Effective August 07, 2024, motorcyclists in Colorado are now legally permitted to pass between vehicles stopped on roadways in specific situations. Governor Jared Polis signed Senate Bill 24-079 into law on April 04, 2024, making Colorado the fifth state, alongside California, Utah, Montana, and Arizona, to permit lane filtering. This maneuver allows motorcycles to progress more quickly through heavy traffic.
Commonly called the “Motorcycle Lane Filtering and Passing Law,” this new regulation allows motorcyclists operating a two-wheeled motorcycle to pass another vehicle in the same lane only if the following occurs:
- The traffic is stopped;
- The road has lanes wide enough to pass safely;
- The motorcycle is traveling 15 miles per hour or less; and
- Conditions permit prudent operation of the motorcycle while overtaking or passing.
A motorcycle driver intending to pass under the act is not permitted to overtake or pass traffic:
- On the right shoulder;
- 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.
There are many anticipated benefits resulting from this recently enacted law. Supporters of lane filtering assert that lane filtering can reduce traffic congestion by reducing the number of vehicles occupying lanes. It can also have the potential to improve fuel efficiency for motorcycles by reducing the amount of time spent idling in traffic.
Arguably, the most compelling benefit of the lane filtering law is the potential for a decrease in accidents involving motorcycles. Numerous studies cited in Senate Bill 24-079 concluded that motorcyclists who practice lane filtering were less likely to be involved in crashes than those who were not lane filtering. Additionally, motorcyclists practicing lane filtering who were involved in crashes had far less severe injuries than those who were involved in crashes and not lane filtering.
Alternatively, critics of lane filtering cite safety concerns for both motorcyclists and other motorists. Potential issues include visibility concerns, unexpected movements from motorcycles, and the risk of collisions, particularly in heavy traffic or at higher speeds.
In an effort to promote safety, California Highway Patrol issued the following tips related to lane splitting:
- Consider the total environment when you are lane splitting (this includes the width of lanes, the size of surrounding vehicles, as well as current roadway, weather, and lighting conditions).
- Danger increases at higher speed differentials.
- Danger increases as overall speed increases.
- It is typically safer to split between the far-left lanes than between the other lanes of traffic.
- Avoid lane splitting next to large vehicles (big rigs, buses, motorhomes, etc.).
- Riding on the shoulder is illegal; it is not considered lane splitting.
- Be visible – Avoid remaining in the blind spots of other vehicles or lingering between vehicles.
- Help drivers see you by wearing brightly colored/reflective protective gear and using high beams during daylight.
Following the release of these safety tips, motorcycle fatalities were reduced by 30% in California because motorcyclists were less likely to be involved in a rear-end crash. Lane filtering has been legal in California since 2017 and has proven to benefit California motorcyclists.
Malnar Injury Law is experienced in representing Colorado motorcyclists who have been involved in accidents and has seen how detrimental those accidents can be. We are hopeful that the Motorcycle Lane Filtering and Passing law will reduce injuries and fatalities amongst motorcyclists in our community.
The authorization for motorcyclist to overtake or pass traffic will be repealed in Colorado, effective September 1, 2027. Before the repeal, the Colorado Department of Transportation will analyze safety data on the act and issue a report to the general assembly by January 01, 2027. The data and information in the report will include:
- Motorcycle rear-end collisions before and after the effective date,
- The severity of rear-end collisions in heavy traffic conditions before and after the effective date, and
- Motorcycle side-swipe collisions while overtaking or passing at a rate of less than fifteen miles per hour before and after the effective date.
Motorcycle lane filtering is still up for debate, but we can all agree on the importance of motorcycle safety. At Malnar Injury Law, we encourage motorcyclists to use protective safety gear while riding and have the proper training to ride. All motorists should be aware of this new law to guarantee we are properly educated to ensure motorcycle safety.
If you do get in a motorcycle accident or have any questions, please reach out to me directly via phone at 719-426-3412 or via email at danielle@coautoinjury.com.
Danielle Crotser
Paralegal
Malnar Injury Law
