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Discussion Starter · #1 ·
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"?
Thank you
 

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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.
 
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Discussion Starter · #4 ·
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.
So the policeman was hundred percent right?
 

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Don said:
So the policeman was hundred percent right?
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
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.

Also Chapter 90: Section 7
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.
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 :D
 

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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.
 

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yutyut1 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.
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 diagrams
 
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Discussion Starter · #8 ·
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 :D
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).
Does somebody know how it will affect on my driver's record and/or criminal history or so. I called the state police and they told me that I still can pass my road test, but when the record will be in the computer (Unlicensed operation of a moped) it might affect my license.
Will my future driver's license be suspended? If so, how long?
Thank you
 

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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....
 
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Discussion Starter · #10 ·
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....
Thank you for your detailed explanation, but what about suspension of the future license?
 

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Don said:
Thank you for your detailed explanation, but what about suspension of the future license?
Meaning going from a Class-M permit to Class-M License? A delay? I dont *think* so...

But, like I said before, I'm basing all this on my own experiences as a Motorcycle owner and a what Ive observed as adispatcher.

Side-note: Do yourself a favor and take the MSF class. If you pass, you'll automaticaly get your Class-M license (wont need to take the road test) and you'll learn something that will keep you upright and alive at some point....
 
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