Citation on the factory equipped foldable license plate holder
#1
11-18-2012 | 10:01 PM
Thread Starter
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1st Gear
Joined: May 2012
Posts: 5
Likes: 0
From: Miami, FL
Citation on the factory equipped foldable license plate holder
Greetings,
I was enjoying my Sunday afternoon ride down here in Miami FL today. Next thing you know I saw blue and red lights flashing from my rear view mirrors. The cop approached my bike and started folding the license plate and rudely asked me "who installed this, this is illegal". I tried to explain it is standard factory equipment from HD but he didn't want to hear about it. He issued me a citation which requires me to show up in court. Has anyone experienced this? I am still stunned several hours later. I don't understand why the cop gave me a hard time over something so ridiculous and if it is indeed illegal how can HD sell tons of bikes with the same set up?
Do I stand a chance in court? Need some advise.
Thank you in advance.
2011 v rod muscle.
2012 Iron 883.
I was enjoying my Sunday afternoon ride down here in Miami FL today. Next thing you know I saw blue and red lights flashing from my rear view mirrors. The cop approached my bike and started folding the license plate and rudely asked me "who installed this, this is illegal". I tried to explain it is standard factory equipment from HD but he didn't want to hear about it. He issued me a citation which requires me to show up in court. Has anyone experienced this? I am still stunned several hours later. I don't understand why the cop gave me a hard time over something so ridiculous and if it is indeed illegal how can HD sell tons of bikes with the same set up?
Do I stand a chance in court? Need some advise.
Thank you in advance.
2011 v rod muscle.
2012 Iron 883.
#3
11-18-2012 | 10:28 PM
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.
Last edited by Gruamach; 11-18-2012 at 10:32 PM.
#4
11-18-2012 | 10:29 PM
Extreme HDF Member
Joined: May 2010
Posts: 11,165
Likes: 1,791
From: Puget Sound, WA.
Have your dealer give a written complance with FL laws and fight this b.s.
http://accessories.harley-davidson.c...ense-plate-kit
http://www.sinclairlaw.com/go/news.release/id/47
.
316.410 Taillamps.—
(1) Every motorcycle and motor-driven cycle shall have at least one taillamp which shall be located at a height of not more than 72 nor less than 20 inches.
(2) Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 223, ch. 99-248.
Note.—Former s. 316.244.
http://accessories.harley-davidson.c...ense-plate-kit
NOTE:. License plate location and fold-away feature is regulated in many states. Check state and local laws before installation.
FL-On Wednesday October 1, 2008
A new law regarding motorcycle license plates (tags) goes into effect. The new law requires that a motorcycle tag be centered on the bike, be at least 24 inches above the ground and be displayed so the numbers and the letters can be read from left to right. It cannot be hidden or sideways.
A new law regarding motorcycle license plates (tags) goes into effect. The new law requires that a motorcycle tag be centered on the bike, be at least 24 inches above the ground and be displayed so the numbers and the letters can be read from left to right. It cannot be hidden or sideways.
Governor Charlie Crist signed an amended bill (SB 1100) apparently restoring the legality of the use of a vertical tag/vertical license plate for motorcycles and mopeds. The new law went into effect on June 16, 2009.
Prior to the change, Florida Statute 316.2085(3) stated: “The license tag of a motorcycle or moped must be permanently affixed horizontally to the ground and may not be adjusted or capable of being flipped up.”
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. No device for or method of concealing or obscuring the legibility of the license tag of a motorcycle shall be installed or used.” The language requiring a motorcycle license plate be affixed horizontally was deleted.
Currently there are some law enforcement agencies that are issuing citations for having a Vertical Tag by citing FL Statute 316.605 which states in part: “Vehicle license plates shall be affixed and displayed in such a manner that the letters and numerals shall be read from left to right parallel to the ground.”
Prior to the change, Florida Statute 316.2085(3) stated: “The license tag of a motorcycle or moped must be permanently affixed horizontally to the ground and may not be adjusted or capable of being flipped up.”
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. No device for or method of concealing or obscuring the legibility of the license tag of a motorcycle shall be installed or used.” The language requiring a motorcycle license plate be affixed horizontally was deleted.
Currently there are some law enforcement agencies that are issuing citations for having a Vertical Tag by citing FL Statute 316.605 which states in part: “Vehicle license plates shall be affixed and displayed in such a manner that the letters and numerals shall be read from left to right parallel to the ground.”
316.410 Taillamps.—
(1) Every motorcycle and motor-driven cycle shall have at least one taillamp which shall be located at a height of not more than 72 nor less than 20 inches.
(2) Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 223, ch. 99-248.
Note.—Former s. 316.244.
Last edited by Sling Blade 14; 11-18-2012 at 10:37 PM.
#5
11-18-2012 | 10:35 PM
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)
#6
11-18-2012 | 10:43 PM
Road Captain
Joined: Oct 2010
Posts: 521
Likes: 3
From: Colorado Springs, Co.
Go straight to court with the factory spec sheet, get it thrown out, and tell the idiot traffic cop to pound sand up his ***.
When I'm working duty, I could care less about stupid **** like that, unless the plate is totally hidden, what he did was wrong and a giant waste of time and taxpayer dollars.
When I'm working duty, I could care less about stupid **** like that, unless the plate is totally hidden, what he did was wrong and a giant waste of time and taxpayer dollars.
#7
11-18-2012 | 10:49 PM
Intermediate
Joined: Oct 2012
Posts: 31
Likes: 0
From: Oregon
I once got pulled over for having 2 headlights. after about 20 minutes several calls on the radio and his supervisor coming down I drove away without a ticket and the officer drove away a little chastized.
get your ducks in a row like the others have said go to court or where ever you need to to get it cleared and file a complaint.
get your ducks in a row like the others have said go to court or where ever you need to to get it cleared and file a complaint.
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#9
11-19-2012 | 04:12 AM
Road Warrior
Joined: Aug 2009
Posts: 1,889
Likes: 102
From: Mississippi
Greetings,
I was enjoying my Sunday afternoon ride down here in Miami FL today. Next thing you know I saw blue and red lights flashing from my rear view mirrors. The cop approached my bike and started folding the license plate and rudely asked me "who installed this, this is illegal". I tried to explain it is standard factory equipment from HD but he didn't want to hear about it. He issued me a citation which requires me to show up in court. Has anyone experienced this? I am still stunned several hours later. I don't understand why the cop gave me a hard time over something so ridiculous and if it is indeed illegal how can HD sell tons of bikes with the same set up?
Do I stand a chance in court? Need some advise.
Thank you in advance.
2011 v rod muscle.
2012 Iron 883.
I was enjoying my Sunday afternoon ride down here in Miami FL today. Next thing you know I saw blue and red lights flashing from my rear view mirrors. The cop approached my bike and started folding the license plate and rudely asked me "who installed this, this is illegal". I tried to explain it is standard factory equipment from HD but he didn't want to hear about it. He issued me a citation which requires me to show up in court. Has anyone experienced this? I am still stunned several hours later. I don't understand why the cop gave me a hard time over something so ridiculous and if it is indeed illegal how can HD sell tons of bikes with the same set up?
Do I stand a chance in court? Need some advise.
Thank you in advance.
2011 v rod muscle.
2012 Iron 883.
Did it happen to be folded when he stopped you?