Legal Question in Traffic Law in Florida

I was given a traffic citation for improper passing on a university campus today. I was on a road divided by two solid yellow lines, with one lane on each side. I was operating a 49cc motor scooter. A city bus pulled to the right side of the lane and stopped, turning on the bus' yellow blinking lights. Prior to the bus stopping, I was on the left side of the lane, so when the bus pulled to the right edge of the lane, there was plenty of space to pass the stopped bus. I proceeded to drive past the bus on the scooter, without crossing over the double yellow line. A motorcycle officer was waiting in the grass on an intersection about a half block away and proceeded to pull me over and issue me an 'improper passing' citation that read: "passing stationary [city bus] with double yellow lines present." Since I never left my lane, or even touched the yellow lines and since the bus was stopped with its hazards on, can this even be classified as passing? I would like to contest the ticket. It is the same concept as a vehicle stopped on the right side of a one lane road with its hazards on. Vehicles may proceed past the stopped vehicle.

Asked on 10/28/11, 12:35 pm

Craig Epifanio Craig Epifanio, P.A.

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Simply put, you can not pass if there are double yellow lines, even if the bus is stopping to pick up or drop off passengers.

Answered on 10/28/11, 3:36 pm

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