Passes & Canyons Blog

This illustration from the Colorado State Patrol website shows enough space between cars for a while other car. How often is that the actual case? Like never?

I was headed over to see some friends on the other side of town and the only sensible way to get there was to go up I-25 and then west on I-70. You do what you’ve got to do.

Traffic was heavy on northbound I-25, and going slowly, and what a surprise to see this guy on a motorcycle come blasting past me, lane-splitting. As I think everyone knows by now, Colorado recently legalized lane-filtering, where it is legal to pass between vehicles as long as they are at a dead stop. Lane-splitting, where you pass between moving vehicles, remains illegal. But by now it’s no secret that some riders see the legalization of filtering as giving them license to split.

One thing I noticed about this guy once he was past me was that he had only one side bag, which I wonder if was because that made him that much narrower and thus able to split lanes more safely. Whatever. I’m pretty sure he knew what he was doing was not what the law made legal.

Shortly after this guy blasted past I saw another bike come on the highway and while this guy was not as aggressive about it, mostly sticking to weaving from one lane to another and back opportunistically, I did see him do a little splitting as well.

And then, on my way home, now southbound on I-25 with heavy traffic moving slowly once again, here comes another guy splitting lanes. I guess this is just how things are these days, the proverbial give them an inch and they take a mile approach.

Let me hasten to note that I have no personal objection to lane-splitting. I just hope these guys doing this don’t screw things up for the rest of us by annoying the legislators enough that they decline to renew the filtering law when it comes up for review in three years.

On a side note, I recently saw a couple articles about how lane-splitting is now going to be legal in Minnesota. It appears that their bill is more permissive than ours, allowing bikes to split at up to 25 miles an hour while going no more than 15 miles an hour faster than the cars they are passing. But what also struck me as interesting was mention in these articles that the bill was signed by Gov. Tim Walz. I’m pretty sure a little more than a month ago most of us would have read that article and not had any idea who was governor of Minnesota. And now all of a sudden it’s, “Oh yeah, that guy.”

And another side note: I was actively studying the space between vehicles available for a bike to pass through and it just reconfirms my certainty that the idea of someone filtering while staying entirely within the lane of the vehicle they are passing is utterly absurd. Not once did I see enough room even for a scooter to get past. You have got to ride the lane divider. Those illustrations on the Colorado State Patrol website are ridiculous in that they show cars vastly smaller in proportion to the lane width than in fact is real.

Biker Quote for Today

“I have discovered biker paradise. It is called the Great Smoky Mountains.” — Foster Kinn

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

This CSP video actually shows a rider in the left lane passing with oncoming traffic on his left. But gosh, I haven’t seen many traffic lanes that were more than three times wider than the cars in the lane.

OK, right as I was finished writing this and about to schedule it to post in the morning my wife came to me and showed me a text she had just received from a friend saying she had just seen me on the news. As it says below, I had been told the piece with the interview I did would run on the 5 o’clock news but now it had run on the 9 o’clock news. I did not see it and have no idea what part of the interview they used. So much of what is below is out of date, but I have no idea what parts. If anyone saw the piece and can help me out I’d greatly appreciate it. Meanwhile, here’s what I had intended to post. Hey Channel 9, if you can enable me to see what you ran I’ll gladly take this post down and totally rewrite it.

I thought I really had a chance to set things right when a reporter from Denver’s Channel 9, contacted me to say he would like to talk to me about lane-filtering as it was about to go into effect. I welcomed the opportunity to speak to a larger audience to clear up the misconceptions being put out by the Colorado State Patrol (CSP) as to what lane-filtering is about. Oh silly me.

First the guy who contacted me failed to get back in touch when he said he would to set up an interview, and then about the time I figured he had just blown me off I got a text from another guy who he had apparently handed the thing to. I replied, we spoke, and we set a time for him to come to my house so we could speak.

Ethan turned out to be a super nice guy, a young kid doing an internship and just looking to get his career started. I told him I had been in the news business myself for many years and we had a nice chat about how things have changed.

I rolled one of my bikes out and he set up his gear and we basically chatted. I talked about how it’s mostly going to be the smaller bikes and scooters that do the majority of the filtering, not the big cruisers, and I also talked about how the information the Colorado State Patrol is putting out is just flat wrong. Other things, too.

In addition to the conversation, Ethan did a number of long still shots of my bike and gear, which I figured he would use with my voice playing over the image. When we were done he packed up and he promised to text me to tell me when the piece would run. Now he was heading back to the studio to do the editing and put the piece together. In the following text he said it would be on the 5 p.m. news.

Five o’clock came and I had the TV on set to Channel 9. The third or fourth item came on and it was about lane-filtering and I was nowhere to be seen. Or heard. All it was was another recital of what the CSP had put out, accompanied with a graphic video depicting the same thing as depicted on the CSP website. Which is to say, a motorcycle passing entirely within the same lane as the car it is passing.

If you ride you know this is absurd. As I told Ethan, and as any rider knows, lane-filtering or lane-sharing is done by going up the middle between two lines of cars. And you intentionally ride the lane divider line, you don’t stay entirely within the lane of the car you’re passing.

Now, if all drivers always kept their cars all the way to the right of their lane, then passing within the lane might be possible. Does that happen. Of course not. Drivers naturally try to stay pretty much in the center of their lane. But that opens up space to the right-hand car’s left side and the left-hand car’s right side. That’s where bikes go.

But apparently not according to CSP.

And I have read and re-read the legislation and nowhere in that bill does it say anything about the rider passing on the left. That would be stupid. If you were in the left lane, passing on the left would mean potentially encroaching on the oncoming traffic lane, and while you are allowed to filter only if the cars going your direction are completely stopped, those oncoming cars may not be stopped at all. Dangerous much?! No, you go up the middle between the two lanes of traffic going your direction, no matter whether that means you are passing on the left or right. People, let’s get some sanity going here!

So I texted Ethan and he said he had thought he would be doing the editing but then found that “some people at the desk had already done so.” They just wanted him to get the interview. Which they then totally ignored.

Now, Judy raised the valid point about, who are they going to believe, the official governmental source or some blogger? My reply was that if there is differing information it is their job to dig in and find out what the truth is. That’s what I would do when I was a reporter.

Anyway, not being the type of person to just let this die, my next move will be to contact the public information officer at CSP and talk directly to that person and see what comes of it. I also sent emails to the two main sponsors of the bill in the legislature pointing out to them the erroneous nature of the info the CSP is putting out. I had hoped to hear back from them by now but Judy pointed out that they’re not in session so who knows when they’ll see my emails. But I’ll try again to reach both of them.

Next update when there’s something new to tell you.

Biker Quote for Today

Riding my motorcycle is like painting memories on the road’s canvas.

Whoever wrote this piece just doesn’t understand.

I’ll take a break from recounting the latest OFMC trip today because this is timely and really flagrant.

Lane filtering becomes legal in Colorado this week, on August 7. As a surprise to no one, I picked up several articles addressing this change and “informing” the readers of what it means. I put “informing” in quotes because all three pieces I saw, including one from the Colorado State Patrol (CSP), were clearly written by someone who does not ride motorcycles and who fails to understand the entire procedure. More importantly, they were just flat wrong.

Because the other articles seem to have been written based on what CSP put out I’ll go right to the source.

“The rider must pass on the left and not enter the oncoming traffic lane.”

What’s wrong here? Picture this. You have two lanes of traffic going each way and you are a rider in the left lane. You “must pass on the left”? I don’t think so. That would have you partially encroaching on the oncoming lane of traffic, which is strictly prohibited. Your only choice is to pass between the two lanes of traffic going your direction, which in this case would mean passing on the right. Either that or else if you’re in the left lane you are not permitted to filter. I’m pretty sure that’s not what is intended.

What the law actually says is this: A PERSON OVERTAKING OR PASSING PURSUANT TO THIS SUBSECTION (3)(b) SHALL NOT OVERTAKE OR PASS:
(A) ON THE RIGHT SHOULDER;
(B) To THE RIGHT OF A VEHICLE IN THE FARTHEST RIGHT-HAND LANE IF THE HIGHWAY IS NOT LIMITED ACCESS
(C) IN A LANE OF TRAFFIC MOVING IN THE OPPOSITE DIRECTION.

So that pretty much stipulates that you have to filter between lanes going your direction.

The CSP piece also said this: “The lane must be wide enough to fit the vehicle and motorcycle while passing.”

Now, not very many lanes anywhere are wide enough to allow a car and a motorcycle to fit comfortably side by side. The motorcycle needs to ride down the stripe separating the lanes. The law states filtering is permitted if “THE DRIVER OF THE TWO-WHEELED MOTORCYCLE IS ON A ROAD WITH LANES WIDE ENOUGH TO PASS SAFELY.”

Notes the plural there: “lanes.” And nothing about staying in the same lane as the car you’re passing.

I think part of the confusion may come from the wording of the law where it says “THE DRIVER OF A TWO-WHEELED MOTORCYCLE MAY OVERTAKE OR
PASS ANOTHER MOTOR VEHICLE IN THE SAME LANE AS THE MOTORCYCLE IF . . .” 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.

So anyway, reading through the law again I spotted one thing this time that I did not notice previously. This is item B in the list above. “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.”

“If the highway is not limited access.” Does this mean that they are specifically allowing you to overtake or pass on the right of the vehicle in the farthest right lane if the highway IS limited access? As in, if you’re on the interstate you can pass on the shoulder? It had not been my understanding that that was the intention of the Legislature but that does seem to be the logical reading of that rule.

At the same time, it also says this: “(III) A PERSON OVERTAKING OR PASSING PURSUANT TO THIS SUBSECTION (3)(b) SHALL NOT OVERTAKE OR PASS: (A) ON THE RIGHT SHOULDER;”

This seems contradictory. If anyone can clarify this for me I would appreciate it.

I think there are some kinks here. I suspect that there are going to be some amendments needed. But get ready because filtering will be here this week.

Biker Quote for Today

I don’t love the people driving fast, that’s the reason why I overtake them.