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Thread: What is the Law? I need a legal leg 2 stand on

  1. #1

    What is the Law? I need a legal leg 2 stand on

    I have a question for the lawyers out there and the unfortunate riders who have experienced a few too many traffic violations. I am a NYC rider who commutes on a daily basis thru the heart of Manhattan streets to and from work. I know it sounds crazy but I like staying above ground as much as possible. Even with all of the road hazards like cars, bicycles, pets, trash and tourists, I have managed to avoid serious accidents and injury for 18+ years of riding... knock wood. That's up till this past year.

    Thanks to Mayor Bloomberg and his efforts to eliminate crime and make NYC a safer place, there is an unspoken and often denied fund raising effort by the NYPD to write as many tickets as possible each month. There may even be a ticket quota with perks and punishments in place but I have no proof... only tickets. 1 was for a covered bike in the street and no plate? (but the plate # was on the ticket), parking 12 feet from a fire hydrant, and this last one for riding the white line between cars.

    My question is this: Is it legal to ride along side another vehicle in the same lane? I see bikes doing it all the time and wonder what the law states. Sure it's a stretch cause I was sharing the lane with a car, but it's not like I was flying down the road riding the line. There were 3 lanes going across town with only one lane was being used by cars. The outer lanes had delivery trucks with spaces in between. You could say that I was "merging" as I signaled when I crossed the line and at no time did I "ride the line" Anyone have a law degree or know NY state traffic laws?
    Thx, Scott

  2. #2
    Focused kbasa's Avatar
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    Quote Originally Posted by 117336
    My question is this: Is it legal to ride along side another vehicle in the same lane?
    No. Only California allows "lane sharing". Did they write you for improper passing? I've seen that applied back in Mass. when folks tried to split.
    Dave Swider
    Marin County, CA

    Some bikes. Some with motors, some without.

  3. #3
    Still Wondering mika's Avatar
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    Sorry it does not look good for the home team.

    N.Y. DMV MC Manual


    LANE SHARING
    ________________________________________
    Cars and motorcycles cannot share a lane safely. Lane sharing is permitted only for two motorcycles.
    Riding between rows of stopped or moving cars in the same lane can leave you vulnerable to the unexpected. A hand could come out of a window; a door could open; a car could turn suddenly. Discourage lane sharing by others. Keep a center-portion position whenever drivers might be tempted to squeeze by you. Drivers are most tempted to do this:
    In heavy, bumper-to-bumper traffic.
    When they want to pass you.
    When you are preparing to turn at an intersection.
    When you are getting in an exit lane or leaving a highway.

    The Law
    Lane Splitting - NO

    ? 1252. Operating motorcycles on roadways laned for traffic (b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
    The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

    Motorcycles operating two abreast in same lane YES

    Yes. ? 1252. Operating motorcycles on roadways laned for traffic ? 1252. Operating motorcycles on roadways laned for traffic. (a) All motorcycles are entitled to full use of a lane and no motor vehicle or motorcycle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. However, this subsection shall not be construed to prevent motorcycles from being operated two abreast in a single lane.

  4. #4
    Loose Cannon flash412's Avatar
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    Quote Originally Posted by 117336
    1 was for a covered bike in the street and no plate? (but the plate # was on the ticket), parking 12 feet from a fire hydrant
    If that was all on one ticket, I'd fight it. Argue that clearly the bike had a tag and the ossifer could see it since the number is right there on the ticket. Therefore, the bike could not have been covered. Since the nice p'liceman was mistaken about the cover and the tag, then clearly he was not qualified at that time to ascertain the distance between your bike and the hydrant. Suggest that perhaps the city should see about getting this particular ticket writer into some sort of drug or alcohol rehabilitation program. It sure is a shame when working folks turn to drugs or drink when they can no longer cope with their daily grind.
    Click here for Tales of Motorcycles and Life
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  5. #5
    thanks all. I guess I'll go with the defense that I was "merging". I actually was found guilty of the hydrant tkt and reduced for the cover tkt. Oh and I have another story for the campfire. 3 in one ticket.
    I would suggest police carry a tape measure too but don't want to spend the night in the clink. I should have ditched him but those days are over and who knows, maybe he got my plate on the way by him.

  6. #6
    RK Ryder
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    Cover Question

    Do you mean that you had a bike cover on the bike while it was parked on the street? Is it illegal to park and cover a bike?
    Paul F. Ruffell
    Retired and riding my RTs, the '87 K100 & the '98 R1100 !
    Niagara Riders & Knights of the Roundel #333

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