Live in NYC – Manhattan. On the way back in today, get off the FDR south and there are 8 LEO’s on foot spread out in a two block area pulling over motorcycles at random. I get flagged and pull over. Ask them what the issue is and the LEO say’s I am not wearing a visor (I am wearing a DOT approved lid, Panoptx glasses and have a DOT approved HD windshield on). Along with license, reg and ins check.

LEO states that glasses would have a DOT marking on them if they were legal and proceeds to write me up for a $30 equipment violation for face shield - goggles violation. Violation section 381.7.

I asked to speak with LEO in charge and he repeats the same as 1st. Plead my case with LEO in charge, lose and I smile and tell them no problem, take the ticket and drive on, pissed.

Did a little research and find that section 381.7 states the following:
It shall be unlawful, on and after January first, nineteen hundred sixty-seven, for any person to operate a motorcycle unless he wears goggles or a face shield of a type approved by the commissioner. The commissioner is hereby authorized and empowered to adopt and amend regulations covering types of goggles and face shields and the specifications there for and to establish and maintain a list of approved goggles and face shields which meet the specifications as established hereunder.

Also on the NYC DMV site:
All motorcycle operators must wear approved eye protection even if the motorcycle is equipped with a windshield. Any windshield must also be of an approved type. Prescription or made-to-order safety glasses may be used if the user can present written certification that they meet DMV standards. The eye protection must be manufactured in conformity with the regulations issued by the Vehicle Equipment Safety Commission (VESC-8).&nbsp\\; However, the DMV recommends approved goggles or a face-shield for full protection.


Here’s the question. Pay the $30 and call it a day or fight it. The panoptx are not VESC-8 or ANSI Z87.1-2003-American National Standards Institute (ANSI).Won't lose pay to take time off from work but its just on principal that I feel the need to fight it. I plan on a letter to DMV to ask for a copy of the "list of approved glasses".


Any suggestions??

 

wow&nbsp\\; . .&nbsp\\; I have never heard of such a thing in NY before.&nbsp\\; Bastards!

 

The code of conduct prohibits me from voicing my opinion on this...........

 

The written request for "official State-approved" eyewear from DMV comrade would be suggested. Worded in a diplomatically format yet stressing the ridiculousness would be advised. Let us know what they say.

 

we more or less have the same law in Oklahoma except its either-or eye-protection or windshield. The list our state has to maintain just refers you to the National Highway Traffic Safety Administration's list. I would think NYC would do the same thing. Panoptx are not ANSI Z87.1 approved, as you stated, and would not be on any list as DOT approved. I would say pay the $30 and buy a set of approved glasses. My Wiley X have Z87.1 printed in two places on them. However, my Bobsters do not. I don't agree with helmet laws, but good eye protection is not only for your safety but the safety of everyone around you too.

 

I contacted Panoptx. Spoke with an executive and he sent me a copy of the impact certification for the Diablo’s. Turns out that they are ANSI Z87.1 approved. During the conversation asked why they are not marked on the glasses, he said they did a while ago, but recently the stopped. &nbsp\\; I suggested they could include that certification information on the website and he agreed it would help. He also asked to be kept updated, which I will do. &nbsp\\; The summons was sent in with the certification documents and a letter was sent to the DMV along with 4 calls to Albany to request the “list”. &nbsp\\; A copy of the certification is now with the paperwork for the bike. I did look at the Wiley X’s and may just get a pair. It’s just a pain in the ****. &nbsp\\; It’s interesting how NYC goes from bike awareness month in May to lets crackdown in June.

 

Good thing they had the doc. As much as I totally agree with adequate eye protection, having every possible standard stamped on the lenses doesn't leave much room for clear, unobstructed view! As with many other laws, good intent, but totally ridiculous in enforcement.

 

The info you got, was that from the NYS DMV or the NYC web-site. NYC has more stringent codes regarding most things than does the state. My opinion, pay the $30 and move on, fighting tickets in NYC is a friggin nightmare.
Good Luck

 

&nbsp\\;
NYC is also running into citing MC for&nbsp\\;HOV which is a violation of Federal law.&nbsp\\; NYC is doing their own thing &nbsp\\;

 

WARNING TO ALL RIDERS IN NY AND NYC STARTING JULY, 2008 AND THEREAFTER. YOU WILL GET A TICKET FOR RIDING WITH YOUR FACE SHIELD OPEN!!!!!!!

This seems to be a brand new directive within NYPD. Tickets are being written extremely aggressively in NYC. This was actually confirmed by the Officer who wrote to tickets (one issued to me, the other issued to my passenger/girlfriend).

Riding a late model, fully stock Honda 919 Hornet... 12Noon on bright day with occasional drizzle of rain, which caused the plastic shield on my full face Nolan (italy made, DOT approved) helmet to turn translucent\\; I could continue to see light and shapes through it, but detail was obscured by mist on the shield. So after turning off of (busy) Queens Blvd onto Broadway (slow traffic 5-10 MPH) I partially lifted the plastic shield so that I could see "under" it. This enabled me to scan ahead, left and right at pedestrians and other vehicular traffic.

At the Corner of Whitney and Broadway, was a NYPD Patrol Car (parked in front of a fire hydrant), and two NYPD Officers on foot, pointing at vehicles to "pass by" or "pull over". Effectively, this was neither random, or specific. Rather, EVERY vehicle who happened to go passed that particular place on Broadway was either "let go" or pulled over. So this ticket was NOT attributable to "bad luck." Given the fact that the NYPD officers were in constant radio contact (checking licenses, registrations, etc) this was an "Operation."

Anyway, ALL MOTORCYCLE RIDERS IN NYC BEWARE: CLOSE YOUR FACE SHIELDS ALL-THE-WAY TO CLOSED WHEN YOU ARE NEAR A NYPD TICKET-MACHINE OPERATION...

Although I plan to fight this ticket, I have had a lot of experience both directly and vicariously: the chances of LOSING (even with great defenses that are well presented) are VERY HIGH. I spoke to one person who works AT THE TRAFFIC COURT that they have a 98.24% "convict" rate. So chances are that you will LOSE, even with a great defense. Appealing to Albany requires a $300 fee (non refundable) and then you must make a detailed written arguments without the benefit of the recorded testimony in the court.

This particular ticket, I plan to fight, and appeal if I lose even though it will cost me a lot more time and money than its worth. WHY? Two reasons: 1) it seems pretty important that the operator of a motorcycle needs to constantly evaluate and re-evaluate how s/he uses his/her equipment, depending on safety, visibility, road conditions, weather, etc. And if NYC effectively causes there to be the ubiquitous closure of shields, its simply unsafe and inconsistent with the law and the purpose of the law. 2) Me and my girlfriend were so upset (we felt a sense of arbitrariness on part of the law and how "law enforcement" has become a shill for revenue collection on behalf of the state THAT we asked ourselves, "would it have been better to stay home?"

If any of you want updates on how this defense goes, or you want to join forces in a letter to Bloomberg and/or the NYPD Police Commissioner, then send me an email on integrity19[]gmail.com


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