If you're a rider in the state of Washington, you probably know that lane splitting isn't legal where you live. And while that's not something that state representative Ed Orcutt wants to change (it's something he views as unsafe, and has publicly stated as much), he is instead proposing an alternative in the state legislature: Legalizing shoulder riding.
Introduced in January 2026, as part of the 2025-26 Washington State Legislature session, HB 1367 would allow for a few changes to legalized motorcyclist behavior, as it's currently written. On highways or expressways (also called "limited access roadways" in the text of the bill), motorcycles would be allowed to "temporarily travel on the right shoulder" when traffic is either at a complete stop or else traveling at a speed of 25 miles per hour or slower.
Some restrictions would be in place, as well. Motorcycles engaging in this behavior could not legally travel above 10 miles per hour faster than the speed of the traffic around them. Additionally, motorcycles could only ride one abreast (so not in pairs, as sometimes occurs in regular lanes of traffic). If a car or other vehicle is parked on the shoulder, the motorcycle must then re-enter the flow of traffic.
Since this behavior would be allowed on freeways, the legislation also states that a rider engaging in shoulder riding may not continue doing so once they reach an exit ramp. This is meant to prevent riders from shoulder riding for miles and miles in stopped traffic, and is also meant to limit it only to short distances.
Local radio station KIRO quoted Orcutt as saying the following in testimony about this bill in January:
"I don't like lane splitting. I think it's dangerous, and I have concerns that somebody's going to get squished between a couple of cars if they're doing lane splitting in that situation. But, you know, they're still trying to hold that bike up. They still got that strain. So what is an alternative solution? And that's what led me to this bill: to allow the shoulder driving," Orcutt testified.
Some riders testified during the session as well, with one offering the mind-blowing observation that "getting hit from behind is probably not a really good thing for a motorcycle." It's difficult to convey sarcasm in writing (ask me how I know), so I really hope the guy that said this conveyed that with his speaking tone.
For many riders in favor of lane splitting, the primary motivating factor behind wanting it to be legalized is exactly that: The fear of getting hit from behind. If you've been riding for any length of time, you've observed drivers around you who either aren't paying attention, or who may even actively be seeking to harm you. Having additional exit strategies so you can get away from those road users who you feel may be an immediate hazard is important.
Others raise the issue of potential motorcycle overheating when stuck in traffic. While that might be less of a frequent concern on more modern motorcycles, not everyone is out here riding an ultra-modern motorcycle, and some older ones certainly may have heat dissipation issues.
In any case, you can follow the progress of this legislation on the Washington State legislature's website. It's scheduled for a public hearing in the House Committee on Transportation at 1 p.m. PT today, February 5, 2026 as I write this. If you're a rider and you live in Washington State (or you know someone who does), you may want to reach out to your state representative and let them know how you feel about this bill.
