Q: Can a motorcycle pass another motorcycle on the right if the riders are not lane sharing?
A: My favorite motorcycle movie has to be Hot Rod; a film in which stunt man Rob Kimble tries to earn his step-dad’s respect by attempting (and failing) numerous motorcycle jumps. It’s probably the least capable motorcycle rider doing the dumbest riding ever put on the big screen. At the other extreme, there’s The Terminator, who races helmetless through Los Angeles traffic, smashing through chain link gates, jumping his Harley into an aqueduct and outmaneuvering a villain in a truck to rescue the young John Connor.
The common denominator is that both riders take extreme risks on their motorcycles, and both survive. The Terminator survives because he’s an indestructible robot from the future; Rod Kimble survives because the hero never dies in a fictional comedy.
Meanwhile, in real life, actual motorcycle riders get in serious crashes for much more mundane reasons. Lack of rider experience, failing to follow traffic laws, impairment, distraction; these are the things that come up repeatedly in serious motorcycle crashes.
Of those mundane reasons, 10 of the 90 fatal motorcycle crashes in 2020 involved unsafe passing by motorcycles, the number three factor in 2020. (The top two by motorcyclists were speeding – 35 crashes, and impairment – 12 crashes.) Clearly, knowing how to safely pass another vehicle is a critical skill for motorcycle riders. Proper passing includes both knowledge of the law, and the skills to execute a safe pass. I can’t help with the physical skills – that takes training and practice – but I can review the law as it pertains to this question.
First, the law states that when passing a vehicle proceeding in the same direction, the driver “shall pass to the left.” The law does provide two instances when you can pass on the right: when the vehicle you’re passing is making a left turn, and “upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles” going in the same direction. To me that sounds like at least two lanes, but you could argue that with motorcycles you can fit two vehicles in one lane.
However, there’s also a law that states, “All motorcycles are entitles to the full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.” That might sound a bit redundant, but I think the legislators wanted to make a point. Motorcyclists are vulnerable, and this law is intended to give them space to protect them.
The law continues, “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.” Given that motorcycles are defined in the law as vehicles, passing within the lane, on either the left or the right is not allowed. The only exception to two vehicles in the same lane is when motorcycles are riding two abreast. And here’s my take on the original question: if that’s not your riding partner, you’re not riding two abreast; you’re passing on the right.
But even if I’m misunderstanding the law and you could pass on the right, why would you want to? Passing is a high-risk part of riding; waiting for a safe opportunity for a proper pass makes way more sense than choosing a route that’s unexpected. In 2020, motorcyclist actions were the primary factor in 75 percent of fatal motorcycle crashes in Washington. In most riding situations, it’s up to you to create your own safety.