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Message started by wayne929 on 12/05/10 at 09:26:07

Title: problems with the fuzz
Post by wayne929 on 12/05/10 at 09:26:07

ok so i live on college campus and the campus police seem to find new and inventive ways to pull thee kid on the noisy motorcycle over. Mpst recent one was last night and i was riding with my girlfriendnabbed me for not having handles for her to hold onto. i wasnt aware this was a law? their no place to put them for practicality. just wondering if anyones even heard of this...

Title: Re: problems with the fuzz
Post by greenmonster on 12/05/10 at 09:27:41

did you tell them that she can hold onto your love handles? That's where my wife holds on.

Title: Re: problems with the fuzz
Post by wayne929 on 12/05/10 at 09:33:24

haha yes actually word for word. (he didnt find it as amuzing as me and my girlfriend did)

Title: Re: problems with the fuzz
Post by Max_Morley on 12/05/10 at 09:42:36

There is a strap on the seat of many european models of motorcycles, but I haven't seen any on USA versions recently. I'd ask them for the specific MV code there are stopping you under, then remember state rules cannot trump federal rules for motor vehicles. If the Feds do not require it, then the state cannot add it in. Max

Title: Re: problems with the fuzz
Post by verslagen1 on 12/05/10 at 09:46:40

I think that's what the back rest is for.
But to resolve the issue with Mr. Big... put a small belt around the front of the pillion.

Title: Re: problems with the fuzz
Post by BurnPgh on 12/05/10 at 10:00:47


7A564F687A58455B524E370 wrote:
There is a strap on the seat of many european models of motorcycles, but I haven't seen any on USA versions recently. I'd ask them for the specific MV code there are stopping you under, then remember state rules cannot trump federal rules for motor vehicles. If the Feds do not require it, then the state cannot add it in. Max

Not so. If your local regulations are more stringent than federal regulations you're required to follow local regulations. Try getting inspected in california and explaning that you dont need CA emissions equipment because the federal govt doesnt require it. And im pretty sure you're required federally to have hand holds for passengers on MCs, its just never enforced.

Title: Re: problems with the fuzz
Post by justin_o_guy2 on 12/05/10 at 10:57:39

You mite want to get a copy of the laws &  anonymously get them over to the great guardians of society.



Heres what I found.


Motorcycle Laws in Florida
These motorcycle statutes are for Florida only and are offered only for general background purposes. Because laws are frequently amended they should not be relied upon without reviewing your legal situation with an experienced motorcycle lawyer. Other statutes and laws may also apply.
316.2095 Footrests, handholds, and handlebars.

(1) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.

(2) No person shall operate any motorcycle with handlebars or with handgrips that are higher than the top of the shoulders of the person operating the motorcycle while properly seated upon the motorcycle.

(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. 166, ch. 99-248; s. 5, ch. 2005-164; s. 12, ch. 2006-290.

Note.--Former s. 316.278.

The McMillen Law Firm represents motorcycle accident victims throughout Florida, including Orlando, Tampa, Jacksonville, Ft. Lauderdale, Bradenton, Clearwater, Daytona Beach, Fort Myers, Fort Pierce, Kissimmee, Melbourne, Miami, Naples, Panama City, Pensacola, Sarasota, St. Augustine, St. Petersburg, Sebring, Tallahassee, Vero Beach, and West Palm Beach, and the counties of Bay, Brevard, Broward, Collier, Dade, Duval, Escambia, Highlands, Hillsborough, Indian River, Lee, Leon, Manatee, Martin, Miami, Orange, Osceola, Palm Beach, Pinellas, Polk, St. John[ch65533]s, St. Lucie, Sarasota, Stuart, and

Title: Re: problems with the fuzz
Post by einheit13 on 12/05/10 at 11:30:24


4374736F516669010 wrote:
[quote author=7A564F687A58455B524E370 link=1291569967/0#3 date=1291570956]There is a strap on the seat of many european models of motorcycles, but I haven't seen any on USA versions recently. I'd ask them for the specific MV code there are stopping you under, then remember state rules cannot trump federal rules for motor vehicles. If the Feds do not require it, then the state cannot add it in. Max

Not so. If your local regulations are more stringent than federal regulations you're required to follow local regulations. Try getting inspected in california and explaning that you dont need CA emissions equipment because the federal govt doesnt require it. And im pretty sure you're required federally to have hand holds for passengers on MCs, its just never enforced.[/quote]

If your bike is not registered in the Peoples Republik of Kalifornia, they can not hold you to certain requirements as long as you're a non-resident. I worked in Kalifornia for 156 days and had to get a safety inspection on my 1979 F-100. No emissions on the truck at all (Va doesn't require it on trucks as mandatory till 1984 and then only on 1/2 ton truck till 1987). No converter, no air pump. Since it was registered in Va, I was null to the visual as well as the sniffer aspect of the inspection.

If it didn't come with it from the factory, it isn't needed. All the bike has to do is pass the NHSTAB safety requirements for that year, and that year alone. There are very few bikes that come with 'grab rails' as standard equipment anymore. And the little leather strap on the seat is for jackets/clothing/small parcels, not as a means of passenger restraint. State law does not dictate safety equipment standards on motor vehicles....only the use of factory installed safety equipment. You don't have to have a seat area for a passenger to ride one on the back, but you must have passenger pegs. NHSTAB required all road going motorcycles to have left side shift/right side brake controls starting in 1975....does that mean that all pre 1975 Sportsters and Brit bikes have to be converted?? Hell no, same with a 'grab rail'. In Virginia, we don't have to run any lights in the day time-as long as the bike came from the factory with a separate on off switch or uses non-factory parts. We also do not have to run a front brake on any motorcycle made before 1972.... All you have to do is go to a dealer and see how many bikes have 'grab rails' as standard equipment or go to your state website and look at the safety inspection requirements for motorcycles-there will be an exclusion date for any 'new' laws. And campus police have state police powers, they know nothing of federal laws....if they did, you'd be wearing a green reflective belt (40 square inches minimum and can be seen for 360*) ............

Title: Re: problems with the fuzz
Post by kimchris1 on 12/05/10 at 11:44:28

Here in Wa State, you must have passenger pegs and seat if carrying a passenger. Nothing about grab rails.
Also if you have a windshield there is no requirements for eye protection, yet helmet is required.
Insurance is not mandatory either.
These were just a few of the requirements that were listed. These are according to the A.M.A.

Here with the Navy as well as the Air Force bases, their are requirements such as a reflective coat or vest when approaching the grounds, as well as you must have a base sticker on either your windshield or bike somewhere.
kim

Title: Re: problems with the fuzz
Post by JohnBoy on 12/05/10 at 12:05:38

FL Requires the following:
Passenger Seat Required if carrying a passenger
Passenger Footrest Required if carrying a passenger
Passenger Age Restriction None

"And Dat's the Name of Dat Tune!"

Fuzz? What year is this? :)

Title: Re: problems with the fuzz
Post by Routy on 12/06/10 at 05:55:48

Dar da Fuzz man !
That rings a bell,.....about 40-50 yrs ago now ! ;D

Title: Re: problems with the fuzz
Post by splash07 on 12/06/10 at 07:15:23

did they cite you for it and if so how much was it? Seems that they are trying to get you no matter what.

Title: Re: problems with the fuzz
Post by wayne929 on 12/06/10 at 07:22:25

no just a friendly reminder. they seem to find new and exiting things to get me for but i almost called bs on this one. im going to get 2 cabinet handles today and put them on the fender inbetween the seats on the sides.

Title: Re: problems with the fuzz
Post by justin_o_guy2 on 12/06/10 at 07:23:58

Why? Make them show ya the law.. dont let them just start making up new laws. Theyll have ya walking backwards & humming a tune if you dont make them obey the law.

Title: Re: problems with the fuzz
Post by wayne929 on 12/06/10 at 07:27:37

yea but getting pulled over everytime i ride gets quite annoying not to mention im nineteen and even though we are all equal here in america, us young guys seem to not hold up in court as well. or seemingly treated by the big man the same

Title: Re: problems with the fuzz
Post by justin_o_guy2 on 12/06/10 at 08:01:50

If theyre just hasslin ya, document it & offer to sue the bastards.

Title: Re: problems with the fuzz
Post by jef.savage on 12/06/10 at 10:43:35

The stock seat on my '08 S50 has a strap between the driver and passenger areas.  So far no one has bothered me about not having a strap on my Mustang seat.  But I'm far from 19.

I would fit a belt around the front of the pillion as mentioned.

Title: Re: problems with the fuzz
Post by justin_o_guy2 on 12/06/10 at 11:25:27

The way I read the law in Fla., He is legal now, nothng needs added. Just the cops need subtracted from his life. If you know your rights & stand for them, theyll have to leave you alone. Or you can sue them. individually, w/o the "free pass" they get for being a city employee. They step from behind that shield when they behave in an illegal manner.



http://lawmdr.com/docs/42_USC_1983.pdf


Anyone, who under color of law ( pretense that since they arre a cop, you must obey) deprives any citizen of rights, privileges, or immunities secured by the Constitution is subject to civil & or criminal penalties pursuant to Title 42 USC, section 1983,1985, 1986 & or title 18 USC section 241 & 242.


USC = United States Code


Get a copy of the law in Fla, showing the requirements.
Have it with you.
Ask a cop if ignorance of the law is an excuse for breaking the law.
Answerf will be NO.
Ask if he has to obey the law.
He'll say yes.

Show him the law & show him how close to being sued he is.

Expect repurcussions.
Get a tiny videocamera & keep it on you at all times for a few months after you teach the punks to shut up & leave YOU alone.

Just the way I think, you do what YOU want to do.. Im a bit of a gadfly..

Title: Re: problems with the fuzz
Post by babyhog on 12/06/10 at 11:51:44

Easy JOG, don't get the boy hurt!  

I'd say you are just gonna have to be extra careful.  If he wants to stop you, he will find a reason.  If he isn't giving you tickets, then maybe offer him a ride! lol  Maybe he's jealous of your bike.... or of your passenger.  Who knows.  As long as you aren't breaking the law, eventually he will get tired of pulling you over.  hopefully...

Title: Re: problems with the fuzz
Post by justin_o_guy2 on 12/06/10 at 11:53:12

Yea, dealin with a cop here,, might need to be afraid..

I sure hate that weve come to thins.

Title: Re: problems with the fuzz
Post by JohnBoy on 12/06/10 at 12:15:03

Guys remember this is a "Florida Cop"! I bet he went to a Florida school, and votes in Florida elections!

Title: Re: problems with the fuzz
Post by mornhm - FSO on 12/06/10 at 13:44:29

In a previous life (I was much younger then - better looking too as I remember it), I would drive around a particular county to avoid being pulled over. It didn't seem to matter what version of LEO would see me, local, county, state, they would pull me over, do a safety check or whatever. Since this county was between where my (now) wife lived and where I lived, I spent a fair amount of time driving between. I always figured there was some ne'er do well that drove a similar car to mine and must have had some bad habits that caused LEOs to be interested enough to pull them over just out of habit. So it took less time to drive around than through. In retrospect my car was a foreign sports car, and probably fairly unique for rural Illinois, so they may have been looking for me. I did try to minimize the time spent travelling.  ;)

Title: Re: problems with the fuzz
Post by Trippah on 12/06/10 at 13:52:25

My 67 red MGB with Massachusetts plates earned me many stops by the locals in North and South Carolina, way back when.  Fortuneately I was in the Army and the military ID smoothed it over most times.... ;)

Title: Re: problems with the fuzz
Post by odmanout on 12/06/10 at 14:19:11

You said "campus police?" They probably don't have much if any authority under the Florida Traffic Act (or whatever it's called). Don't forget the University is private property, and traffic laws don't usually apply on private property. eg: in Ontario the only things a driver can be charged with while on private property are leaving the scene of an accident, and dangerous driving.

Title: Re: problems with the fuzz
Post by sluggo on 12/06/10 at 14:26:33


61636769627863793B0A0 wrote:
Insurance is not mandatory either.

.
kim


quick change in law, the legislators got this in
it is now legal for you to bypass a signal device, they can ask for insurance if they decide to stop you for that. and that only, i've schooled a few police on the subject.  

Title: Re: problems with the fuzz
Post by wayne929 on 12/06/10 at 16:49:13

yea on my campus we dont have actual campus police. They are real 5.0 and just decide to sit in there alot to catch all the kids whipping around in what mommy and daddy bought them. but i printed the laws and will be a nice addition to my saddlebag from now on!

Title: Re: problems with the fuzz
Post by einheit13 on 12/06/10 at 17:59:44


737878717D727369681C0 wrote:
You said "campus police?" They probably don't have much if any authority under the Florida Traffic Act (or whatever it's called). Don't forget the University is private property, and traffic laws don't usually apply on private property. eg: in Ontario the only things a driver can be charged with while on private property are leaving the scene of an accident, and dangerous driving.

Not really....9 times outta 10, the roads are either state or local owned. William and Mary campus police have as much authority as any State Policeman. State law supersedes any local ordinance since colleges fall under State authority, not local.  

Title: Re: problems with the fuzz
Post by Max_Morley on 12/06/10 at 18:40:31

Last campus I worked on, Univ. of Alaska Anchorage, had sworn weapon carrying officers that could and did write citations for DUI, MIP, Concealed weapons, etc, so depends on the school. Also shot moose when they became a hazard to the College population. Max

Title: Re: problems with the fuzz
Post by kimchris1 on 12/06/10 at 20:17:57

Thanks Sluggo for the update. :) kim

Title: Re: problems with the fuzz
Post by Phelonius on 12/06/10 at 20:42:50


3F3D203C3A3F520 wrote:
In a previous life (I was much younger then - better looking too as I remember it), I would drive around a particular county to avoid being pulled over. It didn't seem to matter what version of LEO would see me, local, county, state, they would pull me over, do a safety check or whatever. Since this county was between where my (now) wife lived and where I lived, I spent a fair amount of time driving between. I always figured there was some ne'er do well that drove a similar car to mine and must have had some bad habits that caused LEOs to be interested enough to pull them over just out of habit. So it took less time to drive around than through. In retrospect my car was a foreign sports car, and probably fairly unique for rural Illinois, so they may have been looking for me. I did try to minimize the time spent travelling.  ;)


Ill Noise is a bubba cop state.  I ran afoul of this situation when I lived there.

Phelonius >:( >:( >:( >:( >:(

Title: Re: problems with the fuzz
Post by wingsout on 12/21/10 at 14:56:19

I lived in Florida for 37 years and saw and experienced the cops do  things above and beyond their ability to maintain their status as armed bullies. i.e. call out the swat team on a babysitter, take me to jail and STRIP SEARCH me for an expired gun permit,(I have a background as an armed security officer), get caught flying the cop chopper to Texas to gamble, etc; be advised all of them are not bullies; there are still one or two peace officers.  IF YOU GO TO FLORIDA BE CAREFUL.

Title: Re: problems with the fuzz
Post by sluggo on 12/21/10 at 17:39:23


292B2F212A302B3173420 wrote:
Here in Wa State, you must have passenger pegs and seat if carrying a passenger. Nothing about grab rails.
Also if you have a windshield there is no requirements for eye protection, yet helmet is required.
Insurance is not mandatory either.
These were just a few of the requirements that were listed. These are according to the A.M.A.

Here with the Navy as well as the Air Force bases, their are requirements such as a reflective coat or vest when approaching the grounds, as well as you must have a base sticker on either your windshield or bike somewhere.
kim

i beg to differ, you still must have liabiity insurance, they just cant ask, unless you have procced through a traffic signal that wouldn't change for you,  i've actually schooled an officer on the law. he was suprised, and i was right.

i'm good friends with a washington state senator. she filled me in. when the law went into effect jan 1 2010.

Title: Re: problems with the fuzz
Post by kimchris1 on 12/21/10 at 20:49:11

Thanks Sluggo for that update. I would have thought the AMA had the recent updated material.  :) kim

Title: Re: problems with the fuzz
Post by John_D FSO on 12/24/10 at 22:43:51


28372E3C3C345B0 wrote:
[quote author=292B2F212A302B3173420 link=1291569967/0#8 date=1291578268]Here in Wa State, you must have passenger pegs and seat if carrying a passenger. Nothing about grab rails.
Also if you have a windshield there is no requirements for eye protection, yet helmet is required.
Insurance is not mandatory either.
These were just a few of the requirements that were listed. These are according to the A.M.A.

Here with the Navy as well as the Air Force bases, their are requirements such as a reflective coat or vest when approaching the grounds, as well as you must have a base sticker on either your windshield or bike somewhere.
kim

i beg to differ, you still must have liabiity insurance, they just cant ask, unless you have procced through a traffic signal that wouldn't change for you,  i've actually schooled an officer on the law. he was suprised, and i was right.

i'm good friends with a washington state senator. she filled me in. when the law went into effect jan 1 2010.[/quote]
I've been poking around online trying to find out about this for ages (in OR too, since I work there), and have never found a concrete answer.  Is there something I could print out and carry with me, so if I lose patience waiting for a light, I can show that it's legal?

Title: Re: problems with the fuzz
Post by justin_o_guy2 on 12/24/10 at 23:30:33

Awww, C'mon,, maaan,, just Shoot the blasted light out & tell 'em it was busted when ya got there... I hafta tell ya how to do everything?? Huhh?

sheesh,, Savages my,,,...///

Title: Re: problems with the fuzz
Post by sluggo on 12/25/10 at 12:17:00

thats the point of the laww, you can blow through it. but if you do and are caught is the only sitlutation where da fuzz can ask for the insurance

Title: Re: problems with the fuzz
Post by John_D FSO on 12/25/10 at 14:45:31


3E2127203D3A0B3B0B33212D66540 wrote:
Awww, C'mon,, maaan,, just Shoot the blasted light out & tell 'em it was busted when ya got there... I hafta tell ya how to do everything?? Huhh?

sheesh,, Savages my,,,...///

I like that idea, but it might not work in Portland.  They don't seem to have much of a sense of humor. ;D

I'm not worried about the fuzz asking for insurance, I have that.  I just want to make sure there's nothing else they can try and pin on me. :-/

Title: Re: problems with the fuzz
Post by justin_o_guy2 on 12/26/10 at 00:38:07

The judge will tell a citizen that ignorance of the law is no excuse.

The cops should be held to the same standard.

Title: Re: problems with the fuzz
Post by MMRanch on 12/26/10 at 07:18:29

GO TO THE SUPERVISOR (CAPTAIN) AND LET HIM KNOW YOUR SO TIRED OF BEING HARRASSED NEXT TIME - YOUR SEEING A LAWYER AT WHAT WILL TURN OUT TO BE THE CAPTAIN'S EXPENCE ,,, A UNSCRUUPLES LAWYER MIGHT EVEN HELP YOU SET-UP A SITUATION THAT TURNS YOU AND HIM (HER) A DOLLAR OR TWO.  !  YOU DOIN'T HAVE TO TAKE THAT ABUSE AND THE HARRASSING PARTY CAN LOOSE HIS (HER) JOB OVER IT...[/size]

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