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28 October 2024

Lane Splitting In Toronto: The Good And The Bad.

Boland Romaine LLP

Contributor

Boland Romaine Personal Injury Lawyers is one of Ontario’s most respected injury firms with over 40 years of trial experience. Voted as one of the top 10 personal injury firms by Canadian Lawyer Magazine, Boland Romaine’s lawyers have represented the province’s most vulnerable injured victims in court and won.
Motorcycle riders in Ontario, like those elsewhere, often face traffic congestion, especially during peak hours in cities such as Toronto and Ottawa.
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Motorcycle riders in Ontario, like those elsewhere, often face traffic congestion, especially during peak hours in cities such as Toronto and Ottawa. This has led to the discussion of lane splitting—a practice where motorcyclists ride between lanes of slow-moving or stopped vehicles to bypass traffic jams. While lane splitting is common in some parts of the world, motorcyclists in Ontario and North America may face charges in some circumstances for lane splitting.

This blog explores the current legal status of lane splitting in Ontario, its safety implications, and the ongoing debate about whether the province should consider legalizing the practice.

What is Lane Splitting?

Lane splitting, sometimes referred to as "white-lining" or "filtering," involves a motorcyclist riding between two lanes of traffic moving in the same direction. This is typically done when traffic is congested or moving slowly, and motorcyclists use the space between cars to navigate through the jam.

Advocates of lane splitting argue that it helps reduce traffic congestion, shortens travel times for motorcyclists, and can even enhance rider safety in certain conditions. Detractors, however, believe that the practice is dangerous because it involves weaving through traffic and is perceived as an aggressive maneuver that can catch drivers off guard.

The Legal Status of Lane Splitting in Ontario

Lane splitting falls within a legal gray area. Although Ontario's Highway Traffic Act, R.S.O. 1990 c. H.8("HTA") does not make specific or express reference to "lane splitting," the common elements of lane splitting may fall outside of the type of driver behaviour permitted under Ontario's Rules of the Road. For example, the HTA requires vehicles to stay within a single lane and sets out express circumstances under which a motorist can legally exit that lane to pass another vehicle traveling in the same direction.

In particular, Ontario's laws emphasize that:

  • Motorcycles must follow the same traffic rules as cars.
  • Changing lanes without signaling, and moving between vehicles in a non-designated lane, violates road safety regulations.

Motorcyclists caught lane splitting in Ontario may face fines, penalties, or demerit points on their license. Police may also interpret lane splitting as dangerous driving, which can result in more severe penalties under Ontario's aggressive driving laws.

Why is Lane Splitting Controversial?

Lane splitting is a polarizing topic among both motorcyclists and other road users. There are several reasons why lane splitting remains a topic of heated debate:

  • Perceived Danger: Many drivers view lane splitting as a dangerous practice. The act of riding between lanes increases the risk of collisions, especially in areas where cars may suddenly change lanes, open doors, or fail to check blind spots.
  • Unpredictability: Car drivers may not expect a motorcyclist to appear between lanes, especially in regions where lane splitting is not common. This unpredictability can lead to accidents if a driver suddenly swerves or changes lanes without warning.
  • Aggression: Lane splitting is sometimes perceived as a form of aggressive riding, particularly when it is done at high speeds. Drivers may see it as a motorcyclist's attempt to "cut in line" during heavy traffic, leading to road rage incidents or conflicts between motorists and riders.

Despite these concerns, advocates of lane splitting argue that with proper regulations and rider education, the practice can actually enhance road safety.

The Case for Legalizing Lane Splitting in Ontario

Supporters of legalizing lane splitting in Ontario argue that the practice has several benefits, both for motorcyclists and for traffic flow as a whole.

1. Reduced Traffic Congestion

Lane splitting can help ease traffic congestion by allowing motorcyclists to bypass jams, thus freeing up space for other vehicles. In cities with high traffic density, lane splitting can serve as a practical solution to minimize gridlock.

2. Improved Rider Safety

Proponents argue that lane splitting can improve motorcycle safety by reducing the likelihood of rear-end collisions, which are among the most common types of accidents for motorcyclists in stop-and-go traffic. Instead of sitting in a line of traffic where they are vulnerable to being hit from behind, riders can move ahead and reduce the risk of such collisions.

3. Environmental Benefits

Motorcycles tend to be more fuel-efficient than cars, and allowing lane splitting can encourage more people to use motorcycles, which could lead to a reduction in overall emissions and fuel consumption in urban areas.

4. Time-Saving for Riders

Lane splitting allows motorcyclists to save time by avoiding the slow-moving lanes of congested traffic. In heavily congested areas, this can be a significant time-saver for commuters.

Arguments Against Lane Splitting

Despite the potential benefits, many opponents argue that lane splitting should remain illegal in Ontario. Some key points raised by opponents include:

1. Increased Risk of Accidents

Critics believe that lane splitting increases the risk of accidents, particularly in regions like Ontario, where drivers are not used to the practice. Sudden lane changes or drivers opening doors without looking can result in serious injuries for motorcyclists weaving through traffic.

2. Driver Confusion

Since lane splitting is not currently part of Ontario's driving culture, many car drivers may not anticipate motorcycles passing between lanes. This lack of awareness increases the likelihood of collisions.

3. Aggressive Riding

Opponents of lane splitting argue that it encourages aggressive behavior from motorcyclists, especially those who may try to navigate traffic at high speeds. While lane splitting is often advocated as a low-speed maneuver, there is concern that some riders will exploit the practice and engage in dangerous high-speed weaving.

Safety Considerations and Best Practices

For jurisdictions where lane splitting is legal or accepted, there are several safety guidelines that can help minimize the risks associated with the practice:

  • Speed Control: Lane splitting should be done at low speeds, typically no more than 10-15 km/h faster than surrounding traffic. Speeding between cars can lead to accidents, particularly if a driver makes a sudden lane change.
  • Awareness: Motorcyclists should always be aware of their surroundings, including blind spots and the behavior of drivers around them. It's essential to avoid lingering next to vehicles for too long and to constantly scan the road for hazards.
  • Proper Lane Selection: Lane splitting should only be done between the far-left lanes of traffic. This minimizes the chances of drivers making sudden right turns or opening doors into the motorcyclist's path.
  • Driver Education: In areas where lane splitting is legal, educating drivers about the practice is essential. Public awareness campaigns can help prevent accidents by ensuring drivers know to check for motorcycles when changing lanes or opening doors.

The Future of Lane Splitting in Ontario

The debate over whether Ontario should legalize lane splitting is ongoing. While some motorcyclist advocacy groups argue for its benefits, the provincial government has yet to take steps toward legalization. To date, there has been no significant move to amend the Ontario Highway Traffic Act, R.S.O. 1990, c. H. 8 to allow lane splitting, although discussions have emerged from time to time.

In the future, Ontario may consider pilot programs or studies to determine whether lane splitting could be implemented safely in certain areas or under specific conditions. For now, however, lane splitting remains illegal, and motorcyclists must adhere to the rules of the road, remaining within their designated lanes.

Toronto Motorcycle Accident Lawyers

Motorcycle accidents in Toronto are a significant concern, particularly given the high traffic volumes and the mix of different road users in the city. Motorcyclists are at greater risk of injury compared to car drivers, primarily due to the limited protection that motorcycles offer. Common causes of motorcycle accidents in Toronto include collisions with cars at intersections, drivers failing to notice motorcycles in blind spots, and hazardous road conditions. In recent years, Toronto has seen an increase in motorcycle-related accidents, with several fatal incidents each year.

If you have been involved in a motorcycle accident, give our Toronto motorcycle accident lawyers a call today at 1-844-837-6583

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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