By Sami Sedghani, Pharm.D., J.D. · Synergist Law, P.C. · San Rafael, California · Updated October 29, 2026
This article provides general information only about California motorcycle laws. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. For advice about your situation, consult a licensed California attorney.
Is lane splitting legal in California? Yes. California Vehicle Code section 21658.1 defines lane splitting, and the California Highway Patrol states that lane splitting by motorcyclists is legal in California. The statute sets no lane-splitting speed limit, but other traffic laws still apply to the rider and to the drivers around the motorcycle.
Is lane splitting legal in California?
Yes. Lane splitting is legal in California. Vehicle Code section 21658.1, in effect since January 1, 2017, defines the practice. The California Highway Patrol (CHP) tells drivers directly that lane splitting by motorcyclists is legal in California. The rider must still follow the basic speed law and every other traffic rule.
What does the California lane splitting law say?
The California lane splitting law is short. Under Vehicle Code section 21658.1(a), lane splitting means driving a motorcycle that has two wheels in contact with the ground between rows of stopped or moving vehicles in the same lane. It covers both divided and undivided streets, roads, and highways.
The rest of the statute is about education, not enforcement:
- Subdivision (b) says the CHP “may develop educational guidelines relating to lane splitting” to protect the motorcyclist and the people in surrounding vehicles.
- Subdivision (c) requires the CHP to consult other agencies when it develops those guidelines. They include the Department of Motor Vehicles (DMV), the Department of Transportation (Caltrans), the Office of Traffic Safety (OTS), and a motorcycle organization focused on motorcyclist safety.
When did lane splitting become legal in California?
Lane splitting was not prohibited by California statute before 2017, but it had no legal definition. That changed with Assembly Bill 51, which the Governor approved on August 19, 2016, as Chapter 141, Statutes of 2016. AB 51 added Vehicle Code section 21658.1, which took effect on January 1, 2017.
The bill history shows the final version passed the Senate 38 to 0 and the Assembly concurred 74 to 0 in August 2016.
Why is lane splitting legal in California?
Lane splitting is legal in California because no statute prohibits it. The Senate Transportation and Housing Committee analysis of AB 51 records the author’s statement that existing law was silent and that, because no statute specifically prohibited lane splitting, it was allowed with no restrictions. AB 51 then defined the practice and authorized CHP safety guidelines.
The same committee analysis explains the background:
- Earlier guidelines were withdrawn. The CHP posted lane-splitting guidelines in 2013, and they were printed in the 2014 DMV Motorcycle Handbook. After a complaint argued they had been adopted without a public process, the CHP removed them, and the DMV and OTS followed.
- A speed cap was dropped. The version that passed the Assembly would have allowed lane splitting only at 50 miles per hour or less and no more than 15 miles per hour faster than traffic. Those limits were removed in the Senate, and the enacted statute contains no speed numbers.
Can you lane split in California at any speed?
No. You can lane split in California, but never at a speed that is unsafe. Vehicle Code section 22350, the basic speed law, bars driving faster than is reasonable or prudent for weather, visibility, traffic, and the road’s surface and width. Section 21658.1 itself contains no lane-splitting speed limit.
The CHP’s current lane-splitting safety tips do not give a number either. They warn that the risk of death or serious injury in a lane-splitting collision increases as speed and speed differential (the gap between the motorcycle’s speed and the speed of surrounding traffic) increase. The CHP also advises riders to:
- Consider the total environment, including lane width, the size of nearby vehicles, and road, weather, and lighting conditions.
- Split between the far left lanes, which the CHP says is typically safer than splitting between other lanes.
- Avoid splitting next to large vehicles such as big rigs, buses, and motorhomes.
- Stay out of blind spots and wear brightly colored or reflective gear.
Can motorcycles split lanes in California on every road?
Two-wheeled motorcycles can split lanes in California on freeways and on surface streets. Vehicle Code section 21658.1 covers both divided and undivided streets, roads, and highways. The definition does not cover a motorcycle with three wheels on the ground, and riding on the shoulder is not lane splitting. Local conditions and the basic speed law still apply.
Vehicle Code section 21755(a) allows passing on the right only when it is safe, and never by driving off the paved or main-traveled portion of the roadway.
Common misconceptions about lane splitting California drivers and riders still hear
Several claims about lane splitting do not match California law or the CHP’s published guidance.
- “There is a legal lane-splitting speed limit.” No. Section 21658.1 sets no speed. A 50 mph and 15 mph cap appeared in an earlier version of AB 51 but was removed before enactment. The basic speed law still applies.
- “Lane splitting is only allowed in stopped traffic.” No. The statute defines lane splitting as riding between rows of “stopped or moving vehicles.”
- “Lane splitting is only legal on freeways.” No. The definition expressly covers divided and undivided streets, roads, and highways.
- “Riding the shoulder counts as lane splitting.” No. The CHP says riding on the shoulder is illegal and is not lane splitting, and section 21755 bars passing by driving off the paved or main-traveled roadway.
- “Drivers may block a lane-splitting motorcycle on purpose.” The CHP states that intentionally blocking or impeding a motorcyclist in a way that could cause harm is illegal. It also says opening a door to impede a motorcyclist is illegal.
- “A rider who was lane splitting cannot recover anything after a crash.” No. California uses pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, so a rider’s share of fault reduces damages rather than barring them.
What must drivers do when a motorcycle is lane splitting in California?
California drivers must stay in their lane until a move is reasonably safe and must signal when another vehicle may be affected. The CHP also states that intentionally blocking or impeding a motorcyclist in a way that could cause harm is illegal.
Vehicle Code section 21658(a) sets the lane rule for roads divided into two or more marked lanes for traffic in one direction. On those roads, a vehicle must be driven as nearly as practical entirely within one lane. It may not be moved out of that lane until the move can be made with reasonable safety.
Other rules that apply to drivers near a motorcycle:
- Signal and look. Section 22107 bars moving right or left until it can be done with reasonable safety, and requires a signal when any other vehicle may be affected.
- Doors. Section 22517 allows a door on the side facing moving traffic to be opened only when that is reasonably safe and will not interfere with the traffic.
- Give room. The CHP asks drivers in the far left lane to move to the left side of their lane to give motorcyclists room to pass.
Who is at fault in a lane-splitting crash in California?
Fault in a California lane-splitting crash depends on how each person moved, not on the fact of lane splitting alone. California uses pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Comparative fault means each person’s share of responsibility is weighed, and an injured person’s damages are reduced by their own share rather than barred.
The questions are concrete. Did the driver change lanes without checking or signaling, as sections 21658(a) and 22107 require? Was the rider’s speed reasonable under section 22350? The crash report and any video can help answer them, along with the damage to each vehicle. A motorcycle accident lawyer in Marin County can explain how these rules apply to a specific crash.
Does California have a motorcycle helmet law?
Yes. The California motorcycle helmet law, Vehicle Code section 27803, requires the driver and any passenger to wear a safety helmet when riding a motorcycle on the highway. The statute contains no age exception. It does exempt certain fully enclosed three-wheeled vehicles. A helmet counts as worn only when its straps are buckled and it sits snugly on the head, with no excessive side-to-side or up-and-down play.
Helmet details riders often ask about:
- The standard. Section 27802 builds Federal Motor Vehicle Safety Standard No. 218 into the state’s helmet rules. A helmet sold for motorcycle use carries the federal label, and that label serves as the manufacturer’s certification.
- History. The CHP notes that the helmet law took effect on January 1, 1992, and that repeated attempts to limit it to younger riders have failed in the Legislature.
Neither section 27802 nor section 27803 says how a missing or loose helmet affects an injury claim. Head injuries after a crash are the subject of our traumatic brain injury page.
What are the California motorcycle insurance requirements?
California motorcycle insurance requirements match those for other motor vehicles. Under Vehicle Code section 16020, every driver and owner must be able to show financial responsibility, such as through a liability insurance policy. For policies issued or renewed on or after January 1, 2025, section 16056 sets minimums of $30,000 per person, $60,000 per accident, and $15,000 for property damage.
A motorcycle is a motor vehicle under section 400, so these rules apply to riders. Section 16056(d) schedules a further increase for policies issued or renewed on or after January 1, 2035. Your own uninsured and underinsured motorist coverage can matter if the other driver carries little or none. Our article on uninsured and underinsured motorist claims in California explains how those claims work.
What happens if you ride uninsured in California?
An uninsured rider can lose part of an injury claim. Civil Code section 3333.4, adopted through Proposition 213, blocks recovery of non-economic damages, meaning pain, suffering, and other non-financial losses. It applies to an owner whose vehicle lacked the required insurance and to an operator who cannot establish financial responsibility. It also applies to an injured person who was driving under the influence at the time and was convicted of that offense. Economic damages, like medical expenses and lost wages, fall outside the bar.
The rule has limits. Under subdivision (c), an uninsured owner keeps the right to non-economic damages against a motorist who was driving under the influence at the time and was later convicted of that offense. In Hodges v. Superior Court (1999) 21 Cal.4th 109, the California Supreme Court ruled that section 3333.4 does not reach a product liability claim against a vehicle manufacturer. For a rider who owned the motorcycle and was also riding it, the facts decide how these limits work.
Other California motorcycle laws riders should know
Beyond lane splitting, other California motorcycle laws cover helmets, insurance, licenses, passengers, and equipment. This table summarizes rules from the California Vehicle Code and the CHP’s published guidance.
| Topic | California rule | Source |
|---|---|---|
| Lane splitting | Defined for motorcycles with two wheels on the ground; no statutory speed limit | Veh. Code § 21658.1 |
| Shoulder riding | Not lane splitting; passing off the paved or main-traveled roadway is barred | Veh. Code § 21755; CHP |
| Helmets | Required for the driver and any passenger; must be fastened and fit securely | Veh. Code § 27803 |
| Insurance minimums | $30,000 / $60,000 bodily injury and $15,000 property damage (policies issued or renewed on or after Jan. 1, 2025) | Veh. Code § 16056 |
| License | Class M1 for two-wheel motorcycles; Class M2 for mopeds and motorized bicycles | Veh. Code § 12804.9 |
| Riders under 21 | Must complete a novice motorcycle safety training program before an M1 or M2 license is issued | Veh. Code § 12804.9(i) |
| Passengers | Only on a securely fastened seat behind the driver with footrests, or in a sidecar; feet on footrests while moving | Veh. Code § 27800 |
| Handlebars and seat | Grips no more than six inches above shoulder height; driver must be able to reach the ground when seated | Veh. Code § 27801 |
What motorcycle license do you need in California?
You need a Class M1 license or endorsement to ride a two-wheel motorcycle in California. Under Vehicle Code section 12804.9, Class M2 covers mopeds and motorized bicycles, and an M1 holder may also ride M2 vehicles. A rider under 21 must complete a novice motorcycle safety training program before receiving either class.
The DMV adds that applicants under 21 must hold an instruction permit for at least six months. They must also complete the CHP’s California Motorcyclist Safety Program course. The CHP describes that course as 15 hours, including 10 hours of riding.
Lane splitting on Highway 101 and Marin County roads
Vehicle Code section 21658.1 covers divided and undivided highways, so its definition applies on Marin freeways and local roads alike. The CHP has primary responsibility for enforcement and crash investigation on state highways built as freeways under Vehicle Code section 2400(d). Crashes on the freeway stretches of Highway 101 in Marin are generally handled by the CHP’s Marin Area office in Corte Madera.
The 2024 Marin County Local Road Safety Plan reviewed injury and fatal collisions from 2017 through 2021 on Marin’s non-state arterial and collector roads. Motorcyclists were involved in 7% of those collisions. Their share rose to 13% of the collisions that killed or seriously injured someone. Because the plan counted only non-state roads, Highway 101 fell outside it. The OTS 2023 Marin County rankings list 89 motorcyclists killed and injured in the county. Local crash data is also on our Marin County personal injury page.
Frequently asked questions about lane splitting and California motorcycle laws
Is splitting lanes legal in California for every motorcycle?
California’s lane-splitting statute covers only a motorcycle with two wheels in contact with the ground. Vehicle Code section 21658.1 defines lane splitting that way. A three-wheeled motorcycle, or a motorcycle with a sidecar, is still a motorcycle under section 400 but falls outside the lane-splitting definition. On roads with two or more marked lanes in one direction, section 21658(a) requires each vehicle to keep as nearly as practical entirely within one lane.
Is there a speed limit for lane splitting in California?
No statute sets a lane-splitting speed limit in California. Vehicle Code section 21658.1 contains no speed numbers. The basic speed law in section 22350 still applies. CHP safety tips warn that the risk of death or serious injury increases as overall speed and the speed difference between the motorcycle and traffic increase.
Can a driver legally block a motorcycle that is lane splitting?
Not in a way that could cause harm. The California Highway Patrol states that intentionally blocking or impeding a motorcyclist in a way that could cause harm to the rider is illegal, and that opening a door to impede a motorcyclist is illegal. Separately, Vehicle Code section 22517 prohibits opening a door on the side facing moving traffic unless that is reasonably safe and will not interfere with the traffic.
Does the California motorcycle helmet law apply to passengers?
Yes. Vehicle Code section 27803 requires both the driver and any passenger to wear a compliant safety helmet when riding a motorcycle on the highway. It is unlawful to operate the motorcycle, or to ride as a passenger, if anyone on it is not wearing one. The helmet must be fastened and fit securely to count as worn.
Can I recover damages if I was lane splitting when I was hit?
Lane splitting does not by itself bar a claim in California. Under the pure comparative fault rule of Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, a rider who shares some of the fault still recovers, with damages reduced in proportion to that share. Fault turns on how each person moved, including whether the driver changed lanes safely and whether the rider’s speed was reasonable.
Can you ride a motorcycle in California with a regular driver’s license?
Not for a two-wheel motorcycle. Vehicle Code section 12804.9 excludes two-wheel motorcycles from a Class C license. You need a Class M1 license or an M1 endorsement on a Class A, B, or C license. Riders under 21 must first complete a novice motorcycle safety training program, and the DMV requires them to hold an instruction permit for at least six months.
How long do I have to file a claim after a motorcycle crash in California?
California generally gives an injured person two years from the injury to file a lawsuit, under Code of Civil Procedure section 335.1. Claims against a public entity, such as a claim over a dangerous road condition, generally have to be presented within six months under Government Code section 911.2. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
Talk with a motorcycle accident lawyer in Marin County
If you were hurt in a lane-splitting crash or another motorcycle collision, we can review the crash report, the insurance, and the medical records with you. Synergist Law is led by Sami Sedghani, Pharm.D., J.D., who trained as a pharmacist at UCSF and spent nine years at large law firms representing companies before founding the firm. Learn more on our page for a motorcycle accident lawyer in Marin County, or see our car accident page and truck accident page.
Call (415) 835-4448 or request a free consultation. More answers are on our personal injury FAQ page, and our guide to personal injury lawyer fees in California explains how injury lawyers charge. Se habla español. Office: 1299 4th Street, Suite 301, San Rafael, CA 94901.
California motorcycle laws, insurance minimums, and agency guidance described here may change after October 29, 2026. Every case turns on its own facts, and nothing in this article predicts any outcome in your matter.
