21706 VC Passing Emergy Vehicle

[k2worldwweapon]

What is the name of your state (CA)?

i was riding on the freeway with my motorcycle as this chp and glendale motorcycle cop were controlling traffic. all of the sudden the chp slows down pretty quickly and i see that he is going towards a piece of debris that is in the middle of the freeway, which also happens to be literally right next to my exit. so as he was slowing down and heading for the debris i decide to just go ahead and take my exit. i didnt really think anything of it since i was already in my lane about to exit anyways. so then like 30 seconds later the glendale bike come (not the chp) gets off the freeway and pulls me over. he told me its illegal to pass an emergency vehicle blah blah blah. so he wrote me a ticket saying "21706VC passing emergency vehicle" now i looked up the VC code and and that code says "No motor vehicle, except an authorized emergency vehicle, shall follow within 300 feet of any authorized emergency vehicle being operated under the provisions of Section 21055.

This section shall not apply to a police or traffic officer when serving as an escort within the purview of Section 21057."

now for one i WAS maintaining a 300 foot distance up until i took my exit.
and for two the bike cop that pulled me over was NOT a police or traffic officer serving as an escort.

is this ticket fightable? i mean its not like i intentionally broke the law by passing the chp

 

[I_Got_Banned]

now for one i WAS maintaining a 300 foot distance up until i took my exit.

And when you took your exit, you violated the 300 foot distance.

Where in the code section does it make an exception for taking your exit?

and for two the bike cop that pulled me over was NOT a police or traffic officer serving as an escort.

Where in the code section does it say that ONLY the officer serving as an escort can issue the citation?

is this ticket fightable?

Not based on what you posted... But you're free to make your (invalid) arguments to the judge!

i mean its not like i intentionally broke the law by passing the chp

1. Ignorance of the law is not an excuse, and
2. Here is what you stated in your post:

as he was slowing down and heading for the debris i decide to just go ahead and take my exit.

That sounds like a conscious decision to pass him.. Its not like you couldn't see that his emergency lights were on!

 

[justalayman]

i was riding on the freeway with my motorcycle as this chp and glendale motorcycle cop were controlling traffic.

how were they controlling traffic?

 

[FlyingRon]

Did he have his light on?

You're free to pass emergency vehicles unless they're operating their lights (and possibly siren).

 

[Zigner]

how were they controlling traffic?

This is the perfect example of a "Round Robin"

Google "round robin" chp

 

[justalayman]

This is the perfect example of a "Round Robin"

Google "round robin" chp

now the debris makes some sense as well.


OP never stated if their lights were on. I would suppose that is the key to the answer. No lights, no valid ticket. Lights on, if they were in the same lane and closer than 300 feet, I would guess the ticket is valid.

 

[Zigner]

now the debris makes some sense as well.


OP never stated if their lights were on. I would suppose that is the key to the answer. No lights, no valid ticket. Lights on, if they were in the same lane and closer than 300 feet, I would guess the ticket is valid.

The CHP Round Robin has the chp car weave back and forth across all lanes of traffic to bring traffic to a gradual stop. The lights are ALWAYS on during this procedure.

 

[k2worldwweapon]

And when you took your exit, you violated the 300 foot distance.

Where in the code section does it make an exception for taking your exit?


Where in the code section does it say that ONLY the officer serving as an escort can issue the citation?


Not based on what you posted... But you're free to make your (invalid) arguments to the judge!


1. Ignorance of the law is not an excuse, and
2. Here is what you stated in your post:

That sounds like a conscious decision to pass him.. Its not like you couldn't see that his emergency lights were on!

it says "This section shall not apply to a police or traffic officer when serving as an escort within the purview of Section 21057."

therefore the bike cop should have been just the like rest of the cars and maintained a 300 foot distance as well. and he did not have ANY lights on. only the chp officer had his hazards on


this is exactly what he wrote on my ticket " 21706 vc passing emergency vehicle." but the vc 21706 mentions nothing about passing, it specifically talks about following. and by the time i exited i was not following anymore

 

[randomguy]

Get your self a lawyer and fighting it.

 

[I_Got_Banned]

it says "This section shall not apply to a police or traffic officer when serving as an escort within the purview of Section 21057."

therefore the bike cop should have been just the like rest of the cars and maintained a 300 foot distance as well.

That's your own interpretation of 21057 and its not even close to what it really means! Here is 21057:

21057. Every police and traffic officer is hereby expressly prohibited from using a siren or driving at an illegal speed when serving as an escort of any vehicle, except when the escort or conveyance is furnished for the preservation of life or when expediting movements of supplies and personnel for any federal, state, or local governmental agency during a national emergency, or state of war emergency, or state of emergency, or local emergency as defined in Section 8558 of the Government Code.

It really isn't that difficult to interpret or rephrase.

Furthermore, and *EVEN IF* the other officer was in violation of the code section in that he should have stayed behind the CHP officer, that is not going to get you out of your citation. One, has NOTHING to do with the other.

and he did not have ANY lights on. only the chp officer had his hazards on

Bull**** I have never seen an officer running a traffic break (or a "round robin" as Zigner calls it) with only hazard lights on. Add the fact that this one was on a motorcycle, he'd have to be an idiot to run it without emergency lights! But you're free to make that claim in court -after- the officer testifies that emergency lights were on! Who knows, maybe the judge I'll believe you!

this is exactly what he wrote on my ticket " 21706 vc passing emergency vehicle." but the vc 21706 mentions nothing about passing, it specifically talks about following. and by the time i exited i was not following anymore

"Common sense" isn't one of your strong suits is it?

In the process of you passing the officer, and later as you passed him were you closer than 300 feet from him? If the answer is "yes" then guess what? You will be found guilty of the violation.

 

[k2worldwweapon]

my common sense tells me that since the CHP was stationary when i passed him. i was not technically not FOLLOWING anymore.

 

[Zigner]

my common sense tells me that since the CHP was stationary when i passed him. i was not technically not FOLLOWING anymore.

Then IGB was right.