Is Lane Splitting Legal in Wisconsin?

Along with a sense of freedom, riding a motorcycle brings important responsibilities and rules every rider must follow. A common topic of debate among motorcyclists is lane splitting. If you’re asking, “Is lane splitting legal in Wisconsin?“—you need to know that no specific laws in Wisconsin ban lane splitting. While the answer is not clear, it is considered illegal.

You can learn more about lane splitting laws in this guide prepared by the knowledgeable motorcycle accident lawyers in our law firm.

What Is Lane Splitting?

When a motorcyclist rides between two lanes of stopped or slow-moving traffic, they are lane splitting. Motorcycle riders use this technique to bypass congestion, save time, and avoid sitting in traffic jams. It can be unsafe when motorcyclists lane split, especially in states where other drivers aren’t accustomed to the practice.

Rules for Motorcyclists: Lane Sharing, Lane Splitting, Lane Filtering, and Shoulder Surfing

Lane splitting (white lining) and its variations, called lane filtering, lane sharing, and shoulder surfing, are not addressed specifically in Wisconsin motorcycle laws.

Lane Sharing

Two motorcycles driving in the same lane side-by-side is lane sharing.

Lane Splitting

Lane splitting happens when a motorcycle moves between two moving vehicles in marked lanes of slow-moving or stopped motor vehicles, traveling in the same direction.

Lane Filtering

Motorcycle filtering refers to moving between two vehicles to move to the front of traffic at a signal or intersection.

Shoulder Surfing

Shoulder surfing means riding a motorcycle on the road’s shoulder to pass other traffic.

Is Lane Splitting Legal in Wisconsin?

Lane splitting is illegal in Wisconsin. The Wisconsin traffic code does not explicitly permit lane splitting and defines proper operation for vehicle drivers as staying within a single lane, not crossing the center line unless it is safe to do so (Wis. Stat. § 346.13).

What Are the Penalties for Improper Lane Usage in Wisconsin?

Violating traffic laws outlined in Wisconsin Statute § 346.13—for example, driving over the speed limit, motorcycle lane splitting, or improperly changing lanes—can result in a fine. For a first offense, the fine ranges from $20 to $40. If you commit another offense within a year, the fine increases to $50 to $100.

Where Is Lane Splitting Legal?

Lane splitting laws vary across the United States. California and Minnesota explicitly allow it. Other states, like Arizona and Colorado, permit variations of lane splitting. Many states remain silent, leaving the practice neither explicitly allowed nor prohibited.

Factors States May Evaluate When Considering Legalizing Lane Splitting

Lawmakers may consider the pros and cons of making lane splitting and its variations, like lane filtering, legal.

Lane-splitting motorcyclists provide multiple benefits, including enhanced safety, reduced traffic congestion (in heavy traffic moving at low speeds), smoother traffic flow, and shorter commute times—as motorcyclists can navigate through congested areas more efficiently. It may also lower pollution levels by minimizing idling times, increasing fuel efficiency, and speeding up commutes. Additionally, a UC Berkeley study found that careful lane splitting can improve motorcycle safety by lowering the risk of a rear-end collision or other motorcycle crash in stop-and-go or stationary traffic conditions.

Lane splitting raises several safety concerns, including the risk of a lane splitting accident caused by side-swiping or collisions with other vehicles. Other drivers who are unfamiliar with lane splitting may react unpredictably and lose control, increasing the danger of motorcycle accidents. Legalizing it could also complicate traffic enforcement, requiring additional training and clearer regulations. Additionally, motorcycle accident cases—such as a personal injury claim—could be increased. Finally, some drivers may view lane splitting as unsafe or unfair, potentially leading to increased road tension.