Ticket with Permit (NY)

[teeedubya]

Hello,

I have a NY motorcycle permit and got a ticket for driving without a license because I had no other licensed motorcycle driver with me. Anyone have this happen to you? How did you resolve it? I'm not sure if I have to go to court or not. On the back of the ticket it just has a violation and fine listed for expired licenses.

Thanks.

[Rusty Rocket]

Do you have a license to drive a car? In CT you get a permit and ride alone with no problem. Don't know NY law. I'd ask your motor vehicle dept. (if you can get through on the phone)

[TengaiJohn]

In NY you are supposed to have another rider within 1/4 of a mile.

When a motorcycle learner is practicing, the supervising driver must hold a valid motorcycle license, be at least 18 years old and remain within 1/4 mile of the learner at all times. Additional restrictions apply to junior learners. The supervising driver need not ride on the learner's motorcycle, but no other supervising driver may be a passenger. The learner and supervising driver should remain within sight of one another at all times and discuss the learner's performance after practice. We recommend at least 30 hours of practice, with at least 10 in moderate to heavy traffic.

Have you scheduled your road test yet?

[urbancowboy]

hate to say i told you so, but a few months ago you asked about registering a bike with a learners permit. this was my response in that thread:

no problem

---

definitely not a problem to register a bike in nys when you have only a nys license with motorcycle learners permit only. they would probably let you register it even without any kind of M endorsment.

be careful riding around nyc with the permit only. the city has been known to take the bike if you are riding alone with learner permit only. they will hold the bike until you show up with a buddy who has the full mot endorsement. that's one way to ruin a nice ride.
__________________

now for todays problem: the ticket technically should be for "riding out of class" or unlicensed operator. vtl 509 B if memory serves me correctly. you need to either plead guilty and send in the fine (same fine for all of those violations) or plead not guilty if you think the ticket has mistakes on it. pm me if you want more info.

did the po po take the bike? if not, you're lucky.

[teeedubya]

You were right, my luck caught up with me. What's the odds they would casually pull up and ask if I have my license? Luckily they didn't take the bike. Anyway, on to the ticket. On the description they wrote, " Learner Permit / Unlicensed Operator". For the violation 501.02 . There doesn't seem to be a matching violation listed on the back. The closest thing I could find is the "Unlicensed" box that has the following inside it:

Exp 60 days or less = $40 + $50
Exp over 60 days = $75 + $50

Since I never technically had the license maybe it's the $40 + $50? I don't know. I called a police precinct and asked them about this, they didn't have a clue. I then called the DMV and I couldn't get passed the automated crap.

I was thinking I should just send the ticket in with no payment and have them ask for the specific amount.

[urbancowboy]

here is a link to the new york vehicle and traffic law:
perhaps either code would work:

http://public.leginfo.state.ny.us/menugetf.cgi

it looks like the $90 fine would apply, if you plead guilty. if you have time or like to gamble, you can always plead not guilty and hope something happens in your favor. whatever you do, don't wait more than a few days. your license WILL get suspended if you don't mail in the ticket within 10 days.

[urbancowboy]

§ 509. Violations. 1. Except while operating a motor vehicle during
the course of a road test conducted pursuant to the provisions of this
article, no person shall operate or drive a motor vehicle upon a public
highway of this state or upon any sidewalk or to or from any lot
adjacent to a public garage, supermarket, shopping center or car washing
establishment or to or from or into a public garage or car washing
establishment unless he is duly licensed pursuant to the provisions of
this chapter.
1-a. Whenever a license is required to operate a commercial motor
vehicle, no person shall operate a commercial motor vehicle without the
proper endorsements for the specific vehicle being operated or for the
passengers or type of cargo being transported.
2. Whenever a license is required to operate a motor vehicle, no
person shall operate a motor vehicle unless he is the holder of a class
of license which is valid for the operation of such vehicle.

[comes naturally]

I asked the PA DOT when I got my permit if I could ride alone. They had no idea...

[viverrid]

Originally Posted by Rusty Rocket

...In CT you get a permit and ride alone with no problem. Don't know NY law.

In NY you definitely have to have an escort rider. In MA and CT you don't.

[DAKEZ]

In OR you must have escort, Not ride after dark, and no passengers.

What I would do is get your endorsment and go to the Magistrate and show him. Often times they will dismiss or reduce the fine.

Good luck

[teeedubya]

Well,

This week is just getting worse by the day. I went to reschedule my road test for an earlier one, it was originally scheduled for June 4th, and now I lost that appointment and the next one is June 25th!

Should I just show up with the original June 4th printout and say it was computer error?

[TedSki]

In California, a rider with a permit cannot ride at night or on freeways, nor carry passengers, but may ride alone. Not that this is relevant.

Also, in California, if you take the MSF Basic Rider Course, you need not take the roadtest. NY doesn't work this way I take it?

[teeedubya]

It works the same way here in NY, but that is booked till end of July.

[viverrid]

Originally Posted by Cityboy

Should I just show up with the original June 4th printout and say it was computer error?

Sheesh, ya just don't freakin' learn???

FOLLOW THE RULES for a change, and then you'll stop getting in trouble.

But see if you can get the ticket hearing continued to a later date. Firstly (IF you pass!) this could help get the magistrate to be willing to give you a better disposition. Secondly, here in MA if you are found responsible for a ticket while riding/driving on a learner's permit, then you cannot take your road test for six months!

When you wnet to schedule, did your name come up in theri computers as having an open ticket? (Don't know how on the ball their systems are.)

[teeedubya]

I think the best course of action is to sign up for the MSF course and be done with it.