Traffic Citation: Passing a stopped city bus on scooter

[greg72982]

[TEXASCOP]

In Texas, the only reason they define motorcycle and moped differently is strictly for licensing purposes. The operation and movement of motorcycles and mopeds are considered one in the same because in the description the only difference is the engine size and that a moped my have pedals. So you are saying that you are exempt from following the same laws as motorcycles?

[APDSarge]

Your "scooter" (49 cc's) would fall under the same aplicable laws as a motorcycle (or moped for that matter). Your argument about how many cc's it has is not a valid argument, about how you couldn't be charged under the operating in the same lane as another vehicle charge. It would apply to your scooter.

Regardless, whether you knew you were violating the law or not, you DID in fact commit a violation (actually a couple). You passed in a "no passing zone" The double yellow lines signify this. You passed where you were not allowed to, even though you did not cross over those lines. The lines are signifying "No Passing".

The bus stopping to drop off passengers is just that "stopped", it is still a vehicle in transport - so just because it wasn't moving a the time is not a valid argument.

You also passed in the same lane which is also against the law, and you feel that maybe you should have been cited under that instead.

The officer "could" have given you a warning. But, I bet with your apparent argumentative nature, and how you know better than all of us, some with more experience doing this job than you have been probably been alive, I'm sure he used his discretion and decided that issuing you a citation would be better served.

You can go to court and make your arguments, the magistrate or judge will either agree or disagree with you.

But also as stated, the citation can also be ammended at any time up to and including the trial date if the officer feels there is a better charge for your infraction.

In my experience you would be found guilty of the violation, because like I said the double yellow lines are signifying a no passing zone (whether or not you crossed them)- but who knows the judge might just buy your arguments.