SECTION 1. Section 21658.5 is added to the Vehicle Code, to read: 21658.5. (a) Notwithstanding any other law, and except as provided in subdivision (b), when a highway has been divided into three or more clearly marked lanes for traffic traveling in the same direction, a person operating a motorcycle shall not pass another vehicle in a portion of a lane occupied by that vehicle unless the following conditions are met: (1) The passing occurs during traffic congestion. (2) The passing occurs at a safe speed. (b) This section does not apply to a peace officer in the performance of official duties.
According to brief articles in this month's City Bike and the AMA News site, no action will be taken in 2013 until the results of a U.C. Berkeley lane sharing safety study are completed. For more information search for sb-350 on the LaneSplittingIsLegal.com web site. There is also a BARF thread and information on the ABATE web site.
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