Is Lane Filtering Legal in Texas?

Michael S. Callahan | | Car Accident
is lane filtering legal in texas

Understanding the legal implications of lane filtering will help protect motorcyclists and other motorists on the roads.

Learn more about the legal aspects of lane filtering and how the Callahan Law Firm can help.

Understanding Lane Filtering

What is the legal definition of lane filtering? It is the act of moving between traffic when other surrounding traffic is still.

Why do some motorcyclists participate in lane filtering? Let’s say that an inattentive driver fails to notice the presence of a motorcyclist. Filtering through lanes can prevent the motorcyclist from being rear-ended.

This practice can also keep motorcyclists safe on the roads. Some engines are in danger of overheating if they remain still for too long, especially in the Texas heat.

Lane filtering is a way for motorcyclists to remain moving and assist with reducing traffic. To some people, those would be considered valuable benefits.

But there are some risks associated with lane filtering, including:

  • Limited reaction time for motorcyclists.
  • Reduced visibility for motorcyclists.
  • Increased possibilities for losing control of the motorcycle.
  • Greater chances of rear-ending other vehicles.

Because there are many benefits and risks associated with lane filtering, Texas legislators have weighed in on the matter.

Legal Status of Lane Filtering in Texas

Prior to last year, there was limited legislation concerning lane filtering for motorcyclists.

While Texas residents had mixed opinions about the act, there was no law signed into place that prohibited the act.

However, that is no longer the case. In June of 2023, Governor Greg Abbott passed House Bill 4122. This bill makes the act of lane filtering illegal for motorcyclists, with a few exceptions.

Section 545.0605 explains the specific actions that motorcyclists should not engage in, including:

  • Operating the motorcycle between lanes of moving traffic in the same direction.
  • Attempting to pass a car while in the same lane as the car being passed.

The exceptions to lane filtering are also defined in this section. The two exceptions apply to motorcyclists riding side by side in the same lane and police officers.

Motorcyclists are allowed to filter through lanes if there are two motorcyclists riding side by side in the same lane. Police officers are also exempt from this law if they need to filter through lanes to perform their official duties.

While the law clearly defines what is legal and illegal for motorcyclists, there are some safety advocates that believe that lane filtering should be legal for all motorcyclists.

Safety Considerations and Advocacy

The issue of lane filtering revolves around the actions of the motorcyclists. However, it’s the actions of other drivers that can oftentimes put motorcyclists at risk of enduring accidents.

Motorcyclists are one of the most vulnerable groups on the roads. Not surprisingly, studies have shown that motorcyclists have a greater risk of death in road accidents than car drivers.

Safety advocates argue that lane filtering would help reduce these risks and improve safety for riders. One of the arguments is that lane filtering would improve visibility for motorcyclists.

Legislative Attempts and Future Prospects

Just like the subject itself, legalizing lane filtering in Texas has been a large gray area.

The earliest attempt was SB 288, a bill that was introduced to the Texas Senate Transportation Committee in 2016. Had this bill been passed, motorcyclists would have been able to filter through lanes under special circumstances.

Unfortunately, it died on the floor.

The next attempt happened in 2018, when SB 273 was introduced. Similar to SB 288, this bill would have allowed motorcyclists to filter through lanes only when traffic was at a speed of no more than 20 miles per hour.

Even though both bills took the safety of motorcyclists and drivers into consideration, they both died on the senate floor.

Comparison with Other States

There are 5 states that allow lane filtering: California, Utah, Montana, Hawaii, and Arizona.

In California, there is no speed limit that motorcyclists must follow to filter through lanes. They can do so at low or high speeds.

However, there are some recommendations that the Department of Motor Vehicles (DMV) have provided for motorcyclists:

  • Avoid filtering through lanes while traveling at a speed of more than 10 miles per hour.
  • Avoid filtering through lanes when traffic is moving 30 miles per hour or faster.
  • Avoid filtering through lanes near on-ramps and exits on the beltway.

Arizona and Utah’s laws are a little more flexible. Unlike 30 miles per hour, motorcyclists are advised not to filter through lanes when the speed limit is 45 miles per hour or faster.

Compared to a speed of 10 miles per hour, motorcyclists should not travel at a speed of 15 miles or greater while traffic is moving. Traffic must be stopped for motorcyclists to split through lanes.

In Hawaii, motorcyclists are allowed to not only filter through lanes but drive on the shoulder to pass cars. If the traffic is not moving over 10 miles per hour and traveling in the same direction, lane filtering is fine.

Rider Awareness and Legal Rights

Rider Awareness and Legal Rights

So, what does this mean for motorcyclists in Texas? Will lane filtering always be illegal? Will you be penalized for filtering through lanes?

At the time this page was posted, HB-4122 has made lane filtering illegal for motorcyclists in Texas. That doesn’t mean that it will remain illegal in the future.

Democrats and Republicans have shown support for lane filtering in the past. Hopefully, laws that support the act will continue to be introduced until they are passed.

The fact that HB-4122 allows an exception for lane filtering is proof enough that there is room for change.

In the meantime, it’s important for motorcyclists to understand their rights. You don’t want to pay a fine of $175 or more. You also don’t want to be established as the liable party if you become involved in a motorcycle accident.

Reach out to The Callahan Law Firm Today

While riding throughout Texas, it’s important to know what legal rights you have. Being fined for lane filtering is not the end of the world. Reach out to the Callahan Law Firm to find out your rights.

Schedule a free consultation to learn more about your rights.

FAQ:

Can you filter lanes in Texas?

At the time this content is posted, lane filtering is illegal in Texas. As of September 2023, House Bill 4122 has prohibited motorcyclists from filtering lanes.

The only exceptions to this law are for police officers and then also for motorcyclists who are riding in the same lane. Police officers are allowed to filter through lanes for emergencies only.

If two motorcyclists are riding side-by-side in the same lane, that should meet the allowable exception in the current statute.

Why did Texas ban lane splitting?

The public’s safety concerns led to the banning of lane filtering in Texas. Some drivers are worried that other drivers and motorcyclists can get hurt from lane splitting.

Some reasons that contribute to that concern are a motorcyclist’s reduced visibility, distracted driving, and the possibility of more accidents. Residents are concerned that drivers will fail to notice motorcyclists and cause more collisions.

Even though motorcycle advocates argue that lane filtering supports safety for all parties, Texas legislators decided to still ban lane filtering.

Where is lane filtering legal in the US?

Lane filtering is legal in several states: California, Utah, Montana, Hawaii, and Arizona.

California allows motorcyclists to filter through lanes as long as they are not driving faster than 10 miles per hour. Motorcyclists are also prohibited from lane filtering when traffic is moving faster than 30 miles per hour.

In Utah and Arizona, the mileage that motorcyclists can travel is increased to 15 miles per hour. Traffic must also be stopped and land filtering is not recommended on roads of over 45 miles per hour or more.

In Montana, the recommended speed for motorcyclists to filter safely is 20 miles per hour or less. They are also recommended to do it as long as traffic conditions allow.