sure, ride with factory equipped bike and take it up the *** by the man. what an advocate for freedom you are....

 

I think there is some validity to this. When I use the local toll road on my Ultra, I never get the Pay by Mail notices, which I would pay. I just don't think the cameras are able to pick up the plate from their overhead location.

 

big difference. he didn't buy the bike in a surrounding state that doesn't have that statute. he bought it in fl. any rational person would assume that if you went into any dealership in fl and bought a new bike, that it would meet all applicable laws, at that time.

 

I don't think that is a safe assumption, but a natural one to make. Cars in California are required to have front license plates, but many are delivered with the bracket in the trunk or no way to mount the front plate. I still have the one that came with my car, and it would require the dealer to install it (or me drilling the bumper to get to the mounting holes).
Also, it could be something to do with the dealer not installing the actual plates. Maybe you aren't out of compliance until the plate is mounted, which would explain the CA front plate issue on cars. The owner is ultimately responsible, but it would be easy to assume the front plate isn't required here if you didn't know better.

 

If you can beat it or not depends on which law was noted on the citation. It is your responsibility to make sure that the equipment on your bike meets the laws of the state that you are riding in. 316.2085(3) states that the tag must not be able to be flipped. If he cited a different statute then you may be able to fight it, but that is the one that they usually put on a citation like that.

You can try removing the bracket, and document that it has been removed, and you may get some leniency. Leaving it on will only invite another citation at some future date.

 

It is unfortunate that the OP got cited under the statute as the statute was revised this year by Chapter 2012-184, Laws of Florida. I believe the new statute takes affect January 1, 2013. The revised statute no longer prohibits a license plate that may is moveable.

The OP may wish to appear before the judge to explain that it was original equipment, he had no idea that the statute prohibited his license plate, the license plate was not folded in and was at all times visible, and the statute was revised leading one to conclude the State recognized that such a prohibition was not necessary. Good luck.

The new statute reads:

(3) The license tag of a motorcycle or moped must be permanently affixed to the vehicle and remain clearly visible from the rear at all times. Any deliberate act to conceal or obscure the legibility of the license tag of a motorcycle is prohibited. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground. Notwithstanding the authorization to affix the license tag of a motorcycle or moped perpendicularly to the ground, the owner or operator of a motorcycle or moped shall pay any required toll pursuant to s. 316.1001 by whatever means available.

 

316.2085 states that the license plate must be "incapable of being adjusted" so the ability to fold the plate makes it illegal in Florida, the cop was a dick for enforcing it but he was within the law.

 

Incidentally if you bought the bike in Florida from a dealer then the dealer should have informed you about the law, it seems you were supplied with a non road legal vehicle in that case which would make the dealer culpable.

 

Next time I get a speeding ticket, I'm going to go to court and tell them its the dealers fault because the vehicle came from them with the ability to go faster than the speed limit. I wonder how that will go for me. Your plate mount is illegal, you got a Dick cop that enforced an obsolete law, pay the fine and move on.

 

Sound to me like time to make good use of your ABATE membership.