Brakeless Tickets?
Thread started by
onethirtynine at 02.28.07 - 5:48 pm
I was in a bike shop today and the clerk mentioned that they've started giving out tickets to bikes with no brakes. This was a quite a dispute among the bike scene up in Portland when they started ticketing brakeless riders a couple years ago. Is there any validity to the claim that they're doing it here now?
.K
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sounds stupid.
i believe the law in LA is that the bike must be able to SKID. I know that the only people that ride breakless (except dingo at one time) know how to SKID. But i'm not a lawyer, so yeah. grain of salt.
the reverend dak02.28.07 - 6:13 pm
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The argument is that the rider's legs are the brakes. Whether a jury or the cops will buy, who knows.
For me it would depend on the rider. If you've got skills, you've got brakes. If you don't, practice in the parking lot first or put a front brake on for chrissakes!
cabhauler02.28.07 - 7:22 pm
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actually the argument used quite often is not only that it is the legs, but the design of a drivetrain, and comparing it to a coaster brake.
FuzzBeast03.1.07 - 12:15 am
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from bicycle source's section on the california bicycle laws (this is maybe a third of it)
Bicycling Under Influence of Alcohol or Drugs. VC 21200.5
Provides that it is unlawful to ride a bicycle upon a street or highway while under the influence of an alcoholic beverage or drug or the combination of alcohol and a drug, punishable by a fine of up to $250. A person arrested may request a chemical test. If the person is under 21 but over 13 years of age, his or her driving privilege will be suspended for one year or delayed for one year once the person is eligible to drive.
Equipment Requirements. VC 21201
a) No person shall operate a bicycle on a roadway unless it is equipped with a brake which will enable the operator to make one braked wheel skid on dry, level, clean pavement.
b) No person shall operate on the highway any bicycle equipped with handlebars so raised that the operator must elevate their hands above the level of their shoulders in order to grasp the normal steering grip area.
c) No person shall operate upon any highway a bicycle which is of such a size as to prevent the operator from safely stopping the bicycle, supporting it in an upright position with at least one foot on the ground, and restarting it in a safe manner.
d) Every bicycle operated upon any highway during darkness shall be equipped with the following:
1. A lamp emitting a white light which illuminates the highway and is visible from a distance of 300 feet to the front and the sides of the bicycle.
2. A red reflector mounted on the rear of the bicycle and visible from 500 feet to the rear of the bicycle.
3. A white or yellow reflector mounted on each pedal visible 200 feet to the front and rear of the bicycle and a white or red reflector on each side to the rear of the center of the bicycle, except bicycles which are equipped with reflectorized tires on the front and the rear need not be equipped with side reflectors. All reflectorized tires must meet DMV requirements.
e) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front and from the sides of the bicycle, may be used in place of a lamp attached to the bike.
FuzzBeast03.1.07 - 1:37 am
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oh yeah, so basically half of the bikes I see on the road are illegal, and anyone riding clipless pedals at night (99.9% have no pedal reflectors) is illegal and a bunch of other crap...
this shit is never enforced, unless the cops are looking for reasons to be assholes...
FuzzBeast03.1.07 - 1:39 am
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Yeah the whole legs/drivetrain as a brake argument are what they tried to use up in Portland but the judge ruled against that. Here's an article:
http://bikeportland.org/2006/07/28/judge-finds-fault-with-fixies/
.K
onethirtynine03.1.07 - 5:13 pm
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A precedent in another state is leverage at least. What I'm wondering is if a cop would accept a front wheel skid as a demo for those who run just a front brake? My brakeless bike is mostly relegated to Class I bike path duty just to avoid the potential hassle from the cops.
Jeronimo03.1.07 - 5:53 pm
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even though that circuit court judge ruled against the ride in that portland case, the same cop ticketed another rider a couple weeks later, it went to the court, a different judge (who ocassionally rides a bike) allowed all the evidence to be presented (the first judge didnt even allow the rider to demonstrate how the bike works and stuff) and ruled against the cop... the other case is going to the portland supreme court.
FuzzBeast03.2.07 - 2:50 am
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one thing you could do, just tell the cop it's a coaster brake... some of m might believe it....
FuzzBeast03.2.07 - 2:50 am
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That's true, Fuzz. I have a couple of friends who got ticketed for that last year and I think they are still fighting it.
The coaster brake alibi would totally work for cops but I think an even greater concern would be the issue of liability if you know what I mean...
.K
onethirtynine03.2.07 - 10:16 am
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Yes, but imagine the indignity of having to say that you have a coaster brake! :)
cabhauler03.2.07 - 12:56 pm
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judging by how apparently little we're hassled by cops in this town, seems like we get off pretty light in comparison to stories coming out of some of our sister cities. nyc & chicago folks regularly get tix for no front lights, no reflectors, or whatever the cop wants to make of the law on the spot. in fact, these tix are commonly used to bust up crit mass and other large rides in both bergs. front brake on fixed seems smart to me, but then again, so do helmets on any bike - motorized or human powered - and that argument goes back decades. to each their own.
somadis03.11.07 - 3:29 pm
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i ride brakeless AND clipless and i don't have a front light (underlying suicidal tendencies maybe?) and i've never been hassled by the cops for anything day or night in LA, in DC or in NYC. i guess they just figure that someone this foolish will do themselves in anyway so why waste the ticket. if you're blazing through traffic on a freewheel bike with no brakes they might have a problem with that. i just think they see us in control of our bikes and assume we can handle it.
cops here get shot at, why would they give a damn about whether my bike has a brake?
eric03.13.07 - 9:12 am
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