Hmmm, looks like you've got a federal law regarding motorcycles & HOV lanes here: http://www.law.cornell.edu/uscode/text/23/166

Courts & cops don't always agree on the interpretation of laws. I've successfully fought many tickets in the past, & I've even been recognized by the judge on occasion for calling a cop out on their misinterpretation of the regulations.

 

Yes there's federal law, but the first section states:
(1) Authority of state agencies.— A State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility.
(2) Occupancy requirement.— Except as otherwise provided by this section, no fewer than two occupants per vehicle may be required for use of a HOV facility.

So it's the states that has the authority to make HOV laws. In this case all 50 states have the same laws. On the other hand lane-splitting is illegal in 49 states. California is the only one that allows it.

I've gone to court over misapplied laws and won as well. If the laws are vague in your case, it's worth a shot. Do they put the vehicle code section that you violated on the ticket? Should be easy to look up the law with that info. Since Canada isn't all on board with motorcycles using the HOV with a single rider, it may or may not be a BS ticket. Time to do some homework.

 

Sounds like a lot of work, I'd just pay the ticket. LOL

 

Even if your found guilty you'll probably get the fine reduced by just attending.

 

The guy with the badge should know his job. "If" he was wrong, I would spend double just to stick his nose in it. "If" the ticket is BS, then guys who wrote the ticket needs to be put in his place. There are plenty of people breaking the law. No reason to go after a guy riding in the HOV lane if it's legal.

A few years ago I got pulled over for speeding. No question about it. I was in the left lane when I saw the lights behind me. I pulled over on to the left shoulder which was double wide at that point on the freeway. I could see in my rear view that the cop was pointing to the right, so I crossed 4 lanes of the 5 freeway during rush-hour to get to the right shoulder. The cop wrote me 2 tickets. One for speeding and one for not yielding to the right. I told him the second was BS. He said that he needed to keep the left lane open for emergency vehicles. I said that I did go to the right once directed to do so, so why a ticket? I called BS again and he started to get irate. I said I'd see him in court. The vehicle code he wrote me up for was failure to yield to the right to allow emergency vehicles to pass when sirens and lights are one. He was pulling me over not trying to pass. The judge saw it my way, gave the cop a nice lecture in the court about knowing his job, and then threw out both tickets. Other than my time, not having to pay two tickets and getting two points on my record was worth the effort.

 

The diamond sign doesn't denote bus only it denotes HOV. Unless there is a sign somewhere specifying bus only I would fight the ticket. Might need to get some photos of the signs/road markings to help educate the judge. In my area of BC the words "bus only" would be written on the road surface

 

Well, almost 6 months after I was ticketed for riding in the HOV lane, I finally had my day in court. I'm pleased to report that the charge against me was dropped, but I'm disappointed that it was due to 'no evidence' because the LEO who issued the ticket didn't show.

As a defendant & a motorcyclist, I feel somewhat vindicated, but I still would have preferred the opportunity to try out my defense. I believe I'll keep on riding in the HOV lane in hopes of being ticketed again!

On the other hand, as a taxpayer & citizen, I feel angry that we have police out there charging folks with 'offenses' that they're happy to accept fine payments for, but that they're not even prepared themselves to defend in court! It's also aggravating that they're willing to waste the court's time, & ultimately our tax dollars, on these kinds of tickets too!

If I factor my own time spent away from work & my family fighting this ticket (a $75 fine), I'd certainly have been better off just paying it, but it's satisfying to come away from traffic court once again with an unblemished record of fights won!

 

Thanks for the report. The officer not showing up is not too surprising. I'm with you on not 'just paying the ticket' and fighting it when you know you're innocent, or in this case, when the law is ambiguous.

 

A friend of mine got ticketed for riding in the HOV lane in Vancouver on Hastings street, where the HOV sign contains the symbols for Bus and Bicycle only. The little 'car' with 2 people in it symbol was not there. He was told (by the cop) that motorcycles are only allowed in the HOV lanes when a car (with 2 or more occupants) was also allowed. The above link contradicts this - I'm not sure if he's been to court yet, but this may help him. Because he got ticketed, I'd avoided riding in that lane on my M/C. I'll start riding that lane now, when I get the chance.

 

As long as there are no signs specifically excluding motorcycles from the lane, your friend would then be well-advised to fight the ticket by specifically referencing the BC Motor Vehicle Act 42.02(3d). It clearly exempts motorcycles from HOV restriction, unless signs indicate otherwise. You should also feel free to ride in the lane!