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Dealing with HOV jumpers and cheaters and left lane sitters


By Tom Pemberton #110334


ONE TOPIC THAT SEEMS TO COME up in each BRC I teach is the subject of HOV lanes. We see confusion in the ranks of new riders about if they can use HOV lanes or not.


Some


HOV signs with “Motorcycles OK” on them prompt this question because not all HOV signs have that wording. At this point, we generally explain


the HOV laws, which many motorcy- clists are unaware, are based upon federal laws. We point out that the reason motorcycles always are allowed in HOV lanes is for safety reasons. Under federal law, Title 23 Chapter


1 § 166 - HOVa facilities, section (b) (2) allows motorcycles in HOV at all times. Under subsection (b) of that section, it further states the only time motorcycles can be restricted from access to HOV lanes is if “safety haz- ards” exist for them in the lane. It also states that if the state must certify with the Secretary of Transportation that motorcycles in that lane create a “safety hazard” to the motorcyclist, and that certification is then published in the Federal Register. As we use the HOV lanes, which I


am encouraging you to do, we often see three types of HOV violators who create real risks for motorcyclists.


Left Lane Sitters This is a common problem not just in HOV lanes. Most states have a law that reads something like: “Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows… when overtaking and passing another vehicle proceeding in the same direc- tion under the rules governing such movement.” (i.e. RCW 46.61.100 –


102 BMW OWNERS NEWS December 2015


Keep right except when passing, etc.) What this means is that the left lane is for


passing. If you are passing the cars in the right lane, you’re good.


If you have a car


behind you going faster than you, move over when it is safe and allow that car to pass. Many drivers seem to think they can stay in the left lane if they are driving at or faster than the speed limit. Not so; they need to move to the right and let the faster traffic pass. On my trip to and back from the 2015


Rally in Billings, Mont., I noted something interesting. All through Idaho and Mon- tana, I didn’t see many Left Lane Sitters. Once I entered Washington State – bingo! – Left Lane Sitters! That does say some- thing about the drivers in the state I live in. How does this create a risk for motorcy-


clists? First, in most states the HOV lane is not considered the Left Lane, when it is located on the left side of the road way, hence, to pass a slow vehicle in that lane you need to move to the right, into the heavy traffic flow, to pass a slow vehicle. Remem- ber the reason federal law allows motorcy- cles in HOV lane is for safety. When a person travels in the HOV lane at less than the a) speed limit, and/or b) slower than the flow of traffic, they are creating a hazard for us. To pass them we need to move to the right into heavy traffic to pass them, thereby increasing our risks.


HOV Jumpers Here we have drivers who are legally in the HOV lane, with enough persons in the car to meet the HOV requirement. The prob- lem, and hazard, is that they are in a hurry and use the HOV lane to beat traffic. They jump in and out of the HOV lane because the vehicles in the HOV lane, which are moving faster than the regular lanes, are not moving fast enough for them. Their


constant lane changing is often into slower traffic, and they must make rapid lane changes, often without signaling or consid- eration of the vehicles in either lane. Their spacing between cars ahead or behind is often far less that what would be considered safe.


This behavior becomes a safety hazard


for motorcyclists using those HOV lanes because of two of the three inherent risks of motorcycle: a) visibility, b) vulnerability and c) stability. This means these individu- als may not see us and if we are in a collision with them, we are the ones who lose.


HOV Cheaters These are drivers who don’t really care about HOV lane rules at all. They seem to think that the HOV lane is like any other left lane, and can be used to pass other vehi- cles. As stated earlier, “…in most states the HOV lane is not considered the left lane…” but these drivers really don’t care and jump in and out of the HOV lane to help them get ahead of the rest of the traffic. Their ran- dom and erratic behavior creates high risks for motorcyclists, and the rest of the legal HOV users. They seldom signal and only stay in the lane to get ahead of the cars in front of them in the regular lanes. Again, especially since these individual are already breaking the law, we have the visibility and vulnerability risks.


HOV/HOT Lanes Seattle-area motorcyclists have a new prob- lem to contend with, the conversion of I-405 HOV lanes between Bellevue and Lynnwood, Wash. to HOV/HOT lanes. HOT lanes are allowed under the Federal Law Section (4) High occupancy toll vehi- cles of that law allows the use of the lanes by vehicle paying a toll. The problem we face is the implementation


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