Obviously you could call it careless driving if you wanted to, but its only caeless or reckless is done in a careless or reckless manor, since it is possible to do in a non careless or reckless manor i dont think either of those stautes specifically prohibit it, i listed the statutes for improper passing and lane usage is there one that i dont know about or does all of this suggest that lane spliting can be done legally as long as its done in a safe manor with a safe amount of room available?
39:4-88. Failure to observe traffic lanes, Traffic on marked lanes When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations:
a. A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.
b. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
c. Upon a highway which is divided into 3 lanes...(and more about roads with three lanes)
And for passing
39:4-85. Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.
The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.
The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
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