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making up laws

Posted: Thu Jul 06, 2006 11:44 am
by mysta2
I've been pulled over 3 times so far for tucking my plate... it's nearly perfectly verticle, has nothing attached to it and is properly lit. The first time I was given a warning, and told it has to be visible from 20ft, so I moved it, I raised it so that the tire stands even less chance of "obstructing" it and I moved it back (closer to the rear of the bike) a couple of inches. I got pulled over again, this time I'm written for... "&%(*@#)%^ interferes w/ @(#*%&@#%&"... I have no idea what that one says, but the gist of it is that my plate's not visible enough. Then most recently I'm stopped again and this officer finally comes up with a law to put down "obscured plate" is what he writes, and he tells me that it has to be visible from "more than 20ft". I looked up "obstructed plate" and this is the definition of it:

1-7 Sec. 502.4091. OBSTRUCTED LICENSE PLATE. (a) A person
1-8 commits an offense if the person operates, or as the owner permits
1-9 another to operate, on a public highway a motor vehicle that has
1-10 any device or material on the vehicle's license plate that:
1-11 (1) obstructs the clear view of the license plate; or
1-12 (2) comes closer than one-quarter inch to any number,
1-13 letter, character, or other writing or symbol on the license plate.

but does any of that sound anything like what I'm being harassed for? That's the only law that comes anywhere near touching a tucked plate... visibility from 50ft becomes a factor only when judging the appropriateness of your' plate light.

Needless to say, I'll be going to court over these. I wanted to make others aware of this just so that you might know better than to just lay down for anything you're accused of just because of where it comes from. Even though I have essentially laid down by untucking the plate.

BTW THIS is where I picked up much of the information, that's helped me through all this.

Posted: Thu Jul 06, 2006 12:06 pm
by dieziege
Show us the rear end... I wanna see what's getting you this trouble.

Posted: Thu Jul 06, 2006 12:35 pm
by mysta2
this was taken half way through fabricating the undertray, I've upped the contrast because the light wasn't working yet and that's the only shot of the back of the bike from a decent distance. This was before any of the "incidents"

Image

you can see the 3 or so inch gap above the plate, when I moved it before the latest citation this is the distance I moved it up and also farther back (higher)

Posted: Thu Jul 06, 2006 12:37 pm
by Sev
It'd be damn tough to see from the sides, but if you're right behind you can see it fine. Someone scribbled out the numbers though. Maybe that's what they were complaining about, LOL!

Posted: Thu Jul 06, 2006 12:37 pm
by 1will
yes. people can't really give you feedback without you posting a pic.

fender eliminators or anything that mods your plate location differently from the stock configuration is asking to get harrassed, imo. cops see that and they like to take out their anger at the runners who gave them the slip.

edit: based on the pic i'd say it's nestled in there enough to draw heat. like sev said it's hiding inside the pipes and is slightly obscured by the tire. though that's a lowe perspective than a cop would have sitting in a cruiser.

Posted: Thu Jul 06, 2006 12:40 pm
by Gadjet
I'm guessing by that shot that your license plate is mounted in front of and above your rear tire?

If this is the case, then yes, it would be obstructed as soon as you sat on the bike and the suspension compressed. Any bump in the road that caused your suspension to compress even more would obstruct more of the plate.

Posted: Thu Jul 06, 2006 12:49 pm
by mysta2
Sevulturus wrote:It'd be damn tough to see from the sides, but if you're right behind you can see it fine. Someone scribbled out the numbers though. Maybe that's what they were complaining about, LOL!
Possibly, show me the law reguarding angle of side visibility. I can only build and set up my bikes according to the laws that are on the books (which I do look over before doing something that seems iffy). What irritates me is when I get written for a cop simply not liking the way I did something, legal or not... because I will argue to the end of the world that the placement you're looking at is perfectly legal. But I'd prefer not to get harassed, so I moved it up... to no avail, now I have it right under the light, and I'm not happy about it.

If there actually was a law behind them then I would have no problem with the tickets... BUT THERE ISN'T!

Posted: Thu Jul 06, 2006 12:51 pm
by Sev
I've got no idea what the law actually is, but it seemed to me that might be why they're pulling you over?

Dunno, best of luck with whatever happens.

Posted: Thu Jul 06, 2006 12:53 pm
by mysta2
Sevulturus wrote:I've got no idea what the law actually is...
1-7 Sec. 502.4091. OBSTRUCTED LICENSE PLATE. (a) A person
1-8 commits an offense if the person operates, or as the owner permits
1-9 another to operate, on a public highway a motor vehicle that has
1-10 any device or material on the vehicle's license plate that:
1-11 (1) obstructs the clear view of the license plate; or
1-12 (2) comes closer than one-quarter inch to any number,
1-13 letter, character, or other writing or symbol on the license plate.


thanks

Posted: Thu Jul 06, 2006 1:02 pm
by dieziege
OK... the code you cited doesn't say where the plate must be mounted nor does it have visibility standards. However, 502.402 does say that it must be mounted to the rear of the vehicle... and arguably you don't have it mounted to the rear.

I'd suggest taking that original undoctored photo (or better yet a current photo of the back of your bike with a recent date stamp) and show it to the judge... then cite the code which is very specific in defining obscuration as modifying or covering the plate. Good chance it'll be tossed.

Then I'd mount it further back, where most license plates are mounted and where it isn't blocked from side views by the exhaust pipe.