[ticket] Passing stopped cars to get to red light?

[spicy]

does anyone know about the rules for scooters/mopeds/motorcycles and prudently passing stopped cars to filter up to a red light? i know that it's definitely a safety issue in traffic, as well as relieving congestion for all the other motorists...

i looked through the drivers manual and found on page 91 (page 13 of chpt 4):

Special rules for motorcycles:
• Do not ride along pavement lines, between lanes of traffic.
• Ride no more than two abreast.
• Unless your motorcycle can travel safely at minimum posted speeds, do not travel on highways or expressways.

however, M.G.L. 89-4A says

Chapter 89: Section 4A. Driving vehicles in a single lane; motorcycles, riding and passing

Section 4A. When any way has been divided into lanes, the driver of a vehicle shall so drive that the vehicle shall be entirely within a single lane, and he shall not move from the lane in which he is driving until he has first ascertained if such movement can be made with safety. The operators of motorcycles shall not ride abreast of more than one other motorcycle, shall ride single file when passing, and shall not pass any other motor vehicle within the same lane, except another motorcycle.

my particular issue is that i wasn't between the lanes (both lanes were to my left), and i didn't cross any breakdown lanes or shoulder lines. i also deemed it "safe to do so," since other cars had been stopped for some time, there was enough space, and i rode past with the clutch slipping the entire time, at the whopping speed of possibly 2.6mph).

a quick check of google-maps street view confirms that there are no shoulder markings or fog lines. (eastbound lane, cop was right behind the pole suspending the traffic light Google Maps - Street View)

here's my handy-dandy illustration:

[Wishbone]

and shall not pass any other motor vehicle within the same lane, except another motorcycle.

I don't see the misunderstanding. You got pinched for breaking a law.

[dhuze]

Originally Posted by M.G.L. 89-4A
Chapter 89: Section 4A. Driving vehicles in a single lane; motorcycles, riding and passing

Section 4A. When any way has been divided into lanes, the driver of a vehicle shall so drive that the vehicle shall be entirely within a single lane, and he shall not move from the lane in which he is driving until he has first ascertained if such movement can be made with safety. The operators of motorcycles shall not ride abreast of more than one other motorcycle, shall ride single file when passing, and shall not pass any other motor vehicle within the same lane, except another motorcycle.

[dhuze]

Hmmm seems like we all agree

[DucDave]

and shall not pass any other motor vehicle within the same lane, except another motorcycle....

My guess is this is where the got you....

[Jim]

i think you should post this in a 4th thread and see if you get different answers

[Just_Jeff]

you shared a lane with cars (ok they were stopped but thats not an issue) to pass them, you got pinched. Its valid

[FlynGSXR1k]

and shall not pass any other motor vehicle within the same lane, except another motorcycle.

I don't see the misunderstanding. You got pinched for breaking a law.

Yep.. a lame, stupid ass, mass-hole law that a cool cop would have just flicked his lights on and said watch your ass next time... That sucks man :-(

[spicy]

i'm not saying their interpretation is wrong, i'm just saying the law makes no differentiation between stopped vehicles and moving ones, which strikes me as an important one to be made. i wasn't splitting lanes on 93N during heavy traffic while weaving. i was barely idling cars that had been stopped.

nobody else seems to think of that as a distinction that's worthwhile?

to be honest, i didn't realize it was illegal (yes yes, i know, "ignorance of the law is no excuse" blah blah). if i'd known that it was, i probably wouldn't've done it. every other person that i've told has said "hmm... you can't do that?" two of which are MA lawyers are the others are reasonably intelligent people.

i'm not looking to weasel my way out of a reasonable ticket. i'm simply not convinced it is a reasonable ticket, particularly in the current climate of people getting absurd tickets as a blatant revenue booster for the local constabulary. i'm all for keeping LEOs well-funded, but if it were up to me, i'd just raise taxes, rather trying to maintain this ruse that's nothing more than busting seemingly random people's balls to sheist money out of them (and it is random, since police aren't omnipresent).

[Awesome]

did anyone mention "shall not pass any other motor vehicle within the same lane"

[The Snowman]

i think you should post this in a 4th thread and see if you get different answers

Maybe a poll.

The law is crystal clear. To put it in a different way, you can ONLY pass another motorcycle in the same lane that you are in.

You passed cars in the SAME LANE on their right. Not only did you pass cars in the same lane, but you did so on the right hand side.

Double no-no in MA.

[a13x]

Stupid law, I miss CA lane-splitting/sharing laws. Makes getting around on a motorcycle actually useful in urban areas. Looks like MA got you thou.

[Doc]

and shall not pass any other motor vehicle within the same lane, except another motorcycle.

Got ya right there buddy.

[Doc]

CA lane-splitting/sharing laws Makes getting around on a motorcycle actually useful in urban areas. Looks like MA got you thou.

If only you could legally lane split out here!

[ZX-12R]

i'm not saying their interpretation is wrong, i'm just saying the law makes no differentiation between stopped vehicles and moving ones, which strikes me as an important one to be made.

It shouldn't have to make a distinction between them. The car wasn't parked therefore no matter how you went around it, you still passed it. I'm not sure if it was mentioned yet but on a motorcycle, you are only allowed to pass another motorcycle in the same lane. Since you passed a car in the same lane, they've got you dead to rights.

[noxin]

I think it's bullshit and you should fight it all the way to the Supreme Court!

Not to harp on it, but they got you.

[drop]

apparently my "professional" answer wasn't good enough for you?

plead it to 1/2 at the magistrate, and live to fight another day. everyone gets bagged eventually.

[Nix]

it's beat. I do that shit and don't think there's anything unsafe about it until you make it to the corner...but it's the law so you're fucked.

[dingley00]

is there anything we can do to change this law?

[richw]

Do a search for passing or going around stopped vehicles

Fight every ticket

I would tell the judge that passing a vehicle implies a moving vehicle

[slammp]

Not saying I don't agree with you. And not saying I don't do it myself all summer. But I AM SAYING your supposed to look for cops BEFORE you do it.

Seriously, I have been yelled at by a statie in the past for this but never ticketed. I agree it free's up space and you should be able, but the man is the man and you are not the man.

[Kham]

did anyone mention "shall not pass any other motor vehicle within the same lane"

even on foot?

[Kham]

everyone gets bagged eventually.

eventually... so they're not cool really unless they ride with you.

[BigShel]

What if you were pulling the I'm So Special Move and a car in the RIGHT LANE which you are not to pass makes a right turn and hits you. Do you know how much paper work and time you would have caused the officer and not to mention all the traffic you just caused(Curiosity Factor), and taking him or her away from more serious shit that could be jumping off while he is helping the rescue package your injured ass.

[Awesome]

even on foot?

even duechebags