there is room for the rider to pass on the right it is perfectly legal. He explained that when CSP was considering how to get the information on this new practice out to the general public it was decided that it would be most easily understood if they put it in those terms. You or I may disagree with that decision but that’s what it’s all about.

OK, we got that cleared up.

Next I asked him about the CSP statement that the rider must pass the vehicle ahead while staying entirely within the lane they both share. I said that that is not how filtering takes place in the real world and I asked him to point out to me in the legislation where they said that came from. Patrick pointed me to Section 2 where it reads “NOTWITHSTANDING SUBSECTIONS (2) AND (3)(a) OF THIS SECTION, THE DRIVER OF A TWO-WHEELED MOTORCYCLE MAY OVERTAKE OR PASS ANOTHER MOTOR VEHICLE IN THE SAME LANE AS THE MOTORCYCLE IF:”

This is exactly the section I discussed previously saying that I believed they were misreading this bit of text. To quote myself, “Maybe whoever wrote this piece read it to mean you can pass another vehicle only if you stay in the same lane that it is in, when in fact it should be read that you can pass another vehicle THAT IS in the lane you are in but you don’t have to stay completely in that one lane in doing so. A significant difference of meaning. So the law could have been written a bit more clearly.”

I suggested this reading to Patrick and he agreed that it makes more sense but he said they spoke to the legislators who passed the bill and they agreed with the CSP interpretation. So that leaves them with implementing the law as it is written, not as it might have been better written or as common sense dictates.

That, of course, meant one thing to me: Time to contact the sponsors of the bill and ask them if that was truly their intent and interpretation or whether perhaps the folks at CSP misunderstood. I have reached out to but as yet have not heard back from Javier Mabrey, one of the sponsors.

In the meantime, Patrick tells me that of course patrol officers can and do exercise discretion in their enforcement practices, and he expects that if a rider is otherwise following protocol carefully but crosses over the lane divider while passing someone he does not expect that rider to be confronted. And he said this sort of issue is one of several that have already been raised and he expects that when the bill is being considered for sunsetting in three years–or sooner–it will be amended and these issues will be cleared up.

On a different note, Patrick did educate me on another aspect of the bill. There is a passage where it reads “SHALL NOT OVERTAKE OR PASS: (B) To THE RIGHT OF A VEHICLE IN THE FARTHEST RIGHT-HAND LANE IF THE HIGHWAY IS NOT LIMITED ACCESS.” What I had not understood about this is that it is saying that on city streets it is not permitted to filter on the right, even if you can stay entirely within the lane, because that could lead to a crash if the person you are passing is about to make a right turn on red. OK, that makes sense. Good to know.

Biker Quote for Today

“He loved talking to the mountains. He loved talking to the breeze. He loved to drift. And he loved to ride his motorcycle.” ? Avijeet Das