Tickets issued at rallies and events
#31
10-23-2009, 12:30 AM
Cruiser
Join Date: Feb 2009
Location: Indiana
Posts: 230
Likes: 0
Received 0 Likes
on
0 Posts
OK, first off states CAN make more restrictive laws and often do.
Now, as far as writing out of staters, the general rule is you cannot enforce certain equipment infractions on out of staters. For example someone from Indiana (where small amount of tint is legal on forward windows) cannot be ticketed by IL cops for that tint just because he is driving over there. There is a specific federal law or possibly amendment that deals with this. I remember going over this in detail with the former IN Attorney General a few years ago. He was a great guy to settle arguments. I just cannot for the life of me remember the exact verbage or cite it off the top of my head at the moment.
Also, according to most lawyers I have talked to, you should not be cited for your apes in another state. Unless the bike is registered there, they shouldn't cite it for equipment violations. Now pipes are usually worded more as a "noise ord" type violation, so that seems to get around it. If you are cited for something like bars etc out of state, consult an attorney is what I would do!
Now, as far as writing out of staters, the general rule is you cannot enforce certain equipment infractions on out of staters. For example someone from Indiana (where small amount of tint is legal on forward windows) cannot be ticketed by IL cops for that tint just because he is driving over there. There is a specific federal law or possibly amendment that deals with this. I remember going over this in detail with the former IN Attorney General a few years ago. He was a great guy to settle arguments. I just cannot for the life of me remember the exact verbage or cite it off the top of my head at the moment.
Also, according to most lawyers I have talked to, you should not be cited for your apes in another state. Unless the bike is registered there, they shouldn't cite it for equipment violations. Now pipes are usually worded more as a "noise ord" type violation, so that seems to get around it. If you are cited for something like bars etc out of state, consult an attorney is what I would do!
Last edited by BIMC Stinger; 10-23-2009 at 12:30 AM. Reason: re-worded
#32
10-23-2009, 06:14 AM
The cops in my state can stop your for things that are illegal here, but legal in the state your vehicle is registered in. The Code is written, "every vehicle operated on the highways of", which opens the door for valid traffic stops. It's great PC for drug interdiction. You can be written, but most likely won't, though.
As far as bikes goes, Florida sure used to hand out a lot of ape hanger tickets to out of staters in Daytona in the years that I went. If that practice were illegal, you figure somebody would have beat it in court and it would have quit being done.
As far as bikes goes, Florida sure used to hand out a lot of ape hanger tickets to out of staters in Daytona in the years that I went. If that practice were illegal, you figure somebody would have beat it in court and it would have quit being done.
Last edited by xxxflhrci; 10-23-2009 at 06:17 AM.
#33
10-23-2009, 06:48 AM
Seasoned HDF Member
Laws are laws, some suck the big one but they are just laws. You can break them as long as you don't get caught.
#34
10-23-2009, 06:55 AM
Seasoned HDF Member
Join Date: Oct 2007
Location: Western South Dakota
Posts: 55,909
Received 75,713 Likes
on
22,721 Posts
Uhhh, in Sturgis, they jus' walk up to you, and hand you your "handlebars too high" ticket, whilst you are waiting to 'roll ahead'.
H*LL, you can even put it in neutral, dig out your wallet, pay the $20, catch first gear, and NEVER lose your place, in line.
Sorta like the drive up, at Mickey D's.
Werx for them.
H*LL, you can even put it in neutral, dig out your wallet, pay the $20, catch first gear, and NEVER lose your place, in line.
Sorta like the drive up, at Mickey D's.
Werx for them.
#35
10-24-2009, 01:17 AM
Cruiser
Join Date: Feb 2009
Location: Indiana
Posts: 230
Likes: 0
Received 0 Likes
on
0 Posts
Yeah, so Friday we had some training and I spoke to a deputy prosecutor and the prosecutor, one agreed with me and one didn't. I was like WTF? They both did agree that it really isn't something we should write tickets for to out of staters (which I agree with as well) but they couldn't agree on the legalities of it all. And of course it's so minor in comparison to all we are dealing with right now (sex offender law changes and perceptions/interpretations of them all) that I doubt they will worry much about getting me a good solid answer on it!
Crazy huh!
Crazy huh!
#36
10-24-2009, 02:33 AM
Advanced
Join Date: Jun 2008
Location: Memphis, TN
Posts: 69
Likes: 0
Received 0 Likes
on
0 Posts
Went to Junebug Boogie in Cookville TN this past year. The site was located down a two lane country road in the middle of no where only two ways in and out. The local LEO's came out of the woodwork. They set up two road blocks and were stopping people coming and going. Writting tickets for non DOT helmets, DWI, loud pipes, you name it. They probably made more money than the event sponsers. The wife and I had to buy 2 DOT helmets at the event just to be able to go ride the local roads and spend money in their town. Needless to say we won't be going back to Cookeville TN. But then I am sure that was their intent anyway.
#37
10-24-2009, 08:50 AM
Here's one just to help everyone to remember to laugh.
This story takes place at a rally this past summer in a small mountain town in northern Arkansas.
We had met this couple the day before in the parking lot of the motel we were staying at for the week. During the course of the next day we bumped into our new friends at a bar and visited over a few. They had tickets for the concert that evening and decide to head back to the motel to get ready. Like most rallies you have been to the traffic is backed up or stopped. Our friends pull out of the bar parking lot and you guessed it, stuck in traffic.
To give you a little history of the city, it passed an ordnance some years back to control bikes with, well let’s say a high DB levels, measured by how much the store windows rattled in town (this is Arkansas). During the last few years it was just sort of self enforced, an honor system so to speak.
We stayed for another beverage sitting on the deck enjoying the band, and thinking about how bad the traffic was, and watching our friends as they had only made it up the road about a block. While sitting in traffic he starts to demonstrate his exhaust system little,(remember he is stopped) up rides a LEO on a bicycle and writes him for loud pipes, which he gladly accepts as he had had a few. As we witnessed his encounter, we noticed the LEO peddle off to another bike you guessed it another ticket.
But the embarrassment of being on your Harley at a rally and being chased down by a LEO on a bicycle well lets just say we didn't let him forget about it.
Disclaimer: By reading this article and finding it mildly amusing; it does not constitute any rights on your part to drink and drive. Nor shall it constitute any rights on your part to install non DOT approved exhaust systems on your Harley.
This story takes place at a rally this past summer in a small mountain town in northern Arkansas.
We had met this couple the day before in the parking lot of the motel we were staying at for the week. During the course of the next day we bumped into our new friends at a bar and visited over a few. They had tickets for the concert that evening and decide to head back to the motel to get ready. Like most rallies you have been to the traffic is backed up or stopped. Our friends pull out of the bar parking lot and you guessed it, stuck in traffic.
To give you a little history of the city, it passed an ordnance some years back to control bikes with, well let’s say a high DB levels, measured by how much the store windows rattled in town (this is Arkansas). During the last few years it was just sort of self enforced, an honor system so to speak.
We stayed for another beverage sitting on the deck enjoying the band, and thinking about how bad the traffic was, and watching our friends as they had only made it up the road about a block. While sitting in traffic he starts to demonstrate his exhaust system little,(remember he is stopped) up rides a LEO on a bicycle and writes him for loud pipes, which he gladly accepts as he had had a few. As we witnessed his encounter, we noticed the LEO peddle off to another bike you guessed it another ticket.
But the embarrassment of being on your Harley at a rally and being chased down by a LEO on a bicycle well lets just say we didn't let him forget about it.
Disclaimer: By reading this article and finding it mildly amusing; it does not constitute any rights on your part to drink and drive. Nor shall it constitute any rights on your part to install non DOT approved exhaust systems on your Harley.
#38
10-24-2009, 03:56 PM
Join Date: Oct 2009
Location: Central AR - Ozark Foohills
Posts: 326
Likes: 0
Received 0 Likes
on
0 Posts
Yep that's the place, leaving out of the pub parking lot.
#39
10-24-2009, 04:18 PM
Road Master
Join Date: Oct 2009
Location: NC
Posts: 1,159
Likes: 0
Received 0 Likes
on
0 Posts
If they could force out of state residents to wear a helmet, there would be helmet stores at every interstate welcome center and there would be signs saying Helmet on..its the law, bla bla bla, Never seen one of those signs yet in any state.
Another thing is there is no list of approved helmets on most state statutes making the law vague, if your the D.A. cannot prove your helmet does not comply or pass FMVSS 218 test standards, he has no evidence to say it is a legal helmet or not. They have to prove it isnt. They have to meet the burden of proof, I bet he can't.
federal law supercedes state law too, so they cant make up their own bullshit as far as acceptable helmets go. They should be going by FMVSS 218
Another thing is there is no list of approved helmets on most state statutes making the law vague, if your the D.A. cannot prove your helmet does not comply or pass FMVSS 218 test standards, he has no evidence to say it is a legal helmet or not. They have to prove it isnt. They have to meet the burden of proof, I bet he can't.
federal law supercedes state law too, so they cant make up their own bullshit as far as acceptable helmets go. They should be going by FMVSS 218
#40
10-24-2009, 04:23 PM
Road Master
Join Date: Oct 2009
Location: NC
Posts: 1,159
Likes: 0
Received 0 Likes
on
0 Posts
Went to Junebug Boogie in Cookville TN this past year. The site was located down a two lane country road in the middle of no where only two ways in and out. The local LEO's came out of the woodwork. They set up two road blocks and were stopping people coming and going. Writting tickets for non DOT helmets, DWI, loud pipes, you name it. They probably made more money than the event sponsers. The wife and I had to buy 2 DOT helmets at the event just to be able to go ride the local roads and spend money in their town. Needless to say we won't be going back to Cookeville TN. But then I am sure that was their intent anyway.
At the Horse SmokeOut 2 years ago in Farmington,NC the local leo's did the same thing. I got lucky I didn't get stopped for my non-dot helmet but I did have one look at me real hard as I was having issues with my cycle spitting and shuttering at 65 mph and up. I was at a gas station checking it over with my helmet still on and he looked real hard my way as he turned around to get someone else but he couldn't do anything as I wasn't on the motorcycle...lol