Citation on the factory equipped foldable license plate holder
#11
11-19-2012 | 05:45 AM
Club Member
Joined: Jul 2012
Posts: 2,697
Likes: 9
From: San Angelo, Texas
The "title" of that says "centered" but I don't see that requirement anywhere in the actual statutes. Plus, as I said above, they can't contradict a factory, DOT-approved bracket. (and yes, the HD side mounted brackets all do have the white light, as that's a DOT requirement)
And they DO.
DOT is a guideline, and the individual STATES have the right to thier OWN regulations that go beyond the DOT, which is only a recomended standard min, license plates and the display of them being one of the biggest.
#12
11-19-2012 | 07:38 AM
Elite HDF Member
Joined: Aug 2008
Posts: 4,933
Likes: 8
From: Kentucky
Show up to court with proof that it's a DOT-approved factory thing....then after it gets thrown out, file a complaint with the department for an improper ticket because he didn't bother ensuring that he knew what he was doing.
I usually try to see the cop's side of things, but this just plain sounds like he had a burr up his ***. Your chances in court are 100%....the MoCo can't sell something on the bike unless it's completely DOT-legal. And no State/County/Municipal law can make a DOT-legal thing illegal. Therefore, he gave you an improper (and thus illegal) ticket.
EDIT: You might even be able to take that proof to the police station and ask to see his supervisor or the actual Chief (or any supervisor or above). Show them the proof that it's a factory DOT plate bracket and they might take care of it right then and there....meaning, they'll take the proof you bring and just go to the court clerk and have them nullify the ticket immediately.
I'd still file a complaint no matter what. Overzealous traffic guys who don't know the regs they're trying to enforce need a slap on the wrist some times....maybe they'll force him to take a class on motorcycle equipment and regulations as part of his Continuing Ed. requirements.
I usually try to see the cop's side of things, but this just plain sounds like he had a burr up his ***. Your chances in court are 100%....the MoCo can't sell something on the bike unless it's completely DOT-legal. And no State/County/Municipal law can make a DOT-legal thing illegal. Therefore, he gave you an improper (and thus illegal) ticket.
EDIT: You might even be able to take that proof to the police station and ask to see his supervisor or the actual Chief (or any supervisor or above). Show them the proof that it's a factory DOT plate bracket and they might take care of it right then and there....meaning, they'll take the proof you bring and just go to the court clerk and have them nullify the ticket immediately.
I'd still file a complaint no matter what. Overzealous traffic guys who don't know the regs they're trying to enforce need a slap on the wrist some times....maybe they'll force him to take a class on motorcycle equipment and regulations as part of his Continuing Ed. requirements.
#13
11-19-2012 | 07:41 AM
Elite HDF Member
Joined: Aug 2008
Posts: 4,933
Likes: 8
From: Kentucky
The "title" of that says "centered" but I don't see that requirement anywhere in the actual statutes. Plus, as I said above, they can't contradict a factory, DOT-approved bracket. (and yes, the HD side mounted brackets all do have the white light, as that's a DOT requirement)
The statute says the stock bracket is illegal and neither DOT nor HD has anything to say about it.
#15
11-19-2012 | 07:52 AM
Club Member
Joined: Feb 2007
Posts: 16,320
Likes: 302
From: Boynton Beach, FloriDuh
A flippable, thus concealable, plate on a motorcycle in FL is illegal. They don't want anyone hiding from toll and red-light cameras.
#16
11-19-2012 | 07:58 AM
Cruiser
Joined: Nov 2011
Posts: 142
Likes: 0
From: cincinnati
It's unbelievable how many laws are on the books these days. Government and it's slaves will do anything to keep the plantation running. Let's make another license plate law that will keep no one safe and bring in more money! Yay!
#17
11-19-2012 | 08:11 AM
Club Member
Joined: Jul 2012
Posts: 2,697
Likes: 9
From: San Angelo, Texas
We are slaves to Government because we allow ourselves to be. THAT needs to be changed, but is fodder for a nice discussion over a beer sometime SOON...not on the internet where everyone can see it
#20
11-19-2012 | 09:00 AM
Road Master
Joined: Apr 2010
Posts: 1,206
Likes: 68
From: Orange County, NY
Seems like a few of you guys have it right, and a few of you think that complaining to a supervisor and "fighting this bs" will help...........
From one of your responses....
The new law amended Florida Statute 316.2085(3) to state: “The license tag of a motorcycle or moped must be permanently affixed to the vehicle and may not be adjusted or capable of being flipped up.
So the Florida statute states, clear as crystal, that the plate may NOT be adjusted or capable of being flipped up. Your plate was mounted on a mount that is capable of being flipped up........where was the officer wrong ?????
From one of your responses....
The new law amended Florida Statute 316.2085(3) to state: “The license tag of a motorcycle or moped must be permanently affixed to the vehicle and may not be adjusted or capable of being flipped up.
So the Florida statute states, clear as crystal, that the plate may NOT be adjusted or capable of being flipped up. Your plate was mounted on a mount that is capable of being flipped up........where was the officer wrong ?????