Is it legal for motorcycles to drive between cars in North Carolina?

Brayden Stamps
·5 min read
9

HIGH POINT, N.C. (WGHP) — If you’re a frequent motorist in North Carolina, odds are you have encountered many motorcyclists during your travels.

There’s also a good chance that you have seen a motorcyclist travel in between lanes of traffic and cars in an effort to reach their destination faster. Perhaps you have even been that motorcyclist.

These are 10 little-known North Carolina traffic laws

You may have wondered to yourself in those moments, is it legal in North Carolina for motorcycles to drive in between lanes of traffic?

Editor’s Note: If you need legal advice, you should contact an attorney. The information in this article is for general informational purposes only and does not, and is not intended to, constitute legal advice.

What do the General Statutes say?

North Carolina General Statutes do not specifically address motorcycles traveling in between cars or, as the act is sometimes known, “lane splitting.” That said, just because it is not mentioned by name does not mean it is legal. Several statutes shed some light on what is and is not legal for bikers to do on the road.

According to NCGS § 20‑146.1, “all motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.”

That statute does come with an exception, however, as motorcycles are allowed to “operate two abreast in a single lane.” Two abreast refers to two motorcycles driving parallel to one another in the same lane.

General Statute does outline what is and is not legal when it comes to passing vehicles, referred to in North Carolina laws as “overtaking” vehicles.

According to NCGS § 20‑146, all drivers must travel on the right side of the highway unless they are:

  • overtaking a vehicle traveling in the same direction when allowed,

  • when there is an obstruction in the way and

  • when there are three marked lanes for traffic.

NCGS § 20‑149 further specifies, when passing another vehicle on the road, drivers must leave at least two feet of space to the left of the vehicle they are passing.

NCGS § 20‑150 says, if there is signage that forbids passing, it is still legal to pass a bicycle or moped if the bicycle or moped is traveling in the same direction as the faster-moving vehicle and if the driver provides at least four feet of space to the left or if the bicycle/moped enter the left lane of the highway to allow the faster-moving vehicle to pass.

It is illegal in most circumstances to pass a vehicle on the right. NCGS § 20‑150.1 states that the exceptions to that are as follows:

  • When passing a vehicle that is in a left turn lane

  • On a street or highway marked with two or more lanes in each direction, provided the right lane is not obstructed or occupied by parked vehicles

  • On a highway with traffic restricted to one direction or one‑way street, so long as the road is marked for two or more lanes and there are no parked vehicles or obstructions

  • When driving in a right turn lane during a red traffic signal light

What does the North Carolina Department of Transportation say?

According to the North Carolina Department of Transportation Motorcyclists’ Handbook, “cars and motorcycles need a full lane to operate safely.” And NCGS § 20‑154 says all drivers must make sure that any maneuvers “can be made in safety” before “starting, stopping or turning from a direct line.”

The handbook says the best practice when passing other cars is to fully move into the left lane and accelerate while not crowding the car that you are passing. The suggestion inherently advises against the practice of passing cars in between lanes.

The Motorcyclists’ Handbook also recommends staying in the center portion of the lane when being passed by another vehicle to increase the visibility of your motorcycle.

The handbook says that riding in between cars “can leave you vulnerable to the unexpected” and that you should “discourage lane-sharing by others.” It also says that “cars and motorcycles need a full lane to operate safely.”

The handbook states that lane sharing “is usually prohibited.” As established earlier, it is legal for two motorcycles to ride side-by-side in the same lane.

What’s the verdict?

Again, if you need legal advice, you should contact an attorney. The information in this article is for general informational purposes only and does not, and is not intended to, constitute legal advice.

According to the Law Offices of James Scott Farrin, “your chances of punishment may depend on how you did it,” but the firm states clearly that lane splitting and lane filtering, which involves riding a motorcycle between slower-moving or stationary traffic, are both illegal.

While no section in the General Statutes states simply that “driving a motorcycle in between lanes is illegal,” North Carolina views the practice as unsafe, and unsafe driving is illegal.

It should also be noted that NCGS § 20‑140 defines reckless driving as “any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.”

Reckless driving also applies to “any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.”

If a motorcyclist passes another vehicle recklessly, the rider could face a reckless driving charge from a law enforcement officer.

It should be noted that lane splitting is outright illegal in the overwhelming majority of states. In most other, it is not codified and is up to law enforcement’s discretion. In fact, California is the only state in the country where lane splitting is currently expressly legal.

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