What is Lane Splitting?
Lane Splitting is the practice of a motorcyclist riding between lanes of traffic when traffic is at a complete stop. Indicating to the driver in the far left lane that you are splitting lanes is very important to not only protecting yourself, but also assisting drivers in understanding your intentions. Not only can lane splitting save motorcyclists a lot of time during what would otherwise become a very boring commute , it can also benefit other road users who can all benefit from the smoothing of traffic flow on the freeway. According to the CHP when done properly as follows: Lane splitting as a motorcyclist is not illegal in Nevada, but the practice is certainly frowned upon, especially in emergency situations and of course when traffic is moving because of the dangers involved.
Nevada Traffic Laws on Lane Splitting
When it comes to lane splitting, Nevada does not hold a particularly biker-friendly attitude. In fact, lane splitting is explicitly illegal in the state, and such action may result in a motorcyclist being cited for improper or unsafe lane change. In cases where lane splitting leads to a motorcycle accident, the lane splitter may also be held partially or entirely responsible for the accident, limiting their ability to file an insurance claim or recover damages. The following Nevada statutes may apply:
• Nevada Revised Statutes (NRS) 486.351 – Motorcycles not required to be inspected; not required to display emissions control label — exceptions.
• NRS 486.352 – Motorcycles exempt from safety laws with respect to brakes and lights — exceptions.
• NRS 486.353 – Driving a motorcycle within obscured viewing distance prohibited — exceptions.
• NRS 486.372 – Overtaking vehicle and passing safely required when driving in certain lanes.
• NRS 486.373 – Lane restrictions applicable to two-lane highway generally.
• NRS 486.374 – Traffic-control signal or flashing warning light regulating lane restrictions to supersede lane restrictions established by rules of administration.
• In order to be safe on the roads, lane splitting should probably be avoided by motorcyclists in Nevada. Still, however, many motorists will attempt to drive in such a manner as to block motorcyclists attempting to pass between lanes. This can easily lead to confrontations, and even motorist rage.
Comparative Laws of Nevada and Its Surrounding States
In contrast to Nevada, California currently allows lane splitting under state law. California Assembly Bill 51, passed in 2016, clearly legalized lane splitting by motorcyclists, allowing them to filter between rows of slow or stopped traffic. The law, however, allows the California Highway Patrol (CHP) to develop guidelines to advise riders on safe and responsible practices. While the same bill was developing, motorcyclists discovered that CHP didn’t want to put the issue to rest with any governing guidelines. Due to their risk-averse nature, they didn’t want motorcyclists to be able to argue in court that the risk from lane splitting was reduced by the guidelines CHP could provide.
As a result, there are no forceful guidelines in California that outline when lane splitting is appropriate or when it isn’t. That hasn’t stopped CHP or advocates from suggesting that lane splitting should be avoided in many cases including heavy traffic, areas highly populated by motorcyclists, during road work, or in many other circumstances. This has made lane splitting a very case-by-case decision, which can make any type of legal action related to lane splitting more difficult to prove.
Arizona currently prohibits lane splitting and has done so since 2015. There is constant debate about whether the law will be overturned or several key amendments taken into consideration. No major changes have been made, however, since 2015.
Safety Considerations for Motorcyclists
As a motorcycle maneuver known for the obvious risk it poses to motorcyclists, lane splitting comes with a whole separate set of safety considerations. With that said, were Nevada’s lawmakers to make lane splitting legal here, there are a few safety considerations and tips that motorcyclists would be wise to keep in mind.
StayFocused on the Road – As tempting as it might be to "take your eyes off the road," as lane splitting involves riding between cars, positioning your body in a way that allows for optimal control and taking an increased level of responsibility for your personal safety and the safety of other drivers.
Maintain Speed – While you want to be moving at a pace that allows drivers to see you and make room for you as you pass them on the road, you don’t want to travel so fast that you lose control of your motorcycle. So, if lane splitting becomes legal in Nevada, stick to speeds that show respect for other drivers and the rules of the road.
Be Aware of Your Surroundings – Ongoing awareness of your surroundings is key to being a safe motorcyclist – and if lane splitting were legal in Nevada, it’s critical that you remain hyper-attentive to the vehicles around you, including those on the side of the highway.
Keep a Safe Distance – Lane splitting involves traveling between vehicles. Which means you’ll want to invest in educating yourself on the most effective techniques to maximize your safety while splitting lanes. For instance, never lane split if the space between vehicles is less than your bike width and maintain a distance of at least three feet between you and the next car in front of you.
Public Opinion and Advocacy Concerning Lane Splitting
Public opinion and advocacy on the issue has been divided. Motorcyclists, for example, view lane splitting as an essential means of additional protection from motor vehicle collisions. This advocates that the increased time spent on the road for motorcyclists is dangerous in itself, and that lane splitting would enable safer travel times for them. Additionally, there is a perception among lane splitting advocates that motorists are generally supportive of the practice when they recognize its benefits.
Progress in Nevada to allow some legal protections for lane splitting has been in the works for years. AB 511 (2017) sponsored by Louise Thornton and Cresent Hardy of Assembly District 2, and the Nevada Rider Motorcycle Safety Foundation (The Rider Foundation), was a bill designed to provide some safe harbors for motorcyclists who split lanes during periods of congestion. Ultimately, despite growing public support, the bill failed to pass out of committee . Assembly Transportation Committee Chair, Assemblyman Pinky Hersalds, did not lend any support to the bill. During a recent Fox 5 interview, Assemblyman Hersald stated that he was against the bill and that if the bill came out of committee, he would not support it on the floor. Then, after it did not pass out of committee, he claimed he was not aware of the bill (considering he’s the chair of the committee this would raise some interesting questions about his statements).
Although there is some public support for lane splitting, it is difficult to gauge the exact feeling of everyone who drives in Nevada. The main argument against lane splitting is the potential for greater risk of injury should a lane-splitting motorcyclist fall into the path of an adjacent vehicle, which could also potentially lead to greater risk to other motorists. An additional argument against lane splitting is Nevada’s busy desert highways which attract large RVs, trucks, and other significant road traffic, making confident lane-splitting difficult.
Future of Lane Splitting Legislation in Nevada
The debate over lane splitting continues to unfold in Nevada. The Nevada Legislature next convenes in February 2025, and the prospect for new legislation is ever-changing. Lawmakers have traditionally been divided on the issue; in early 2023 Assemblyman Tom Roberts introduced Assembly Bill 75, which sought to authorize lane splitting under certain conditions. However, the bill failed to pass out of committee for a second consecutive session, leaving motorcyclists in the state without any legal protection for their lane splitting activities.
Despite this setback, advocates remain hopeful that legislative efforts will bear fruit in the future. They argue that the adoption of lane splitting laws would provide much-needed legal clarity for both motorcyclists and law enforcement. They also contend that such laws would promote safer driving conditions on Nevada roads. Lane splitting is already a common practice in Las Vegas, despite the absence of legal guidelines. Proponents point to the example of California, where lane splitting has been legal since 2016 and has led to improved road safety and reduced traffic congestion.
Opponents of lane splitting argue that it could lead to more accidents and create additional chaos on the roads. They express concern about the potential for increased crashes between motorcycles and other vehicles in close proximity. These concerns have so far tempered any legislative attempts to establish more formal policies.
While no new bills on lane splitting are currently on the books, state lawmakers continue to closely monitor the issue, and it remains to be seen whether legislation will come up for reconsideration in the 2025 session. For now, motorcyclists should consider themselves at their own risk when maneuvering their bikes through lanes and take extra precautions to avoid accidents. Ultimately, the successful enactment of lane splitting laws in Nevada may require a renewed commitment from both supporters and the Las Vegas riding community.
Consequences for Illegal Lane Splitting
Aside from the potential for serious injury in a lane-splitting accident, which include all the common injuries from a motorcycle accident (road rash, brain injuries, catastrophic injuries/death, etc.), there are costs to lane splitting in jurisdictions that do not permit it, or permit it only under certain conditions. First, we should note that Nevada does permit lane splitting, but with some restrictions. Generally, when a motorcycle is doing so, it is not to do so at more than 15 miles per hour, and it’s not to be any closer than 30 inches to the vehicle. In California, where lane splitting is unrestricted, motorcyclists may drive between moving, stopped, or slow moving cars. But even in California, a motorcyclist must do so safely, sensibly, and you cannot lane split if there is no room on either side. So, those are the only restrictions on motorcyclists driving in-between. In places where the practice is restricted, of course, there can be penalties for breaking those rules, such as fines and potential license suspension . Of course, the most unfavorable outcome, which none of us want, is an arrest. In addition, motorcyclists injured in accidents must deal with insurers who often use lane splitting as a reason to deny claims, or at least, at a minimum, use it to devalue people’s claims. Why? Because, unfortunately, in a lot of places, lane splitting is only legal in limited circumstances, insurance companies might argue that you were breaking the law and are therefore liable for your own injuries. Motorcyclists involved in crashes while lane splitting can also face criminal charges and civil lawsuits. A key component is whether or not the motorcycle lane splitting activity was "another prohibited traffic violation." In other words, if you were speeding, drunk, or reckless driving, that is a prohibited activity. It might not be that you were being reckless by lane splitting, but whether or not you were speeding or breaking another traffic law contemporaneous to the lane splitting tends to not be relevant in terms of the penalties you might face for lane splitting.