Is Lane Splitting Legal in New Hampshire? (2026 Law)

Lane splitting and lane filtering are both illegal in New Hampshire. RSA 265:121, III says "No person shall drive a motorcycle on a roadway between lanes of traffic or between adjacent lines or rows of vehicles," and the statute has no exception for slow or stopped traffic; only police officers performing official duties are exempt. A violation is a non-criminal "violation" under RSA 265:2, and the usual fine on the DMV's schedule for a title XXI offense with no fine of its own is $62.00 for a first offense. For how other states handle the practice, see our guide to lane splitting laws by state.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Hampshire state law in Title XXI of the Revised Statutes Annotated (RSA): the motorcycle rules in RSA 265:119 and 265:121, the lane and passing rules in 265:19, 265:24 and 265:26, the roadway definition in 259:92, the speed, reckless driving and negligent driving sections 265:60, 265:79 and 265:79-b, the penalty provisions in 265:2, 262:41, 625:9, 651:2 and 631:3, the penalty assessment in 106-L:10, the plea-by-mail rule in 262:44, the conviction definition in 259:14, the DMV's Uniform Fine Schedule, the demerit-point rules in Saf-C 212.02 and 212.03, and 2025 House Bill 239-FN. It does not cover city or town ordinances, the exact amount a particular court sets, insurance consequences, or the law of other states.

What RSA 265:121 says about riding between lanes

New Hampshire's motorcycle lane rule is RSA 265:121, "Driving Motorcycles on Roadways Laned for Traffic." Paragraphs I to V read:

"I. All motorcycles are entitled 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; provided, however, that 2 motorcycles may ride abreast in a single lane. II. The driver of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. III. No person shall drive a motorcycle on a roadway between lanes of traffic or between adjacent lines or rows of vehicles. IV. Motorcycles shall not be driven more than 2 abreast in a single lane. V. Paragraphs II and III shall not apply to police officers in the performance of their official duties."

Paragraph III covers both practices riders usually distinguish. Riding "between lanes of traffic" is lane splitting, and riding "between adjacent lines or rows of vehicles" covers filtering past stopped or slow cars. The statute sets no speed threshold and no stopped-traffic exception. Paragraph II separately bars a rider from passing a vehicle inside that vehicle's own lane.

Paragraph I also protects riders. No motor vehicle may be driven so as "to deprive any motorcycle of the full use of a lane." The two-abreast allowance in paragraph I carries no condition that both riders agree to it.

Riders are bound by the general traffic rules too. RSA 265:119 says every person driving a motorcycle "shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this title," except where the title indicates otherwise.

The single-lane rule

On marked multi-lane roads, RSA 265:24, I applies to every driver, riders included:

"Whenever any roadway has been divided into 2 or more lanes clearly marked for traffic, the following rules in addition to all others consistent herewith shall apply: I. 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;"

Riding on the shoulder or the breakdown lane

Two definitions and two rules answer the shoulder question. First, the definition: RSA 259:92 says "roadway" means "that portion of a way improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder even though such sidewalk, berm or shoulder is used by persons riding bicycles or other human powered vehicles." The shoulder is therefore not part of the roadway.

Second, the passing rule. RSA 265:19 allows passing on the right only in limited cases:

"The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions: I. When the vehicle overtaken is making or about to make a left turn; II. Upon a roadway with unobstructed pavement of sufficient width for 2 or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle; III. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway."

Because the roadway excludes the shoulder, passing on the right by riding onto the shoulder is "driving off the roadway," which 265:19 forbids.

Third, divided highways have their own rule. RSA 265:26, II says no vehicle "shall be driven to the right of the unbroken painted line marking the barrier between the travel portion of a divided way and the emergency breakdown lane," or to the left of the line marking the median. Government vehicles operating in furtherance of official duties and any vehicle in an emergency are excepted. Under 265:26, III, "The fine for a violation of this section shall be $150." The DMV's fine schedule lists 265:26 at $186.00, the standard fine plus penalty assessment.

What happens if you are stopped

A lane-splitting ticket in New Hampshire is a violation, not a crime. RSA 265:121 has no penalty clause of its own, so RSA 265:2 controls: anyone who "commits any act forbidden or fails to perform any act required in this chapter shall be guilty of a violation." Under RSA 625:9, II(b), "A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense." The fine for a violation by an individual "may not exceed $1,000" under RSA 651:2.

The usual amount comes from the general penalty in RSA 262:41, because 265:121 sets no fine:

"Unless otherwise provided in statute, any person convicted of a violation of any provision of this title, or of any rule made under authority thereof, shall be fined $50 plus penalty assessment for a first offense. For any subsequent offense committed during any calendar year such person shall be fined $100 plus penalty assessment."

The penalty assessment is set by RSA 106-L:10: "$2 or 24 percent, whichever is greater," added to the fine. That is how $50 becomes $62.00 and $150 becomes $186.00.

The DMV Uniform Fine Schedule (form DSMV 428-FS, Rev. 06/26) turns that into dollar figures. RSAs without a fine of their own "are subject to a $62.00 fine for first offense, and $124.00 for a subsequent offense within a calendar year." The schedule has no separate line for RSA 265:121. It also notes that the amounts "represent the standard fine and penalty assessment normally imposed by the Court," and that the court "may assess a different fine, may reject your plea and may order you to appear in person."

Demerit points

The DMV assesses demerit points upon conviction under administrative rule Saf-C 212.03. The rule assigns four points for "RSA 265:18, RSA 265:19 or RSA 265:20, improper passing" and for "RSA 265:79-b, negligent driving"; three points for "RSA 265:24, driving on roadways laned for traffic" and "RSA 265:26, driving on divided ways"; and six points for "RSA 265:79, reckless driving." RSA 265:121 is not named in any tier, so the section named on the complaint matters. When 2 or more convictions result from a single incident, points are assessed for one offense only, the one with the greater point value (Saf-C 212.02(e)).

Under Saf-C 212.02, a driver 21 or older faces a suspension of up to 3 months for 12 demerit points in one calendar year, up to 6 months for 18 points in 2 consecutive calendar years, and up to one year for 24 points in 3 consecutive calendar years. The one-year thresholds are 6 points for a driver under 18 and 9 points for a driver 18 to under 21. Paying the fine counts: under RSA 259:14, a "conviction" includes "the payment of a fine or court costs."

Work zones

New Hampshire's work-zone penalties in RSA 265:6-a cover specific offenses: failure to yield in a work zone (paragraph II, "$150 plus penalty assessment for a first offense and $250 plus penalty assessment for a subsequent offense in a 12-month period") and speeding in a construction or maintenance zone "manned by workers" on a state or interstate highway (paragraph III, "not less than $250 nor more than $500"). Neither paragraph names lane or passing offenses.

Speed, negligent driving and reckless driving

Each of the following is a separate charge with its own elements, and whether a particular ride meets them depends on the facts.

Basic speed rule. RSA 265:60, I provides: "No person shall drive a vehicle on a way at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the way in compliance with legal requirements and the duty of all persons to use due care." The fine for a speed charge depends on the charge itself; the amount appears on the complaint and in the DMV schedule.

Negligent driving. Under RSA 265:79-b, "Whoever upon any way drives a vehicle negligently or causes a vehicle to be driven negligently, as defined in RSA 626:2, II(d), or in a manner that endangers or is likely to endanger any person or property shall be guilty of a violation and shall be fined not less than $250 nor more than $500 for a first offense and not less than $500 nor more than $1,000 for a second or subsequent offense."

Reckless driving. RSA 265:79, I reaches whoever "drives a vehicle recklessly, or causes a vehicle to be driven recklessly, as defined in RSA 626:2, II(c), or so that the lives or safety of the public shall be endangered," among other conduct, "and thereby violates any of the provisions of this title or any rules adopted by the director." That person is "guilty of a violation and fined not less than $500 plus penalty assessment for the first offense and $750 plus penalty assessment for the subsequent offense nor more than $1,000 plus penalty assessment and his or her license or operating privilege shall be revoked for a period of 60 days for the first offense and from 60 days to one year for the subsequent offense." Under RSA 626:2, II(c), a person acts recklessly when "aware of and consciously disregards a substantial and unjustifiable risk," and the disregard is "a gross deviation from the conduct that a law-abiding person would observe." A separate paragraph, RSA 265:79, II, in force since January 1, 2026, covers anyone who "drives a vehicle at a speed of 100 miles per hour or greater and thereby violates any of the provisions of this title": a fine of not less than $750 plus penalty assessment for a first offense and $1,000 plus penalty assessment for a subsequent offense, and a license revocation of 90 days for a first offense and 90 days to one year for a subsequent offense. Section 265:79 was amended by 2025 laws chapters 71 and 278 and section 265:79-b by chapter 71, both effective January 1, 2026; the text quoted here is the current text. RSA 262:44, which allows most title XXI charges to be answered by mail, excludes RSA 265:79.

Reckless conduct. The criminal code has its own offense. Under RSA 631:3, "A person is guilty of reckless conduct if he recklessly engages in conduct which places or may place another in danger of serious bodily injury," and the section says "All other reckless conduct is a misdemeanor" outside its deadly-weapon tier. Unlike the title XXI violations above, a misdemeanor is a crime.

The 2025 lane filtering bill

New Hampshire lawmakers considered changing the rule in 2025. House Bill 239-FN, titled "defining and enabling lane filtering," was introduced in January 2025 and assigned to the House Transportation Committee. The committee reported it "Inexpedient to Legislate" on February 4, 2025, by a 15-1 vote, and the full House voted it inexpedient to legislate on a voice vote on February 13, 2025. The bill had no Senate action, so RSA 265:121, III remains in force without a filtering exception.

Where New Hampshire's rule comes from

The wording of RSA 265:121 follows section 11-1303 of the 1968 Uniform Vehicle Code, a national model law, whose paragraph (c) also bars operating a motorcycle "between lanes of traffic or between adjacent lines or rows of vehicles." Many states adopted the same model text.

If a crash happens

How a lane violation can bear on fault and an injury claim is covered in our guide to New Hampshire motorcycle accident laws. For crash-reporting and insurance rules that apply to every driver, see New Hampshire car accident laws. Riders of smaller two-wheelers can check New Hampshire e-scooter laws.

Gaps in the public record

• Saf-C 212.03 does not say why RSA 265:121 is absent from its point tiers.
• The introduced text of HB 239-FN is not described here beyond its title, and this page does not cover any 2026-session filtering bill.

Related pages

• Lane splitting laws by state
• New Hampshire motorcycle accident laws
• New Hampshire car accident laws
• New Hampshire e-scooter laws

This article provides general legal information about New Hampshire law, not legal advice. For advice about a specific situation, contact a lawyer licensed in New Hampshire or the court named on your complaint.

Last updated: 2026-10-09.

Frequently Asked Questions

Is lane splitting legal in New Hampshire?

No. RSA 265:121, III says no person shall drive a motorcycle on a roadway between lanes of traffic or between adjacent lines or rows of vehicles. Only police officers performing official duties are exempt.

Is lane filtering legal in New Hampshire?

No. The ban in RSA 265:121, III covers riding between adjacent lines or rows of vehicles and has no exception for stopped traffic. A 2025 bill to allow filtering, HB 239-FN, was voted inexpedient to legislate on February 13, 2025.

What is the fine for lane splitting in New Hampshire?

RSA 265:121 sets no fine of its own, so the general penalty in RSA 262:41 applies: $50 plus penalty assessment for a first offense and $100 plus penalty assessment for a later offense in the same calendar year. The DMV fine schedule lists $62.00 and $124.00, and the court may assess a different amount.

Can two motorcycles ride side by side in New Hampshire?

Yes. RSA 265:121, I allows 2 motorcycles to ride abreast in a single lane, and 265:121, IV bars more than 2 abreast.

Can motorcycles ride on the shoulder in New Hampshire?

Not to pass. RSA 265:19 says passing on the right shall not be made by driving off the roadway, and RSA 259:92 defines the roadway to exclude the shoulder. On divided highways, RSA 265:26 bars driving to the right of the line marking the breakdown lane, with a $150 fine.

Does lane splitting put points on a New Hampshire license?

The demerit-point rule, Saf-C 212.03, does not name RSA 265:121. It assigns 4 points for improper passing under RSA 265:18 to 265:20 and 3 points for RSA 265:24, the laned-roadway rule, upon conviction. Under RSA 259:14, paying the fine counts as a conviction. A driver 21 or older faces a suspension of up to 3 months at 12 points in one calendar year.

Is lane splitting reckless driving in New Hampshire?

Reckless driving under RSA 265:79 is a separate charge with its own elements; whether a particular ride meets them depends on the facts. A conviction carries a fine of $500 to $1,000 plus penalty assessment and a license revocation of 60 days for a first offense.