VTL § 1252(b) — Improper Passing (Motorcycle)

The Benjamin Goldman Law Office defends New York riders charged under Vehicle & Traffic Law § 1252(b). This subsection prohibits a motorcyclist from overtaking and passing a vehicle within the same lane. It is often written after an officer observes lane sharing or an overtake without a full lane change. A conviction adds points and fines and can trigger higher penalties on subsequent offenses. We handle motorcycle matters throughout Long Island and across New York State.

What § 1252(b) Prohibits

Section 1252 regulates how motorcycles are operated on laned roadways. Under subsection (b), a rider may not pass a vehicle while remaining in the same lane that the overtaken vehicle occupies. Proper passing generally requires a safe and lawful lane change with adequate clearance. Subsection (c) separately addresses riding between lanes/rows (lane-splitting), and subsection (d) limits riding more than two abreast.

Penalties for VTL § 1252(b)

• Points: 3 points
• Base fine (first offense): $0–$150; up to 15 days jail possible
• Second offense within 18 months: $0–$300; up to 45 days jail possible
• Third offense within 18 months: $0–$450; up to 90 days jail possible
• Mandatory surcharge: Typically $88 (other courts) or $93 (town/village courts)

Courts set fines and surcharges within statutory ranges. Jail terms are statutory maximums and are unusual for a first offense.

Statute

The exact wording of the relevant sub-statute sub-statute is:

§ 1252. Operating motorcycles on roadways laned for traffic.

(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

Defending a § 1252(b) Ticket

To prove § 1252(b), the prosecution must show that an overtake occurred without leaving the lane of the vehicle being passed. Helpful defense angles can include: whether a full lane change actually occurred; whether the other vehicle moved or straddled lane lines; whether the rider had sufficient room and signaled; roadway or traffic conditions affecting the officer’s vantage point; and whether another subsection (e.g., § 1252(c) lane-splitting) more accurately fits the facts.

Our office requests the officer’s notes, analyzes any dash/body camera where available, and negotiates for reductions to lower-point or no-point dispositions when appropriate. We often appear without clients, saving time and travel.

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