To expressly prohibit motorcycle lane splitting and lane filtering in West Virginia while preserving a motorcycle’s full use of a lane

HB 4972 Text

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House Bill 4972 History

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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 4972
By Delegate Linville
[Introduced January 29, 2026; referred to the Committee on the Judiciary]
A BILL to amend and reenact §17C-7-9 of the Code of West Virginia, 1931, as amended; and to amend the code by adding a new section, designated §17C-7-9a, relating to motorcycle lane-splitting; providing definitions; prohibiting lane-splitting; providing limited safety exceptions; creating penalties; and authorizing rulemaking.
Be it enacted by the Legislature of West Virginia:

ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, ETC.

§17C-7-9. Driving on roadways laned for traffic; penalty.

(a) Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(2) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane which is clearly marked as a left turn lane except in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.
(3) Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign
(b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.

§17C-7-9a. Prohibition on motorcycle lane splitting; exceptions; penalty.

(a)
Definitions
. — For purposes of this section:
(1) "Motorcycle" has the meaning provided in §17C-1-4 of this code.
(2) "Lane splitting" means operating a motorcycle between rows of stopped or moving

vehicles in the same direction of travel, or between adjacent lanes of traffic, within the same roadway.
(3) "Lane filtering" means a form of lane splitting conducted only when surrounding traffic is stopped or moving slowly.
(b)
General rule
. — No person may engage in lane splitting or lane filtering on any public roadway in this state.
(c)
Full lane use preserved
. — A motorcycle is entitled to the full use of a single traffic lane; and no motor vehicle shall be operated in a manner that deprives a motorcycle of the full use of a lane, consistent with §17C-7-9 of this code.
(d)
Exceptions
. — Subsection (b) does not apply when:
(1) Directed by a law-enforcement officer or flagger controlling traffic;
(2) Necessary to avoid an immediate hazard, road debris, or a disabled vehicle, provided the operator exercises due care and returns to a single lane as soon as practicable; or
(3) Participating in a parade, escorted ride, or other event permitted by the appropriate road authority with traffic-control measures in place.
(e)
Penalty
. — A person violating this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.
(f)
Rulemaking and education
. — The Division of Highways and the Division of Motor Vehicles may promulgate rules for legislative approval in accordance with the provisions of §29A-3-1
et seq.
of this code to implement interpretive guidance and incorporate the provisions of this section into driver licensing and motorcycle-safety materials.
NOTE: The purpose of this bill is to expressly prohibit motorcycle lane splitting and lane filtering in West Virginia while preserving a motorcycle’s full use of a lane.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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