A new law is going into effect Saturday, Sept. 24 that allows motorcyclists to only lane filter between stopped vehicles. There were about 163 fatal accidents, 21 killed and 1,454 injured in 2021 due to motorcycle accidents in Arizona, according to 2021 Crash Facts (azdot.gov).
Local lawyer and Arizona native David Carey Shapiro provides the following insight into what this law means for motorcyclists and car drivers alike. He says Arizona motorcyclists will have a bit more leeway on the roads starting today. Shapiro is founder and attorney of the Shapiro Law Team. He says the new law will allow motorcycle enthusiasts to lane filter between stopped cars to move in front of traffic at a stop light.
Here is his breakdown of what it all means:
What is the difference between lane filtering and lane splitting?
While similar, lane filtering and lane splitting are distinct. Lane splitting refers to when a motorcycle rides between two lanes of moving traffic flowing in the same direction. Lane filtering refers to the practice of riding a motorcycle between stopped vehicles in order to get to the front of the pack. This is most frequently seen at intersections. While unlawful lane splitting does occur on the roads, lane filtering is the more commonly seen maneuver. Four states have legalized lane filtering. The list includes Arizona, Hawaii, Montana and Utah.
Can you tell us about SB 1273, the law that allows motorcycle riders to pass a car stopped in the same lane and go between lanes of traffic, also known as lane filtering? What is the difference between lane filtering and lane splitting?
SB 1273 has essentially codified and formally legalized the once informal practice of lane filtering. For example, if cars moving in the same direction, on a street or highway that has multiple lanes of travel moving in the same direction, come to a halt and a motorcycle is driving in one of those lanes of traffic, SB 1273 allows a motorcyclist to go between the two lanes of traffic (i.e., “ride the marks”) and move to the front of the pack of the stopped traffic.
What conditions under this law allow for lane filtering?
- Cars must be safely stopped and traveling the same direction as the motorcycle.
- The posted speed limit must be 45 mph or less.
- The rider can go no faster than 15 mph between the stopped vehicles.
What are some of the key points about this law that people should think about?
It is important to note that this bill works in conjunction with 28-903, which affords motorcyclists the full use of a lane. Thus, SB 1273 does not allow for a smaller vehicle and motorcycle to share the same horizontal spot in a lane at the same time. It is also important to note that this bill does not legalize lane splitting, it only legalizes lane filtering.
Are there any stipulations/limits to this law? Does SB 1273 allow lane filtering on all types of roads?
- The roadway must be divided into two or more clearly marked lanes for traffic moving in the same direction.
- Lane filtering does not allow motorcyclists to pass the car in front of them, using the same lane the car and motorcycle are already traveling in (i.e., “skinny pass”).
- The law does not allow for more than two motorcycles to operate abreast in the same lane.
SB 1273 allows for lane filtering on any type of road if the road has at least two lanes of traffic moving in the same direction and the posted speed limit is 45 mph or less.
How will this law protect motorcyclists?
The most common type of accident is a rear-end collision. They make up 40% of accidents. Many rear-ends occur while motorists are sitting at a stop light. While most vehicles are built to withstand a minor fender bender, there is no such thing as a minor fender bender when a motorcycle is involved. Allowing motorcyclists to lane filter allows bikers to protect against the inattention of other road users.
How are motorists, the daily car driver, protected under the law?
The law is mainly to protect motorcyclists and not really for protecting the daily car driver.
General pros:
- Speeds up traffic for all motorists even though many drivers see this as “queue jumping” for motorcyclists. However, by allowing the bike to get to the front of the pack and quickly accelerate away when the light turns green, cars inevitably end up waiting in line less because there is one less unit of traffic to wait for when the light turns green.
- Environmental benefits by having cars wait less time in line at a stopped light.
Also, the law still puts a burden on the motorcyclists to only lane filter when it is safe to do so. Failure to be aware of the road conditions will still result in a citation for the motorcyclists. Also, the new law mandates that motorcyclists travel 15 mph or less when lane filtering to prevent motorcycles from inadvertently clipping vehicles mirror as they pass.
How can cars be more aware of motorcyclists to prevent accidents?
- Check rear-view mirrors when stopped at intersections.
- Always drive the speed limit to give yourself optimal time to avoid an accident with a motorcycle.
- Give extra room and time to motorcycles as it is easy to misjudge their speed.
- Use caution when opening the door of a parked vehicle, especially in areas of heavy traffic.
- Pay attention to motorcyclist hand signals as this is often how they show other drivers their intentions to change lanes.
Does this law apply to all motorcyclists, including three-wheelers?
This law only applies to operators of a “two-wheeled motorcycle” so no it does not apply to three-wheelers.
Can you tell us a bit about your background?
After graduating from University of Arizona as an undergraduate, Shapiro attended Arizona State University Law School. While in law school, he clerked for multiple superior court judges which gave him an initial comfort with being in the courtroom. Since graduating law school and passing the bar, Shapiro has been practicing exclusively in plaintiff’s personal injury work for over 10 years. After law school, he worked under his longtime mentor at a small personal injury firm, which gave him the opportunity to fast track his litigation skills while also dealing with clients on a very personal level. After winning a multimillion-dollar verdict in a medical malpractice lawsuit, Shapiro had the courage to open his own personal injury firm in Scottsdale. What was once a small operation with just a few brave employees has quickly transitioned into one of the most formidable personal injury firms, specializing in serious accidents in the Valley.
