Subcommittee tables SB 435 on lane filtering after divided testimony from riders and safety groups

The Transportation Highway Safety and Policy Subcommittee paused consideration of Senate Bill 435, a proposal to allow lane filtering by motorcycle operators on divided highways, after competing testimony from riders and safety advocates and questions about enforcement and safety.

Sen. Bagby introduced the bill and described lane filtering as “when a motorcycle uses the space between a stopped or slow moving vehicle to pass,” saying proponents and opponents both deserved to be heard. Several riders told the committee the maneuver can reduce rear‑end crashes. “I rode to work today…California studied it. They had a 43% reduction in crashes, 60% reduction in fatalities,” said Mark Flynn, who identified himself as speaking on behalf of riders.

Tom McGrath, who said he represents the Virginia Coalition Motorcyclists and practices law in the state, and Thurman Register, another longtime motorcyclist, also testified in favor. Jeffrey Justice, a Charlottesville motorcyclist, said lane filtering should be a choice, not a requirement, and that it “serves to decrease the inherent risk of riding.”

Opposition testimony included Patrick Cushing of AAA, who warned of traffic‑safety concerns when filtering approaches active lane closures or crash scenes; Andy Nagel of the Virginia Association of Volunteer Rescue Squads and other first‑responder representatives said the bill could put responders at greater risk; and Bob Bradshaw of the Independent Insurance Agents of Virginia called it a “major change to the rules of the road.”

Ron Maxey of the Virginia State Police told the committee Virginia Tech data show only a small share of motorcycle crashes are rear‑end collisions and warned the proposal would put motorcycles into the blind spots of larger vehicles and make fault and care determinations harder for officers and insurers: “It will be next to impossible for law enforcement to determine who is exercising ordinary care,” he said.

Committee counsel offered a drafting clarification: the bill’s current language, as drafted, defines lane filtering to include overtaking in the same lane or on the shoulder of divided highways, a point that concerned several members. Delegate Anthony moved to lay the bill on the table; the motion was seconded and the subcommittee tabled the measure for the year by roll call (tabled, vote reported as 7–1).