Traveling south in the District of Columbia and turning left at a lighted intersection. Two opposing traffic lanes. Outside curb lanes used for parking at that time. (Curb lane open for traffic in rush hour.) Northbound traffic congested and virtually stopped. Northbound car entering intersection stopped to permit my left turn. Motorcycle passing him on right hit me at speed. Officer gave me a ticket for failure to yield right-of-way.
It was impossible for me to see the motorcyclist approaching behind the stopped line of traffic or for him to see me. My contention is that the ticket was improper because motorcyclist did not have the right of way, not operating in a lane. Under that condition, the following regulations make his passing illegal:
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2202.5 The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) On a street or highway with unobstructed pavement not occupied by parked vehicles and of sufficient width for two (2) or more lines of moving vehicles in each direction; and
(c) On a one-way street or upon any roadway upon which traffic is restricted to one direction of movement; where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles.
2202.6 The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. In no event shall the
passing movement be made by driving off the pavement or main-traveled portion of the roadway.
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Am I right?
It was impossible for me to see the motorcyclist approaching behind the stopped line of traffic or for him to see me. My contention is that the ticket was improper because motorcyclist did not have the right of way, not operating in a lane. Under that condition, the following regulations make his passing illegal:
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2202.5 The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) On a street or highway with unobstructed pavement not occupied by parked vehicles and of sufficient width for two (2) or more lines of moving vehicles in each direction; and
(c) On a one-way street or upon any roadway upon which traffic is restricted to one direction of movement; where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles.
2202.6 The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. In no event shall the
passing movement be made by driving off the pavement or main-traveled portion of the roadway.
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Am I right?