Passes & Canyons Blog

Gov. Jared Polis signed Senate Bill 24-079 on April 4 and motorcycle lane filtering will now be legal in Colorado starting on August 7. Mind you, that doesn’t mean you can just go crazy with it the way I’ve seen many people do in cities in Europe. There are rules about what you can do and under what circumstances. Let’s go through the law.

As written, the bill first went through several examples of how filtering has been found safe and reasonable in other places. For instance:

A 2009 “Motorcycle Accidents In Depth Study” by the European Association of Motorcycle Manufacturers that was conducted in five European countries found that 0.45 percent of motorcycle crashes involved lane splitting and that motorcyclists were seven times more likely to be hit while stopped compared to crashing while lane splitting

This list ended saying:

Lane filtering is prohibited in Colorado and can result in various citations, including violations of motorcycle lane restrictions and careless driving laws. Therefore, the general assembly determines that the act of lane filtering by a driver of a motorcycle, when done at speeds at or below 15 miles per hour and when conditions permit, is in the best interests of motorist safety.

Aye, there’s the rub–below 15 miles per hour and when conditions permit. Here’s what the law says. I’ll clean up the sections and legalese a bit to make it read more smoothly.

The driver of a two-wheeled motorcycle may overtake or pass another motor vehicle in the same lane as the motorcycle if the overtaken or passed motor vehicle is stopped and if the motor vehicles in the adjacent lanes traveling in the same direction are stopped and the motorcycle is on a road with lanes wide enough to pass safely and if the passing motorcycle is driving at fifteen miles per hour or less and conditions permit prudent operation of the motorcycle while overtaking or passing.

OK, so traffic has to be stopped, you have to have room to pass safely, and you can’t be going more than 15 miles an hour. But there’s more. When traffic starts moving again you have got to get back in your lane and start moving with traffic again. Then:

A person overtaking or passing pursuant to this subsection shall not overtake or pass on the right shoulder or to the right of a vehicle in the farthest right-hand lane if the highway is not limited access or in a lane of traffic moving in the opposite direction.

OK this is the part that I’m not clear on. You can’t pass on the shoulder or to the right of the right-most lane of traffic. But: “if the highway is not limited access.” So does this mean that on a limited access highway, such as an interstate, you can legally pass on the shoulder? That sure seems to be what it says. So you are limited on city streets or most highways but not on the really big roads. Is that correct?

As for the city streets situation, it was my impression during the hearings that some of the legislators were thinking this behavior would not be allowed on city streets but I see nothing in the bill that rules that out. And let’s get real, it’s exactly that filtering that is so commonplace in other places. Heck, in California one time I did that myself at a traffic light on a city street along with a bunch of other riders. The lady in the front car was familiar enough with the practice that she stopped back from the intersection enough to provide room for us to pull in in front of her.

Another thing I’ll be watching for is that to my knowledge, this law does not apply to scooters. By that I mean those 50cc and smaller two-wheelers that are not counted as motorcycles. This was an issue brought up in the hearings. Small scooters like that are not allowed on big highways anyway but they are certainly allowed on city streets. And if you start seeing motorcycles filtering on city streets I’m betting the scooter folks will start doing it, too. Could get interesting.

Now, as is customary with something like this, the legalization of the practice is for now temporary. In four years the law will be nullified unless the legislature extends it. To that end, the Colorado Department of Transportation is mandated to keep records and produce a study of the effects and present that study to the legislature by January 1, 2027.

So happy riding out there. But remember, don’t do any filtering before August 7. Then for pete’s sake, do it safely. We don’t want the law repealed in four years.

Biker Quote for Today

You might be a Yuppie biker if you refer to your bike as your “toy.”

A bill to permit lane filtering, after passing out of the Senate on March 13, went to the House and passed on third reading on March 18. Then it went back to the Senate for reconciliation and was repassed by the Senate as it had been amended. Unless I’m missing something I believe this means it is now headed to the governor. Holy smokes, is Colorado going to permit filtering? What’s the word Gov. Polis?

Meanwhile, a bill to prohibit use of electronic devices while driving (except for hands-free operation) was passed on third reading by the Colorado Senate on March 15 and sent to the House, where it has been scheduled for hearing at 1:30 p.m. on Wednesday, April 3. This is the big one. If you can make it down to support this bill please do so. In the last session a preceding bill made it through the Senate but died in the House. Let’s get it through the House this time.

Here’s the note sent out by Stump, legislative liaison for ABATE of Colorado:

SB24-065 (Use of Mobile Electronic Devices While Driving) passed the 3rd reading in the Senate on Friday, 3/15 and has been assigned to the House Transportation, Housing, and Local Government (H-THL) Committee. Below are the names and contact information for the members of the H-THL Committee. It hasn’t been scheduled yet (it has now–Ken), but I’ll let you know when it is. Please take a few minutes to urge your support for the bill and contact your Representative. It can be as simple as “vote yes on SB24-065” or you can elaborate as to why they should support the bill. D-5, D-13, and D-17 have members who are constituents of some of these committee members, so don’t forget to mention that if you see your Representative on the list.

Froelich, Meg – 303-866-2921 – meg.froelich.house@coleg.gov
Lindsay, Mandy – 303-866-3911 – mandy.lindsay.house@coleg.gov
Boesenecker, Andrew – 303-866-2917 – andrew.boesenecker.house@coleg.gov
Catlin, Marc – 303-866-2955 – marc.catlin.house@coleg.gov
Frizell, Lisa – 303-866-2948 – lisa.frizell.house@coleg.gov
Jodeh, Iman – 303-866-2919 – Iman.Jodeh.house@coleg.gov
Mauro, Tisha – 303-866-2968 – tisha.mauro.house@coleg.gov
Parenti, Jennifer – 303-866-2924 – jennifer.parenti.house@coleg.gov
Valdez, Alex – 303-866-2925 – alex.valdez.house@coleg.gov
Vigil, Stephanie – 303-866-2937 – stephanie.vigil.house@coleg.gov
Wilson, Don – 303-866-2191 – don.wilson.house@coleg.gov

This is all pretty amazing. Are we going to get both of these bills passed this year, finally? I’m not counting any chickens before they hatch because eggs do get broken unexpectedly. But it actually looks possible. Keep those fingers crossed. And contact your rep telling them how you want them to vote. They really do pay attention when people take the trouble to contact them.

Biker Quote for Today

God didn’t create metal so that man could make paper clips!

If you want to support–or oppose–the bill currently in Colorado’s legislature that would legalize motorcycles filtering through traffic when traffic stopped, then get down to the Capitol on Tuesday at about 1:30 pm. I know I’ll be there.

Stump, the ABATE of Colorado legislative liaison, sent out the following action alert that I’ll just copy and paste in.

SB24-079 (Motorcycle Lane Filtering & Passing) has just been scheduled for a hearing with the House Transportation, Housing, and Local Government (H-THL) Committee for Tuesday, March 12th. It will be at 1:30 pm in room LSB-A (1st floor in the building across 14th St., south of the Capitol – you must enter through the basement). Below are the names and contact information for the members of the H-THL Committee. Please take a few minutes to voice your concerns about the bill. The latest version (reengrossed) of the bill can be read at http://leg.colorado.gov/bills/sb24-079.

Attendance at the hearing would show that ABATE is concerned with legislation affecting motorcyclists whether you personally are for or against the bill. If you plan on testifying, either in person or remotely, you must register on line before the hearing. Here is the link to register: https://www2.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/signIn.xsp. If this doesn’t work or for future reference, you can find this link at www.leg.colorado.gov. On the home page, cursor to “Committees”, then “Public Testimony Options” in the drop-down box. Easy-Peasy! The sign-up list is already available.

Froelich, Meg – 303-866-2921 – meg.froelich.house@coleg.gov
Lindsay, Mandy – 303-866-3911 – mandy.lindsay.house@coleg.gov
Boesenecker, Andrew – 303-866-2917 – andrew.boesenecker.house@coleg.gov
Catlin, Marc – 303-866-2955 – marc.catlin.house@coleg.gov
Frizell, Lisa – 303-866-2948 – lisa.frizell.house@coleg.gov
Jodeh, Iman – 303-866-2919 – Iman.Jodeh.house@coleg.gov
Mauro, Tisha – 303-866-2968 – tisha.mauro.house@coleg.gov
Parenti, Jennifer – 303-866-2924 – jennifer.parenti.house@coleg.gov
Valdez, Alex – 303-866-2925 – alex.valdez.house@coleg.gov
Vigil, Stephanie – 303-866-2937 – stephanie.vigil.house@coleg.gov
Wilson, Don – 303-866-2191 – don.wilson.house@coleg.gov

Thanks in advance for your participation in the legislative process.
Stump

As of today no hearing date has been set for SB24-065 (Mobile Electronic Devices While Driving). I’ll be putting that date up here when it has been set.

Biker Quote for Today

You might be a Yuppie biker if you have never kick started a bike before.

On Wednesday this week lane filtering took one step closer to reality in Colorado, though whether it makes it all the way is not at all a certainty. The bill was passed out of committee on a 6-1 vote.

The primary sponsor of SB24-079, Motorcycle Lane Filtering & Passing, Sen. Nick Hinrichsen, speaking to the Senate Transportation & Energy Committee, compared the reluctance of many people to buy into the idea of allowing filtering to the initial uncertainty when roundabouts were first becoming common. That reluctance faded as the public became familiar with roundabouts. He also noted that some motorcyclists will disregard the laws whether this particular one passes or not, and stressed that with his proposal, “we seek no protection for those individuals.”

Among those speaking in opposition were Pueblo Police Department Chief Steven Noeller, representing the Colorado Association of Chiefs of Police. He questioned the law enforcement ability to enforce and safely implement the law and argued that while lane filtering is commonly practiced in Europe, “we are not in Europe” and American driving habits are different (i.e., more aggressive) than over there.

Another speaker in opposition, Ed Shoenhite, a rider and RiderCoach, argued that this law would not make young riders safer, “it’s gonna get them killed.”

Jeff Jensen, with the Colorado Springs Police Department, said the issues addressed by this bill offer a “solution to a problem that does not exist. . . . The risks simply outweigh the rewards.”

ABATE of Colorado weighed in saying the group is neutral on the proposal, seeing pros and cons. The Colorado State Patrol did likewise.

The American Motorcyclist Association, represented by regional representative Nick Sands, took a position in favor of the bill arguing that it should be the motorcyclist’s choice. Others spoke in favor, both in person and online.

Hinrichsen summed up after testimony concluded noting that while road rage is a real issue, with the potential for some drivers to feel that motorcyclists were cheating, public policy should follow the data. He cited the example of roads where a lane is ending and the need for drivers to merge. Many feel that drivers who drive all the way up to the merge point before moving over are cheating, but studies have shown that that is the best and most efficient way for the two lanes of traffic to become one.

He argued that that same sort of data shows his proposal to be a positive change.

When called for a vote, Senators Lisa Cutter, Nick Hinrichsen, Cleave Simpson, Chris Hansen, Tony Exum, and Kevin Priola were in favor. Sen. Byron Pelton voted no.

Biker Quote for Today

Life is too short for traffic.

While I don’t think anybody expects the lane splitting/filtering proposal currently in the Colorado legislature to pass, at least not this session, there continues to be discussion within the biker community of the issue. Here’s some of what is being said.

Not surprisingly, Stump, ABATE of Colorado’s legislative liaison, has been talking with legislators and others. This is from Stump:

One main concern is lane splitting with traffic moving at 40 mph. The sponsor’s main premise for lane splitting is that motorcyclists stuck in stop-and-go traffic when it’s 90+ degrees out, sitting on top of an engine making it a lot hotter, with an air cooled engine that isn’t getting any air, is both dangerous for the motorcyclist and bad for the motorcycle. But if traffic is moving at 40 mph, isn’t the rider and motorcycle getting air? I’m thinking it should be more like Utah and Arizona where traffic has to be stopped or at most traveling at 10 mph.

Another concern is that the bill specifies CSP and CDOT do the study. How about involving stakeholders such as motorcycle organizations, insurance companies, the trucking industry, and manufacturers. Virginia’s Lane filtering study invited 22 different organizations to participate and got a lot more pertinent data.

Also, the sponsor hasn’t explained the difference between lane splitting and filtering, which is something the legislators should know. Lane splitting is done primarily on freeways and filtering is done mainly on urban streets with speeds posted at less than 45 mph, filtering to the front of stopped traffic at traffic lights.

At my meeting with the bill sponsor this week, he informed me that these issues are going to be addressed. I don’t know if he plans to introduce an amendment about these concerns or just discuss them at 2nd reading. So, I’ve been addressing these concerns with 4 of my “friendly” legislators ensuring that these issues are addressed at 2nd reading, either with amendments or at least meaningful discussions.

Stump also sent around a photo with the the message, “Is this what Colorado is going to look like if lane splitting passes? (Note all the helmets too!)” That would be the photo above. And no, I seriously doubt this is what Colorado would look like. There are just a heck of a lot more motorcycle riders in Thailand than there will probably ever be here.

Deb had this to say:

Thanks for the update, Stump. Now I wonder if any/all of you saw the 9news report on this bill. The video shows a bike splitting between two cars on the highway while doing a wheelie.

Here’s the link to the video that showed yesterday. The part with the wheelie is about 1:57 in. Study may allow motorcycles to split lanes | 9news.com The reporter also made a short comment on the wheelie. The video this morning ran the part with the wheelie twice.

The segment really seems mostly pretty fair but the inclusion of that lane-splitter wheelying his way through traffic is very much over the top and does not strike me as a good journalistic thing to do. And guaranteed to make the general public strongly object to allowing this change.

So anyway, the thing is just hanging at this point. I’ll do an update when there is actual news.

Biker Quote for Today

Put vibrations in your life, marry a motorcycle rider.

So Rep. Ron Weinberg decided not to kill his bill calling for a study of lane-splitting in Colorado.

In a report on Local Today, Weinberg said “Motorcycling is a contentious issue . . . People are afraid there will be more fatalities. I certainly don’t want that, but all the more reason to study it.” He stated further that “There is no arrogance or selfishness here. If it really comes back and says it’s harming Coloradans’ lives, I’ll kill it myself.”

What exactly does the bill call for? Here’s the current text.

43-1-131. Motorcycle lane splitting study – report – repeal.
(1) THE DEPARTMENT, IN COLLABORATION WITH THE COLORADO STATE PATROL, SHALL STUDY THE FEASIBILITY OF PERMITTING MOTORCYCLES TO PASS OR OVERTAKE A MOTOR VEHICLE BY DRIVING ALONGSIDE THE MOTOR VEHICLE IN THE SAME LANE OR DRIVING BETWEEN ROWS OF STOPPED OR MOVING MOTOR VEHICLES, REFERRED TO IN THIS SECTION AS “LANE SPLITTING.” THE STUDY MUST, AT A MINIMUM:
(a) IDENTIFY AND ANALYZE THE BENEFITS AND DRAWBACKS OF PERMITTING MOTORCYCLE LANE SPLITTING; AND
(b) IDENTIFY POTENTIAL SAFETY ISSUES RELATED TO PERMITTING MOTORCYCLE LANE SPLITTING.
(2) NO LATER THAN DECEMBER 31, 2023, THE DEPARTMENT SHALL SUBMIT A REPORT ON THE STUDY TO THE HOUSE OF REPRESENTATIVES TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES.
24-33.5-204. Departmental cooperation – repeal. (3) (a) THE COLORADO STATE PATROL SHALL COLLABORATE WITH THE DEPARTMENT HB23-1059-2-
OF TRANSPORTATION ON THE MOTORCYCLE LANE SPLITTING FEASIBILITY STUDY DESCRIBED IN SECTION 43-1-131.

A fiscal note has been produced, specifying how much the proposal would cost and where the funding would come from–a requirement for all bills. The study is expected to cost $75,000 and the money would come from the state highway fund. No special appropriation would be needed.

So that’s where it sits right now. Stay tuned for future twists and turns.

Biker Quote for Today

Riding a motorcycle is exactly like riding a bicycle except you have power between your legs.

OK, that didn’t go very far. The word from Stump, ABATE of Colorado‘s legislative liaison, is that Rep. Ron Weinberg is planning to kill his own bill that would have called for a study of lane filtering as a possibility for Colorado.

Here’s what Stump had to say:

HB23-1059 (Lane Splitting Study) is going to be PI’d or pulled by the sponsor of the bill. I met very briefly with Rep. Weinberg on Thursday. Prior to our meeting, he had been in contact with Tiffany Cipoletti, the On Highway Government Relations Manager for the AMA, who informed him that the AMA thinks HB1059 was “poorly written and wasn’t supported by CDOT and CSP.” She went on to say, “entering into a study with the DOT and CHP when you know they are opposed may be detrimental to any future efforts.” That seemed to be deciding point for Rep. Weinberg. He had also talked to Capt. Honn (CSP liaison to the Legislature) to confirm CSP’s stance on the bill. At our brief meeting (about 2 minutes), Rep. Weinberg said, “I heard from the AMA and I don’t want to do anything that would be detrimental to the relationship between the bikers and CSP, so I’m going to PI the bill. Meeting over.” But he also said maybe next year.

So OK, maybe next year. It’s taking time but this thing is slowly gaining momentum across the country, so maybe as more states try it, the ones that are reluctant will gain more confidence in the concept.

Biker Quote for Today

They say life is tough, but it’s a hell of a lot easier on a motorcycle.

A bill calling for the Colorado Department of Transportation, in collaboration with the Colorado State Patrol, to study the concept of allowing lane-splitting has been introduced in the Colorado House (HOUSE BILL 23-1059).

Rep. Ron Weinberg, of Fort Collins, is the bill’s sponsor. The summary of the bill reads as follows:

Under current law, the driver of a motorcycle is prohibited from overtaking or passing a motor vehicle by driving in the same lane as the motor vehicle or between rows of motor vehicles, a practice known as “lane splitting.”
The bill requires the Colorado department of transportation, in collaboration with the Colorado state patrol, to conduct a feasibility study
of permitting motorcycle lane splitting and report the results of the study to the transportation committees of the house of representatives and the senate by December 31, 2023.

As yet there are no co-sponsors in the House and no one in the Senate has signed on to back it. It may go absolutely nowhere.

I don’t know about other motorcyclists and other motorcyclist organizations, but the thinking within ABATE of Colorado is decidedly mixed. ABATE’s legislative liaison, Stump, sent an email alerting us all to this bill and asking for our thoughts. I immediately replied that I back it strongly.

Running through responses that were sent “Reply All” we first had Larry saying “I do not like at all.”

Next, from Jim, was “This is a huge step toward eventually getting a bill to allow some form of lane filtering/splitting on Interstate highways in Colorado. Big thanks should go to Rep. Weinberg!!!”

Then, kind of in the middle but leaning against, was Mike: “I see nothing but bad PR for motorcyclist with the general driving population, because of the motorcyclist who abuse the privilege by not following the guide lines that allow them to perform lane splitting or filtering in a safe way. All motorcyclist represent all of us that ride, that is what has created profiling, because the general public lump us all together by the way we dress, the colors and patches we wear and the way we ride? I would love the opportunity to use lane splitting and or filtering, I just would not like the negative attitude toward motorcyclist that would be created by the abuse of the privilege.”

Dave entered the conversation pointing out that, “it’s a Study – no more than that at this point in time. This was going to come up in Colorado eventually and has been mentioned often over some years now; several other states have adopted lane splitting/filtering and more are likely considering it – it’s the trend. I suggest that ABATE not offer a formal position – pro or con – except to agree in principle to the study, state this organization’s concern for rider safety in the traffic patterns (keeping with our mission statement), and review/input on the study upon its’ completion. The State Patrol is likely to solicit ABATE’s point-of-view on the matter along the way, and should.”

There was more but you get the picture. But, as Dave said, it’s a study. So I agree, let’s at least have the study conducted. Then, as far as I’m concerned, I would be in favor of allowing lane-splitting or filtering. Riders who consider it too dangerous just don’t have to do it. But let those of us who are more comfortable with it do it. In ABATE especially we talk a lot about freedom to choose, in relation to wearing or not wearing a helmet. Well, how is this any different?

I don’t know about you but I’ve been in several countries in Europe where lane-splitting is absolutely the norm and you know what? It’s not mass slaughter on the roads. People do it all the time and everyone gets along fine. Sure there would be a period of adjustment while everyone in cars and on bikes gets familiar with it but then, just like so many other places in the world, it would become normal.

Biker Quote for Today

You will never suffer a punctured tire on the road until you leave the repair kit at home.