Under Wisconsin Law, Is Lane Filtering Legal?

Lane Filtering versus Lane Splitting

Lane filtering and lane splitting are different techniques that affect motorcyclists. Lane filtering is when a motorcyclist passes other stopped or slower moving traffic cars. Nearly every day I am stuck in traffic on my bike and I can legally filter to the front of the line where the road opens up. It makes sense. Whether from an environmental or social standpoint, does it really benefit anyone for me to sit in traffic and not be productive? This is legal everywhere in the U.S. except for Montana, North Dakota and South Carolina. Lane splitting is different. This is when the motorcyclist uses the lane between two lines of traffic . Imagine a 4-lane highway and a motorcycle wants to get in the interior lane. The biker has to cross the other lane and must be mindful of anyone coming into his lane. Some people think its dangerous because they fear that the motorcyclist is obscured from their view and might accidently get killed. The fact is there are dozens of road and traffic hazards that kill more motorcyclists than lane splitting. If you have ever witnessed a motorcycle accident, more times than not someone has to be at fault. Lane splitting, however, has shown to reduce accidents by most reports.

Motorcycle Law in the State of Wisconsin

In Wisconsin, the current traffic laws do not include a provision for lane filtering or lane splitting. Wisconsin does not define either doctrine within the Wisconsin Statutes. As a result, neither practice is explicitly permitted nor prohibited on Wisconsin roadways.
Section 346.18(1) of the Wisconsin Statutes incorporates an exclusion from the statutory right-of-way system for motorcycles, stating that this system "do[es] not apply in the event of any collision between a motorcycle and another vehicle."
This provision can be interpreted in support of the conclusion that lane splitting is not allowed in Wisconsin. Under this reading, were motorcyclists permitted to lane split, they would not fall under the statutory rules of right-of-way since they could travel between vehicles. Were they to travel between vehicles with the legal right-of-way, the author would not see how they could collide with another vehicle.
However, with respect to lane filtering, the statute seems to support the conclusion that it is permitted in Wisconsin. Under this interpretation, a motorcyclist would not be moving between stopped vehicles and the lane filtering statute would not apply. Lane filtering would thus fall under a prohibition on stopping in lanes.
This reading of the law may change. Previously, a bill to amend The Wisconsin Statutes to exempt lane filtering from the duty to obey traffic control signals was offered to the Wisconsin State Senate’s Committee on Transportation, Parks and Rural Development in March 2017.
The legislature also proposed other amendments, including one to permit all vehicles other than trucks or trailers to be stopped in a bike lane or side path (provided that the lane or path is not blocked for more than 15 minutes). This bill has not reached a vote.
If these bills pass, lane splitting may be legalized in Wisconsin. In the absence of legislation, however, it is likely that lane splitting as conducted by the author would be interpreted by Wisconsin law enforcement and the Wisconsin courts to be illegal, even if technically possible.

Lane Filtering in Wisconsin: Is it Legal?

Lane filtering is not legally permitted in Wisconsin. According to Wis. Stat. § 346.08, lane filtering is categorized as an improper pass when a motorcycle passes a vehicle that contains a person, animal, or portion of the vehicle within 5 feet from the edge of the road and causes any part of the motorcycle to go outside of the lane of traffic.
The law does provide some exceptions. If the operator of the motorcycle passes a motor vehicle going 20 mph or less, Wis. Stat. § 346.08(2)(a) allows them to pass on the right if it can be done in a safe manner. And Wis. Stat. § 346.08(2)(b) permits the operator to pass on the left when the motor vehicle is stopped, except for an articulated bus in certain situations. However, the law does not specify whether it is legal to split lanes. Again, lane splitting would be considered an improper pass. The penalties for passing improperly down the center line or at the edge of the roadway are $150 plus 2 points against the individual’s record.

Advantages and Disadvantages of Lane Filtering

Advocates of lane splitting assert that it increases road safety. They point to statistics in Baltimore that show that lane splitting declines 20 mph was a standard lane-splitting speed, as well as similar dropoffs in injuries and fatalities. Others have stated that lane splitting will encourage motorcyclists to use those reserved bike lanes increasing traffic flow. As is the case with any new law, there are arguments both for and against allowing lane splitting. Advocates of lane splitting on a national level have touted its potential benefits saying that it can reduce traffic congestion while reducing rider risk. Massachusetts passed a bill to study the practice in 2016. Additionally, Traffic and Grantham Research Institute claim that if motorcyclists are allowed to lane split in congested traffic, it will cut down on rear end crashes that range from 8-25% of all motorcycle accidents. One concern to the legalization of lane splitting is the increased risk it can pose to motorcyclists. The California Office of Traffic and Safety (OTS) has stated in their "2018 Motorcycle Fatalities in California" report that lane splitting is not safe for all California motorcyclists. Motorcyclists are at an increased risk for injury when they are splitting lanes making them more susceptible to dooring, lane change, side swipe, and rear end accidents. Signature Law Group asks that motorcyclists forgo lane splitting in states like Wisconsin where they are not protected from legal repercussions. Another concern is the lack of distinction lane splitting would potentially cause for motorcyclists who may believe splitting lanes is always legal when in fact it is not. In 2011, the Motorcycle Safety Foundation hosted a meeting with over fifty representatives from across the U.S. For many, the points of concern included, "Riders wanted a way to ‘flag’ a lane-split situation, reduce risk while filtering through White Foods parking lots, and the need to enforce the law." In the discussion a rider stated, "I’m guessing most people believe filtering is legal and only think about it when stopped. If traffic slows to less than 10 mph, they just lane split until they don’t have to anymore. The lack of enforcement encourages this…If I’m pulling into a parking lot and someone is blocking one of the aisles, and there are no stripes, am I driving a vehicle? The rider sees no way in and decides they can filter through the space between parked cars, being 3-4 feet away from the driver," and "Lane splitting is a bigger problem than one would think…Most drivers are startled by a motorcycle approaching them from the right or left and often will accommodate filtering by moving into the lane if they notice the motorcycle, but there are drivers who simply do not do this." While the debate is ongoing, motorcyclists in Wisconsin who lane split risk the possibility of prosecution for improper passing of a vehicle while it’s standing. Insurers may also use the practice of lane splitting as a reason to deny coverage.

State by State Comparison

The broader Midwest has followed a similar pattern to Wisconsin when it comes to motorcycle lane splitting. Lane splitting has never been comprehensively regulated by Minnesota law, but Minnesota law does make it illegal to drive outside of a lane of traffic:
Subdivision 1. Lane-use requirements. (a) A driver shall drive in the right-hand lane when the driver is traveling slower than the normal speed of traffic unless otherwise directed by official traffic control devices or except as provided in subdivision 3 or 4. As used in this section, "lane of traffic" means the portion of the roadway: (1) that is prepared for the movement of vehicular traffic; (2) that is marked off with lane markings; or (3) that is designated for the movement of vehicles, bicycles, or pedestrians by authority of a municipal ordinance or charter provision .
Minnesota law does provide an exception for motorcycles:
Subd. 3. Motorcycles. No motor vehicle shall be driven to the left of a solid double line in the roadway except that motorcycles may be driven to the left of a solid double line when, due to traffic conditions, it is unsafe for the motorcycle to remain in the right-hand traffic lane.
Every other Midwestern state has a similar law with at least an explicit exception for motorcycles.
Iowa law allows motorcycles to drive between lanes when stopped in traffic:

321.238 Driving between vehicles prohibited. The operator of a motor vehicle other than a motorcycle against a solid double line shall not drive the motor vehicle in a lane of traffic or space between lanes of traffic unless all other traffic is stopped and the operator is immediately preparing to park the motor vehicle.

Controversy and Advocacy

Presently, there’s a big push by various organizations and individuals to make lane filtering legal in the state of Wisconsin. The Wisconsin Biker Law Blog reached out to several organizations, motorcycle clubs, and individuals. We were able to hear back from Lifestyles Motorcycle Club, Wisconsin ABATE (Chapter 17), and Wisconsin ABATE (Chapter 4). All of them were in agreement that lane filtering should be legalized and that it would improve the current traffic situation for motorcyclists.
The Lifestyles Motorcycle Club is an all-women club based out of the Milwaukee area. They have approximately 30 members across Wisconsin and are a charter of the International Lifestyles Motorcycle Club. While they’ve heard about the lane splitting bill in the Capitol, they haven’t specifically taken a stance on legalization of lane filtering.
The Wisconsin Chapter 17 of ABATE is located in the Fox Valley area. They reported that the ABATE Association is officially registered as a lobbyist in the state of Wisconsin. They also noted that the organization is working closely with legislators in pursuing legalization of lane filtering. One specific member of the organization cited an 80-thousand dollar price tag on a big project to help improve the traffic situation in the state.
Wisconsin Chapter 4 of ABATE covers the Madison and surrounding areas. Just like Chapter 17, they are also officially registered as a lobbyist within the state. Unlike Chapter 17, there are more than 25 chapters of ABATE that are actively lobbying for lane filtering in Wisconsin.
Wisconsin ABATE Stated, ABATE of Wisconsin is working very closely with several legislators in the pursuit of passing legislation regarding lane filtering. We have a great group of lawyers working pro bono on this important topic. Our legislative counsel has only seen one other state where lane splitting is illegal and the law is as dumb as Wisconsin. We need to get this type of legislation passed so we can help alleviate traffic jams".
At this point in time every state that a motorcyclist has to pass through to get to Wisconsin will allow lane splitting. Zonies we will be free as long as we keep our head up and our wits about us.

Motorcycle Safety Advice

Whether or not lane filtering is a statutory option for motorcycle riders, it is wise for motorcyclists to be mindful of their safety and the safety of other vehicles on the road when choosing to filter lanes. Below are some safety tips for motorcycle riders who decide to filter lanes: When filtering lanes, it is important to maintain an appropriate distance behind the vehicle you are passing. Law enforcement recommends leaving at least one foot of space and more where available. Leaving enough distance will also help you maintain speed to safely maneuver your bike without being thrown off balance by sudden stops of the vehicles in front of you. Maintain consistent speed and avoid coming to a complete stop. Slowing down or coming to a stop mid-filter can destabilize a motorcycle and increase the risk of falling over or losing control. It will also slow the flow of traffic and draw attention to yourself , as it is highly unusual for a motorcyclist to come to a stop mid-filter. Keep an eye on your mirrors and maintain vigilance to any other vehicles filtering on the same lane. An experienced motorcyclist knows to check their mirrors often while on the road, but this becomes even more crucial when filtering lanes, as other riders may try to take advantage of the same opportunity. All motorcyclists should be careful about filtering lanes near railways, train tracks and toll booths. Because cars must slow down considerably near these areas, it raises the risk of falling off your bike and losing your balance when riding at a slower speed. It is advisable to skip filtering near railways and toll booths to avoid the risk of an unnecessary accident. Lastly, it is best to avoid filtering at night when visibility is poor. Motorcyclists who must ride after dark should consider filtering during daylight hours only.