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  1. #1
    Join Date
    Apr 2018
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    3

    Default Lane Sharing Between the HOV Lane and an Adjacent Lane

    My question involves a traffic ticket from the state of: California

    Hello. I recieved a ticket while riding my motorcycle two weeks ago. The ticket was issued by an LA Sheriff on I110 (not a CHP) citing Vehicle Code # 21655.8 "crossover double parallel lines @ HOV". What actually happened was that I lane shared or lane split, going ~ 40mph, in a safe manner, between the HOV lane and the lane adjacent to it. The LEO did not state that I was riding in an unsafe manner, he stated that it is illegal to lane share between the HOV lane and the "fast lane," or whatever the lane is next to the HOV lane. I have been lane sharing between the HOV lane and the fast lane for 20 years, in front of, and behind, CHP motorcycle officers for years. I do not trust this LEO's interpretation of VC #21655.8, and I have never heard it before, basically, that lane sharing constitutes a crossing of the double yellow line, and is therefore illegal. Does his interpretation sound accurate?

    Thank you for any assistance.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,292

    Default Re: Lane Sharing Between Hov and Adjacent Lane

    Your making a common mistake by imagining something about the statute that isn't in it.

    (a) Except as required under subdivision (b), when exclusive or preferential use lanes for high-occupancy vehicles are established pursuant to Section 21655.5 and double parallel solid lines are in place to the right thereof, no person driving a vehicle may cross over these double lines to enter into or exit from the exclusive or preferential use lanes, and entrance or exit may be made only in areas designated for these purposes or where a single broken line is in place to the right of the exclusive or preferential use lanes.

    (b) Upon the approach of an authorized emergency vehicle displaying a red light or siren, as specified in Section 21806, a person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.

    (c) Raised pavement markers may be used to simulate painted lines described in this section.
    You were operating a "vehicle" and you crossed the "double parallel solid lines."

    There is nothing in there about "lane sharing."

    Doesn't matter what your interpretation is or how many years you've been breaking the law. You were cited this time and you are guilty.

    You are welcome to plead not guilty and see what the judge says.

  3. #3
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Lane Sharing Between Hov and Adjacent Lane

    If you cross over any lines you are no longer lane sharing. The minute you touch any line makes you subject to properly using your turn signal, safely changing lanes without causing others to brake (e.g. violating their tight of way), solid yellow restrictions, double parallel white line restrictions, center divide restrictions and right shoulder restrictions. I could list every appropriate vehicle code to go along with the above mentioned violations but I don't want my chicken to burn.

    I absolutely love writing riders who think they are 'lane sharing' when they are just plain jerks on the road.

  4. #4
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    506

    Default Re: Lane Sharing Between Hov and Adjacent Lane

    The code section you were cited for, 21655.8, has nothing to do with "Lane Splitting". The fact is, lane splitting is not illegal in California. If you did not cross any "double parallel solid lines" you are not guilty of violating this code section. Even the CHP in a document titled Lane Splitting General Guidelines, agree that lane splitting is not illegal.

    You have a good chance of winning this if you decide to contest it.

    FYI, lane splitting in California was determined to be legal in Aug. 2016 by AB 51. See AB 51 Signed By Governor Brown! Lane Splitting Is Officially On The Books In California!
    *****
    I may not always be right, but I am never wrong.

  5. #5
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Lane Sharing Between Hov and Adjacent Lane

    Technically, "lane sharing" means you must stay within the lane. You can't move from one to the other without, for example, signaling appropriately. I say "technically" because drivers are rarely, if ever, written up for not using their blinkers. Regrettably, I might add. By the same token, police usually tolerate motorcyclists moving from one lane to the other while "lane sharing". This assumes, though, that the lanes are separated by a broken line or, possibly, a solid single line. But if there is a double line and, moreover, a specific regulation prohibiting crossing it, it's no longer just a "technical" violation. Live and learn.

  6. #6
    Join Date
    Apr 2018
    Posts
    3

    Default Re: Lane Sharing Between the HOV Lane and an Adjacent Lane

    Quote Quoting sniper
    View Post

    I absolutely love writing riders who think they are 'lane sharing' when they are just plain jerks on the road.
    Great info (except for the name calling).

    Cheers!

    I did not cross over into the adjacent lane, I moved past a vehicle in my own lane.

    Thank you for your reply.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,292

    Default Re: Lane Sharing Between the HOV Lane and an Adjacent Lane

    Quote Quoting Dr. Zaius
    View Post

    I did not cross over into the adjacent lane
    The officer cited you for Vehicle Code # 21655.8 "crossover double parallel lines @ HOV".

    Are you saying your wheels didn't touch the double parallel lines?

  8. #8
    Join Date
    Apr 2018
    Posts
    3

    Default Re: Lane Sharing Between the HOV Lane and an Adjacent Lane

    No, that portion of my post was in response to zeljo's post, which assumed that I had changed lanes. I did not move into the adjacent lane, unless your definition of changing lanes is wheels touching paint. I am unsure if my wheels touched the paint or not. From sniper's post, it appears that that is the issue, that any wheel touching the paint constitutes a violation of vehicle code.

  9. #9
    Join Date
    Mar 2013
    Posts
    18

    Default Re: Lane Sharing Between Hov and Adjacent Lane

    Quote Quoting Jim Kozlovich
    View Post
    The fact is, lane splitting is not illegal in California.
    I disagree. I would argue that lane splitting has never been technically legal in CA. I would call it de facto legal, in that it is usually allowed by enforcers, not by law.
    In my state (NJ) there are no specific laws naming lane splitting one is breaking by lane splitting, yet there are laws that must be broken in order to do so, e.g. improper passing. Same technical legal situation in California.

    Even the CHP in a document titled Lane Splitting General Guidelines, agree that lane splitting is not illegal.
    The CHP would like others to believe their several hundred moto officers aren’t continuously breaking the law. Claims on that website are wrong and now outdated. The CHP "guidelines" no longer exist:

    "Lane splitting general guidelines" information is no longer available.

    A petitioner complained to the Office of Administrative Law that there was no formal rulemaking process for the guidelines, and raised other objections. The CHP discussed the issue with the Office of Administrative Law and chose not to issue, use or enforce guidelines and thus removed them from the website.

    The underlying purpose of the guidelines was to provide common-sense traffic safety information.

    California law does not allow or prohibit motorcycles from passing other vehicles proceeding in the same direction within the same lane, a practice often called "lane splitting," "lane sharing" or "filtering."
    https://www.dmv.ca.gov/portal/dmv/de...clists%20alike.

    You have a good chance of winning this if you decide to contest it.
    Maybe. But it would be because the officer issued him the wrong ticket if the OP indeed didn’t cross a double yellow line.

    FYI, lane splitting in California was determined to be legal in Aug. 2016 by AB 51. See AB 51 Signed By Governor Brown! Lane Splitting Is Officially On The Books In California!
    You should read the law rather than taking the word of some hokey website.

  10. #10
    Join Date
    Oct 2016
    Posts
    3,349

    Default Re: Lane Sharing Between Hov and Adjacent Lane

    Quote Quoting Muleskinner
    View Post
    I disagree.
    And your disagreement may have been useful back in April of 2018 when this thread was last posted to.

    In the future please don't raise old threads from the dead.

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