I was cited in California for violation of section 21755, unsafe passing on the right (two counts).
The facts of the matter is that I was driving a motorcycle and the vehicle in front of me slowed to make a left turn, and I passed on the right utilizing the marked bike lane. There was no bicycle traffic or other traffic (other than the cop behind me). This was a curbed 'two lane' street.
According to section 21754, I'm allowed to use an 'adjacent traffic lane' to pass on the right. I was not cited for using a bicycle lane. A bicycle IS a vehicle, thus a bike lane is a vehicle lane IMHO, and the road way would be defined by the curb. Do I have a chance in arguing that I did not violate 21755? (twice). The road was a down hill slope, and I'm use to going down the area on my bike (using the entire road. It was a careless mistake as far as using the bike lane with my motorcycle, but THAT is not what I was cited for.
(Thank you in advance for any advice you might have)
The facts of the matter is that I was driving a motorcycle and the vehicle in front of me slowed to make a left turn, and I passed on the right utilizing the marked bike lane. There was no bicycle traffic or other traffic (other than the cop behind me). This was a curbed 'two lane' street.
According to section 21754, I'm allowed to use an 'adjacent traffic lane' to pass on the right. I was not cited for using a bicycle lane. A bicycle IS a vehicle, thus a bike lane is a vehicle lane IMHO, and the road way would be defined by the curb. Do I have a chance in arguing that I did not violate 21755? (twice). The road was a down hill slope, and I'm use to going down the area on my bike (using the entire road. It was a careless mistake as far as using the bike lane with my motorcycle, but THAT is not what I was cited for.
(Thank you in advance for any advice you might have)