I understand that this is a matter regulated by local jurisdiction, but does anyone have any experience being ticketed for riding in an HOV lane, and subsequentially successfully fighting it in court?

I have no issue riding in the HOV lane because my local authority doesn't specifically forbid it, and I believe motorcycles meet the spirit and intent of a "high occupancy vehicle". I have not encountered any issue with the law (yet), but I do anticipate one day getting some grief.

 

I have noticed signs showing that mcy's were permitted in the HOV lanes I was driving in at that time,,,, Pretty sure that was when we were passing through Atlanta this summer. Could have been StLouis too.
Dan

 

Legal in Cali. Did you get busted? If so, where?

 

Its legal in vegas to use the lanes

 

Whelp, I finally get my chance to see what the courts think about this after getting ticketed recently for riding a motorcycle in a lane marked with a diamond. The cop informed me that the diamond designates the lane as "bus only", & handed me a ticket.

Local regulations are pretty vague, or outright silent, on HOV lanes & diamond signage as relating to motorcycles. The cop even admitted that there are plans to eliminate the lane because "no one seems to know how to use it".

My defense will rely on the logic that:
1) Diamonds are commonly understood in most jurisdictions to designate HOV lanes
2) Motorcycles are commonly understood to be HOVs
3) The legislation is vague
3) Therefore, it's unreasonable to expect motorcyclists to understand that they are not permitted in HOV lanes.

Any thoughts or advice?

 

It would help to know what state you're in.

 

I think it'd be a moot point if I were in the States as I understand that you all have a Federal law permitting motorcycles in HOV lanes country-wide. I'm in Canada with individual Provincial & Municipal regulations...

 

Canadian? Why didn't you say so? (Yes, I see the little Alberta name in your avatar). Maybe at your location to your profile?

You need to argue ambiguity in the "law" which must benefit the party that didn't write the law which is you. Unless there is a sign or verbage specifically prohibiting MCs then how could you have known?

 

Nope, not the way it works. Each state has it's dept of transportation and vehicle code. There are some federal laws, but the states make their own rules and enforce them. Helmet laws, seatbelt laws, right turn on red, uturns and some others vary state to state.

As far as HOV and motorcycles go, all states permit motorcycles to use HOV lanes with a single rider on the motorcycle.

Not so much in Canada.
Ontario says you have to have 2 people.
High Occupancy Vehicle (HOV) Lanes

BC says motorcycles are exempt and may always use HOV lanes.
Using HOV Lanes | DriveSmartBC

If you got a ticket, I would say it's not allowed.

 

I would plead that the vehicle was fully loaded with 1 person. I wouldn't enjoy riding 2 up on the highway, or anywhere on a KLX for that matter.