There isn’t a specific offence in Ontario called lane splitting or lane filtering. Unlike California, where lane splitting is specifically permitted under certain circumstances, Ontario has no law that expressly allows or prohibits it.
Instead, an officer looks at how the motorcycle is being ridden.
Depending on the circumstances, a rider could be charged with careless driving, stunt driving, or, in the most serious cases, dangerous operation under the Criminal Code. The charge depends on the rider’s actions and the level of risk they created.
Lane splitting usually refers to riding between lanes of moving traffic. It’s an extremely risky practice because you’re putting three vehicles into a space designed for two, and drivers simply are not expecting a motorcycle to appear between them. That surprise factor is one of the reasons collisions happen.
Lane filtering is a little different. It generally means moving slowly between stopped or very slow traffic, often approaching a red light. While it is generally less risky than lane splitting at speed, it can still result in charges if it’s done in a way that is unsafe or contrary to the rules of the road.
People often point out that lane splitting is legal in some U.S. jurisdictions, and they’re right. California is the best known example, and a few other states have adopted some form of lane splitting or lane filtering. Even there, though, the guidance from the California Highway Patrol emphasizes that just because it’s legal does not mean it’s always safe.
The one situation where I understand why riders do it is when they’re the last vehicle stopped at a red light. Motorcyclists are especially vulnerable to being struck from behind by a distracted driver. Carefully moving ahead a car length or two to get out of that potential crush zone is very different from riding to the front of the line to bypass traffic. The goal isn’t to skip the queue, it’s to avoid becoming someone’s hood ornament.
As always, every situation is judged on its own facts, and the officer’s decision will depend on what they observed.
In terms of the consequences of a conviction for possible charges:
* Careless Driving (HTA s. 130), if the rider’s actions show a lack of due care and attention or reasonable consideration for others.
* Fine of up to $2,000
* 6 demerit points
* Up to 6 months in jail
* Licence suspension of up to 2 years upon conviction.
* Stunt Driving (HTA s. 172), if the riding meets one of the definitions in the regulation. Simply lane splitting is not automatically stunt driving, but aggressive weaving through traffic at a marked departure from the lawful speed, or other qualifying conduct, could result in a stunt charge.
* Immediate 30 day licence suspension
* Immediate 14 day vehicle impoundment
* Fine of $2,000 to $10,000
* 6 demerit points
* Up to 6 months in jail
* Post conviction licence suspension of 1 to 3 years for a first offence.
* Dangerous Operation (Criminal Code), if the manner of driving amounts to a marked departure from the standard expected of a reasonable driver. This is a criminal offence, not a Highway Traffic Act offence, and the penalties are far more serious, potentially including a criminal record, lengthy driving prohibitions, fines, and imprisonment depending on the circumstances.
