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You can research any
section of the California Vehicle Code by going either to the
CA DMV site or
directly to the
law
reference page. Below are some sections of particular interest to
motorcyclists. |
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Lane Splitting
Many
motorcyclists new to California ask about "lane splitting". There is no
"lane splitting" law as such. Perhaps the most relevant statute is CVC
21658, below. Be aware that phrasing like "...entirely within a
single lane..." has been used to justify ticketing motorcyclists
with their handlebars (or some other bike component) partly in each
lane.
21658.
Whenever any roadway has been divided into two or more clearly marked
lanes for traffic in one direction, the following rules apply:
(a) A vehicle shall be driven as nearly as practical entirely within a
single lane and shall not be moved from the lane until such movement
can be made with reasonable safety.
(b) Official signs may be erected directing slow-moving traffic to use
a designated lane or allocating specified lanes to traffic moving in
the same direction, and drivers of vehicles shall obey the directions
of the traffic device.
But don't
despair. The official website of the California Highway Patrol includes
a page
of frequently asked questions. Among them:
Can motorcycle riders "split" lanes and ride between other vehicles?
Lane splitting by motorcycles is permissible but must be done in a
safe and prudent manner.
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HOV Lanes
Although it
seems obvious to most of us, there are those who doubt the eligibility
of motorcycles to use High Occupancy Vehicle, or "diamond", lanes. In
fact, and logically, motorcycles are indeed eligible (by Federal
mandate, in cases of Federally-funded highways). Here is the official
word from the CVC:
21655.5.
(a) The Department of Transportation and local authorities, with
respect to highways under their respective jurisdictions, may
authorize or permit exclusive or preferential use of highway lanes for
high-occupancy vehicles. [...]
(b) [...] A motorcycle, a mass transit vehicle, or a
paratransit vehicle that is clearly and identifiably marked on all
sides of the vehicle with the name of the paratransit provider may be
operated upon those exclusive or preferential use lanes unless
specifically prohibited by a traffic control device.
[Emphasis added.]
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Ear Plugs
[Note: At the
close of 2003, the California legislature passed a bill which allows
non-custom (i.e., foam) earplugs to be worn by motorcyclists. The
updated version of the relevant code is posted here.]
For those concerned about hearing damage, and who therefore wear
earplugs when riding, here is the law as it pertains to you.
27400. A person operating a motor vehicle or bicycle may not wear a
headset covering, or earplugs in, both ears. This prohibition does not
apply to any of the following:
(a) A person operating authorized emergency vehicles, as defined in
Section 165.
(b) A person engaged in the operation of either special construction
equipment or equipment for use in the maintenance of any highway.
(c) A person engaged in the operation of refuse collection equipment
who is wearing a safety headset or safety earplugs.
(d) A person wearing personal hearing protectors in the form of
earplugs or molds that are specifically designed to attenuate
injurious noise levels. The plugs or molds shall be designed in a
manner so as to not inhibit the wearer's ability to hear a siren or
horn from an emergency vehicle or a horn from another motor vehicle.
(e) A person using a prosthetic device that aids the hard of hearing.
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Headlight Modulators
The legality of
headlight modulators comes into question occasionally, and both CHP
officers and local constables tend to be unaware of the legal status of
these devices. Put simply, they are legal throughout the United States
and Canada. Section
108 of the Federal Motor Vehicle Safety Standards regulates
modulated headlights.
California Vehicle Code 25250-25251 specifically allows them. And
Title 49 of United States Code 30103(b1) forbids any state from
prohibiting them. Here are the specifics:
25251.2. Any motorcycle may be equipped with a means of modulating the
upper beam of the headlamp between a high and a lower brightness at a
rate of 200 to 280 flashes per minute. Such headlamps shall not be so
modulated during darkness.
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Pullouts
How many times
have you been stuck on a twisty canyon road behind a "slow" car wishing
there was something you could do. Well, you may not be able to do much
(other than gas it and go by) but when you get a chance to speak
(politely) to the offending driver, you could inform them of the
California Vehicle Code section below.
21656. On a two-lane highway where passing is unsafe because of
traffic in the opposite direction or other conditions, a slow-moving
vehicle, including a passenger vehicle, behind which five or more
vehicles are formed in line, shall turn off the roadway at the nearest
place designated as a turnout by signs erected by the authority having
jurisdiction over the highway, or wherever sufficient area for a safe
turnout exists, in order to permit the vehicles following it to
proceed. As used in this section a slow-moving vehicle is one which is
proceeding at a rate of speed less than the normal flow of traffic at
the particular time and place.
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