Understanding Lane Filtering Under Wisconsin Law

Lawyers often think in terms of “Specialized Vehicle Solutions.” In tandem with this, lawyers think about the intricate legal issues that can arise from “everyday” circumstances like traffic laws. It’s not unusual for a person to wonder if something is permissible or legal under Wisconsin law, particularly when it comes to things like lane filtering. Lane filtering is an activity where a motorcyclist (or other user of a motorcycle-type vehicle) may pass several motor vehicles in a row whereby the rider essentially filters their way up towards the front of a line of motor vehicles waiting for an intersection or other type of road blockage. Motorcyclists often enjoy this practice because they think it can actually help to reduce traffic congestion in cities by more efficiently utilizing remaining roadway space. In Wisconsin, comprehensive lane filtering regulations are not currently legal, although there are many motorcyclists who employ it whenever they feel that there is “no one looking” and the risk of being “caught” is low. The reality is that there really aren’t any states that remain “stingy” or aggressive about enforcement of lane filtering. Some states, in fact, may even prohibit it “expressly,” but if you drive around just about any city, you can see it’s pretty common.

As of April 2022, the Wisconsin legislature recently introduced Assembly Bill 105. Essentially, this bill seeks to “legalize” the kind of lane splitting behavior that has been commonly utilized by members of particular parts of the motorcycle community, even in the face of existing laws in Wisconsin. Like many legislative proposals, this proposal has both supporters and detractors. It seems likely that many motorcyclists would enjoy having a clear “legal right” to undertake lane filtering and a law that would shield them from liability in the event of an accident (which is currently quite possible given what can be explained about liability versus fault under the format of Wisconsin traffic law and insurance claims). However, it is also possible, depending upon how any envisioned “lane filtering law” is ultimately structured, that these kinds of regulations could be used to create potentially serious issues related to collector vehicles and/or flip vehicle collector markets that are common already in Wisconsin. Motorcyclists also view lane filtering as a way to “ride around” collectors and owners of vintage vehicles on Wisconsin highways or in neighborhoods. Ultimately, it is yet to be determined how such a law (if it’s passed) would be enforced and how collectors, motorsport enthusiasts, vintage vehicle collectors, and motorcyclists would respond. “Specialized Vehicle Solutions” may be able to help those who have claims related to clear liability on the roads. However, it is also important to stay apprised of how such laws in Wisconsin will be revised, amended, or passed in the near future. With things like “lane filtering,” there are clearly several sides to this issue. It will be interesting to see how the Wisconsin legislature approaches the subject.

The current state of Wisconsin “traffic law” makes it fairly clear that lane filtering is not “legal.” Instead, common understandings about this term mean that a motorcyclist would be breaking Wisconsin traffic law if they were to “cut through” lanes in traffic in order to get to the front of a line of vehicles waiting at an intersection. Most people in the motorcycle community view this as a good way to reduce the impact of traffic congestion, but it may also lead to some reduction in safety.

This may lead to an interesting collision between the realities of popular motorcycling culture, the realities of safety, and the goals of existing traffic law. Although the Wisconsin legislature may move forward with some initiatives related to the legality of lane filtering, the realities of everyday road use will always provide challenges for the law.