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  1. #1
    Join Date
    Jan 2010
    Posts
    6

    Default Can You Pass a School Bus If You Turn Off Your Vehicle

    My question involves a traffic ticket from the state of: NY

    I stopped for the school bus, then turned off my motorcycle, and pushed it past the school bus. Started the motorcycle back up, and moved a little before an officer stopped me. The Law says driver. So when is a motorcyclist considered a driver and not a pedestrian? If the motorcycle is off, would it not be the same as a bicycle? This school bus was parked at a sidewalk with the sign out. I do not remember if people were getting on/off.

  2. #2

    Default Re: Nys (Turned Off) Motorcycle Passing School Bus

    Did you seriously turn off the motorcycle and walk it past the school bus.... classic! However, I doubt a judge is going to do more than laugh at this situation and issue your fine. You have to yield for a school bus, did your motorcycle pass it via the public road way or on the sidewalk?

  3. #3
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Can You Pass a School Bus If You Turn Off Your Vehicle

    NY might define a driver as anyone who was in control of the vehicle. If you were in control of it while walking it, you might still be the driver. Same as if you were in a vehicle: If you shut it off and coasted it past the bus, or even pushed it, you could still be considered a driver. Let up know how this works out.

    --Thomas

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,087

    Default Re: Can You Pass a School Bus If You Turn Off Your Vehicle

    If the motorcycle is off, would it not be the same as a bicycle?
    Bicycles have to stop for school buses when the sign is out, too. They are required to follow the same traffic rules as any other vehicle.
    I'm not a lawyer, but I play a researcher on the internet!
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  5. #5
    Join Date
    Jan 2010
    Posts
    6

    Default Re: Can You Pass a School Bus If You Turn Off Your Vehicle

    =[ based on my research, it would seem my only option would be to plead guilty and try to get plea bargain. A motorcycle is considered in operation even if the engine is turned off, as long as the key is near the rider. I don't think a traffic lawyer would help in this case either... seems pretty cut and dry to me. However, I hope someone proves my conclusion wrong.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    75,031

    Default Re: Can You Pass a School Bus If You Turn Off Your Vehicle

    Quote Quoting Daveduno
    View Post
    =[ based on my research, it would seem my only option would be to plead guilty and try to get plea bargain.
    It is important to work out a plea bargain before you plead guilty. Afterward there's nothing to bargain - you've entered your guilty plea.

  7. #7
    Join Date
    Jan 2010
    Posts
    6

    Default Re: Can You Pass a School Bus If You Turn Off Your Vehicle

    Sorry, typo. You're right. plead "Not Guilty" and try for bargain.

  8. #8
    Join Date
    Jan 2010
    Posts
    6

    Default Re: Can You Pass a School Bus If You Turn Off Your Vehicle

    upon further research, this ticket can not be reduced since it is in nyc. -_- it's either dismissal or full penalty. So, for the bicycle theory, I was walking it. So it is actually at slower speeds than a walking person. What is the difference between this and pushing an inanimate object? Like say a lawnmower?

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