Is Lane Splitting Legal in Wisconsin? (2026 Law)

Wisconsin has no statute that expressly bans or expressly allows lane splitting or lane filtering. A motorcycle riding between lanes is governed by the general lane rule in Wis. Stat. 346.13(1), which requires the operator of a vehicle to "drive as nearly as practicable entirely within a single lane," and by the passing-on-the-right limits in 346.08. A 346.13(1) violation is a civil forfeiture of $20 to $40 for a first offense, and Wisconsin's demerit point rule assigns 4 points for deviating from a lane of traffic. 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 Wisconsin state law: the definitions in Wis. Stat. 340.01, the lane, passing and motorcycle rules in 346.08, 346.13 and 346.595, the forfeitures in 346.17 and 346.60, the basic speed rule in 346.57, inattentive driving in 346.89, the reckless driving section 346.62 and its penalties in 346.65, and the demerit point rule in Wis. Admin. Code Trans 101.02. It does not cover city or county ordinances, motor vehicle equipment rules in chapter 347, insurance consequences, fault in a crash, or the law of other states.

What Wisconsin law says about lane splitting

Lane splitting usually means riding a motorcycle between lanes of moving traffic. Lane filtering usually means riding between rows of cars stopped at a light. Wisconsin's statutes name neither one.

Chapter 346, Wisconsin's rules of the road, contains no provision that expressly prohibits or authorizes operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. The motorcycle and moped section, 346.595, deals with lane entitlement, riding two abreast, side-saddle riding, passengers, headlamps and mopeds riding single file. None of its subsections addresses riding between lanes.

That silence does not make the practice legal. The statutes neither authorize nor expressly prohibit it, so an officer who stops a rider between lanes would look to the general rules described below: staying in one lane, passing on the right, and the full-lane rule.

The single-lane rule

The rule most likely to reach a rider between lanes is Wis. Stat. 346.13, "Driving on roadways laned for traffic." It applies "Whenever any roadway has been divided into 2 or more clearly indicated lanes, including those roadways divided into lanes by clearly indicated longitudinal joints." Subsection (1) reads:

"(1) Except as provided in sub. (4), the operator of a vehicle shall drive as nearly as practicable entirely within a single lane and shall not deviate from the traffic lane in which the operator is driving without first ascertaining that such movement can be made with safety to other vehicles approaching from the rear."

The rule applies to "the operator of a vehicle," not to motorcycles alone. The exception in subsection (4) concerns wide implements of husbandry, not motorcycles.

The full-lane rule and riding two abreast

Wisconsin's code does contain a motorcycle lane rule. Wis. Stat. 346.595(1) reads:

"(1) All motor vehicles including motorcycles and mopeds are entitled to the full use of a traffic lane and no vehicle may be driven or operated in such a manner so as to deprive any other vehicle of the full use of a traffic lane. With the consent of both drivers, motorcycles may be operated not more than 2 abreast in a single lane, but mopeds may be so operated only where the speed limit is 25 miles per hour or less."

The rule runs in every direction: it protects a motorcycle's use of its lane, and it also says that "no vehicle," which includes a motorcycle, may be operated so as to deprive any other vehicle of the full use of a lane. Under 346.60(4), "Any person violating s. 346.595 may be required to forfeit not less than $30 nor more than $300."

Passing on the right

Wis. Stat. 346.08, "When overtaking and passing on the right permitted," reads:

"The operator of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the movement in safety and only if the operator can do so while remaining on either the roadway or a paved shoulder, and then only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn or U-turn; or (2) Upon a street or highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed, at the same time, in the direction in which the passing vehicle is proceeding; or (3) Upon a one-way street or divided highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed in the same direction at the same time."

All three limits apply together: the pass must be safe, it must stay on the roadway or a paved shoulder, and one of the three listed conditions must exist.

Can you ride on the shoulder in Wisconsin?

Start with the definitions. Under Wis. Stat. 340.01(54), "Roadway" means "that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder." These definitions apply in chapters 340 to 349 "unless a different meaning is expressly provided or the context clearly indicates a different meaning." The definitions section has no separate entry for "shoulder"; the word appears inside the roadway definition.

Wisconsin's passing statute is worded differently from many states'. Instead of barring every pass that leaves the pavement, 346.08 allows a pass on the right "while remaining on either the roadway or a paved shoulder," and then only under the three listed conditions and only when the movement is safe. A pass on the right that leaves the roadway for an unpaved shoulder falls outside what 346.08 permits. A paved-shoulder pass is within the statute's words only when one of those conditions exists and the move is safe; 346.08 does not authorize riding on the shoulder for any other purpose.

What happens if you are caught

Forfeitures, not fines

The lane, passing and motorcycle rules in chapter 346 carry civil forfeitures, not criminal fines. Wisconsin treats a "traffic regulation" as a provision of chapters 194 or 341 to 349 "for which the penalty for violation is a forfeiture" (Wis. Stat. 345.20(1)(b)).

These are the statutory ranges. The amount due on a citation is a deposit set by the court system, and costs and surcharges are added to it; Wisconsin's courts publish those amounts in the Uniform State Traffic Deposit Schedule. Check the figure on your citation or with the court.

Does paying count as a conviction?

Yes, for Wisconsin's vehicle laws. Wis. Stat. 340.01(9r) defines "conviction" to include "an unvacated forfeiture of property deposited to secure the person's appearance in court, a plea of guilty or no contest accepted by the court, the payment of a fine or court cost," and other outcomes, "regardless of whether or not the penalty is rebated, suspended, or probated."

Demerit points

Wis. Admin. Code Trans 101.02 sets the points the Department of Transportation assesses:

Work zones

Wisconsin doubles some forfeitures where workers are at risk in a highway maintenance or construction area. Section 346.17(5)(a) doubles the forfeiture when a driver violates 346.04(1) or (2) where "persons engaged in work in a highway maintenance or construction area" are at risk from traffic; it does not list 346.08 or 346.13(1). The speed doubling in 346.60(3m) is covered below.

Speed, inattentive driving and reckless driving

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

Basic speed rule. Wis. Stat. 346.57(2) says "No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing." Under 346.60(3), the forfeiture is $40 to $300 for a first offense and $80 to $600 for a second or subsequent conviction within a year. Under 346.60(3m), those minimum and maximum forfeitures are doubled where workers in a highway maintenance or construction area are at risk from traffic.

Inattentive driving. Under Wis. Stat. 346.89(1), "No person while driving a motor vehicle may be engaged or occupied with an activity, other than driving the vehicle, that interferes or reasonably appears to interfere with the person's ability to drive the vehicle safely." The forfeiture under 346.95(2) is $20 to $400.

Reckless driving (negligent operation). Wisconsin's section headed "Reckless driving," Wis. Stat. 346.62, is built on negligence, which 346.62(1)(c) defines by reference to 939.25(2). Its offenses and penalties under 346.65:

The "not less than" figures are minimums. Section 346.65(5m) also enhances the penalties for 346.62(2) to (4) where workers are at risk from traffic in a work area.

Where a city, village, town or county has adopted an ordinance under Wis. Stat. 349.115, an officer may, at the officer's discretion, impound a vehicle used in a 346.62 violation when issuing the citation or making the arrest.

Aggressive driving. Chapter 346 contains no offense named aggressive driving.

Has Wisconsin changed the law recently?

No act of the 2025 Legislature appears in the statutory history of 346.08, 346.13, 346.17, 346.595, 346.60 or 346.62 in the official statutes, which are updated through 2025 Wisconsin Act 247. 2025 Wisconsin Act 46 revised the related impoundment provision in 349.115. The full-lane rule in 346.595 was last amended in 2019, and the single-lane rule in 346.13 in 2015. This page does not track bills that were introduced but not enacted.

Federal law and lane splitting

We found no federal statute or regulation that addresses lane splitting; the rules come from state traffic law.

If a crash happens

How a lane or passing violation bears on fault and an injury claim is covered in our guide to Wisconsin motorcycle accident laws. For the crash rules that apply to every driver, see Wisconsin car accident laws.

Related pages

• Lane splitting laws by state
• Wisconsin motorcycle accident laws
• Wisconsin car accident laws

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

Last updated: 2026-10-09.

Frequently Asked Questions

Is lane splitting legal in Wisconsin?

Wisconsin has no statute that expressly allows or bans it. A rider between lanes is subject to the single-lane rule in Wis. Stat. 346.13(1) and the full-lane rule in 346.595(1), which says no vehicle may be operated so as to deprive another vehicle of the full use of a traffic lane.

Is lane filtering legal in Wisconsin?

Chapter 346 has no rule that names riding between rows of stopped vehicles. The single-lane rule in 346.13(1), the full-lane rule in 346.595(1) and the passing-on-the-right limits in 346.08 apply.

What is the penalty for lane splitting in Wisconsin?

No penalty is set for lane splitting by name. A 346.13(1) lane violation is a forfeiture of $20 to $40 for a first offense and $50 to $100 for a second or subsequent conviction within a year, and Trans 101.02 assigns 4 demerit points for deviating from a lane of traffic.

Can two motorcycles ride side by side in Wisconsin?

Yes. Under Wis. Stat. 346.595(1), motorcycles may be operated not more than 2 abreast in a single lane with the consent of both drivers; mopeds may do so only where the speed limit is 25 miles per hour or less.

Can motorcycles pass on the shoulder in Wisconsin?

Wis. Stat. 346.08 allows passing on the right only when safe, only while remaining on the roadway or a paved shoulder, and only in three listed situations. The roadway excludes the berm or shoulder under 340.01(54).

Does paying a Wisconsin traffic ticket count as a conviction?

Yes. Wis. Stat. 340.01(9r) defines conviction to include an unvacated forfeiture of a deposit, a plea of guilty or no contest, and the payment of a fine or court cost.