If you ride the moped with learner's permit, but got a passenger on the backsit, is it fair to get a citation for "criminal violation" and "unlicensed operation"?
So the policeman was hundred percent right?Crvtte65 said:Sounds right off the top of my head. Motorcycles at least you are not allowed to have a passenger, if you do, you are violating a restricted license and hence unlicensed.
Yes. You knew the rules. Why would you even be seen on one? :woot:Don said:So the policeman was hundred percent right?
1st: $35, 2nd $75 3rd $150.Whoever operates a motorcycle on the ways of the commonwealth shall ride only upon the permanent and regular seat attached thereto, and he shall not carry any other person, nor allow any other person to ride, on such motorcycle unless it is designed to carry more than one person, in which case a passenger may ride upon the permanent and regular seat if such seat is designed for two persons, or upon another seat which is intended for a passenger and is firmly attached to the motorcycle to the rear of the operator if proper foot rests are provided for the passenger's use, or upon a seat which is intended for a passenger and is firmly attached to the motorcycle in a side car.
1st: $35, 2nd $75 3rd $150.No person operating a motorcycle shall permit any person to ride as a passenger, unless such motorcycle is designed to carry more than one person; and no person operating a motorcycle shall permit a passenger to ride in front of said operator.
good to know, I have read the laws a few times over in the last few months and I only get more confused. I need pictures and diagramsyutyut1 said:You must cite the operator of the moped under 90-1B($25.00CMVI) for unlicensed operation. If however the operator has a suspended or revoked license then it is arrestable under 90-23. An important note however you cannot arrest for a person operating a moped or scooter who does not have a license.
yes, everything else was Ok: helmets and moped was designed for two persons. I just didn't know that I couldn't have a passenger (my fault).Curious EMT said:Yes. You knew the rules. Why would you even be seen on one? :woot:
And I cant remember ever seeing a 2-person moped. (see below for others you could have been 'poped' with... you got off easy!
Chapter 90: Section 13 Safety precautions for proper operation and parking of vehicles and buses
1st: $35, 2nd $75 3rd $150.
Also Chapter 90: Section 7
1st: $35, 2nd $75 3rd $150.
And, were you both wearing DOT hemits?
Since you're looking for someone to say otherwise, may I suggest www.defenseliars.com or www.illtakeyourmoneyandyoull stillhaveaBOPhistory.com
Thank you for your detailed explanation, but what about suspension of the future license?Curious EMT said:From what I've seen come through LEAPS on people charged with similar, they'll just fine you, if this is your first charge of something involving a Motor Vehicle.
Thats the usual. You might be able to talk to whoever is prosecuting you durring your pretrial confrence and get it dismissed with court costs, or whatever.
It will show up on your driving record, as all criminal vehicle events do. I've even seen things like this completely dismissed (no fees, no fines) and it's still on the operator's driving record.
I'm not an officer, I havent dealt with 100 of these before, but I'de probably sugest just admiting your mistake, and work from there. The prosecuting party will be a little more apt to work with you if you're decent. Ignorance is no excuse, its a very true statement, and if you toss an attitude of "i didnt know, you should have put it on my permit just like you did the daylight restriction, you cant find me responsible/guilty", he's not going to want to work with you. That's just a little common sense I think, but some people see past that. You're not a violent fellon, you wont be treated as one in court, just be cool, pay for your minor mistake, and let it go.
Oh yea... and get a real motorcycle... chicks dig those....
Meaning going from a Class-M permit to Class-M License? A delay? I dont *think* so...Don said:Thank you for your detailed explanation, but what about suspension of the future license?