I was too lazy to type a long-winded response on my IPhone. SJ Ron

 

Great post. To add to what you said, DOT regulations cannot be a Federal Law, as the constitution does not give the Federal Government this control. It is similar to the Fed push for seat belts, raising the drinking age, lowering speed limits. The Fed has to "encourage" the states to pass their own laws by threatening to withhold federal tax dollars to the state, but cannot directly enact a law to do so.
If the Federal Government tried to pass such a law, it would be unconstitutional. It is not unconstitutional at the state level, as the state constitution has much broader powers.
In the end, a state cannot override a federal law (it can't restrict a right granted by the US Constitution) such as freedom of speech or religion. It can pass a law that is within the bounds of the state constitution that doesn't violate the US Constitution (helmet laws, cell phone laws, murder, etc...)

 

Great post!

To bring it back to the original topic:

OP, your dealer selling you an adjustable license plate mount on your new bike doesn't put them at any type of liability in this situation. While it would have been "nice" of them to advise you that the mount was illegal in your state, they are not legally binded to do so (unless otherwise stated in the contract you signed, I would take a good look at it.).

I'll agree, that cop was being a dick for enforcing such a statute, but it is what it is, can't fault the guy for doing his job. If you genuinely feel like you are not guilty of this charge, I suggest pleading such and appearing before a judge. The best advice I can give you is try not to be some self-taught lawyer while in front of the magistrate. Just tell him exactly what happened. While ignorance to the law isn't a defense, the judge may have some empathy and reduce the fine or dismiss the citation.

Good luck.

 

OP
Listen to half of these internet legal experts, and their advice is so bad you could very well end up with a sentence of life without parole for a misdomeanor! You were illegal. When and if the law changes in January, you will still be illegal when you got the ticket. Pay the fine, fix the bike and be done with it and whatever you do, don't come here for legal advice.

 

uh, wrong....regarding DOT regulations...
"Code of Federal Regulations. Title 49 encompasses regulations for domestic transportation. Issued by the US Department of Transportation, this includes all modes of transportation, rail, highway, air, and ocean. "

http://www.airseacontainers.com/hazm...s/cfr-title-49

All of Title 49 is enforacble by agents of the federal government. Some are regarding design, some operation, operators, maintenace, etc. Civil penalties may be appled to any violation of 49CFR, regardless of part.

DOT also publishes standards, such as the helmet standards, etc..

 

I vote this as best post of the thread!...

 

Yes - that falls under inter-state regulation, which they do have jurisdiction over.

 

Get real. Half the used bikes dealers sell are illegal because of the exhaust and other mods.

 

I remember a few years ago here in WV, You could buy a NEW jeep liberty with a package that had off road lights on the top of the cab. The lights caused the jeeps to not pass the state inspections here. But dealers were stll allowed to sell them. It was up to you if you wanted to buy one or not. Sounds like the same thing to me.

 

Yet where I live they all have inspections from here or the surrounding states by the dealers that sell them. It's a requirement.