Fifty Plus (50+) - bike carrier ticket

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Shamrock
01-18-13, 08:31 PM
Heard of some guys receiving tickets for their bike carrier blocking their rear plate.They had the hitch style rack.They just pay the fine and hope it doesn't happen again.Just thought I'd pass it along.:notamused::mad::troll:
dennismont
01-18-13, 09:56 PM
So how would this be any different than pulling a trailer that blocks your plate? I think that could be beat in court very easily. I've carried bikes on my hitch carrier throughout many States and have never been pulled over for something like that.
B. Carfree
01-18-13, 10:06 PM
I once got pulled over for having my plate obscured by the bumper, even though everything was stock. After a pleasant chat, the trooper admitted that his real reason for pulling me over was because I was driving an old, beat-up pick-up in a high methamphetamine use/production area and such a vehicle fit the profile for such an "entrepreneur". I appreciated his honesty and courtesy. Besides, I had occasion to drive trucks and ride bikes on that stretch of roadway quite often and any trooper effort to get the drug-addled off the road before they run into me is a good thing in my book.
I don't put bikes on cars, it makes my bikes sad to travel that way. They barely tolerate the occasional train ride.:)
Bikey Mikey
01-19-13, 02:48 AM
So how would this be any different than pulling a trailer that blocks your plate? I think that could be beat in court very easily. I've carried bikes on my hitch carrier throughout many States and have never been pulled over for something like that.
...or someone transporting a powerchair or some other vehicle for the handicapped on a rear hitched platform. How about someone hauling a boat?
Old Sarge
01-19-13, 05:52 AM
...or someone transporting a powerchair or some other vehicle for the handicapped on a rear hitched platform. How about someone hauling a boat?
That was my first thought so I looked at Texas law. Found 502.409 (Transportation Code) on some law sites but then went to the Transportation Code itself and 502.409 had disappeared. After much research I found that its provisions had been moved to 502.475 but it didn't mention obstructions so I dug a little deeper and found that 502.409 had actually been renumbered, effective January 1, 2012, with a couple of additional words added, as 504.945 and gives a specific exemption for power chair lifts, a couple of other items and "a bicycle or motorcycle rack that is attached to a vehicle in a normal or customary manner."
So bicyclists in Texas can continue using hitch mounted racks without fear of citations (and I'm glad since I have been wanting to get one).
GeorgeBMac
01-19-13, 06:45 AM
...
So bicyclists in Texas can continue using hitch mounted racks without fear of citations (and I'm glad since I have been wanting to get one).
Does that mean we all have to move to TEXAS???
... I HATE it when that happens!
lphilpot
01-19-13, 07:15 AM
So bicyclists in Texas can continue using hitch mounted racks without fear of citations (and I'm glad since I have been wanting to get one).
That's good to know, since I have a three-bike hitch rack that I use sometimes when we take all three of 'em to Fort Davis. However, I have a cover -- with brake lights! -- that fits over the bikes (barely), so when that's on I use a temporary "mount" I made for the license plate on the rear of the cover since it's completely obscured by the cover.
Old Sarge
01-19-13, 07:26 AM
That's good to know, since I have a three-bike hitch rack that I use sometimes when we take all three of 'em to Fort Davis. However, I have a cover -- with brake lights! -- that fits over the bikes (barely), so when that's on I use a temporary "mount" I made for the license plate on the rear of the cover since it's completely obscured by the cover.
I think that is a great idea, although probably a bit of a pain at times. I don't think that there would be a problem even using the cover but it certainly can't be a problem when you are that proactive.
Shamrock
01-19-13, 07:26 AM
So how would this be any different than pulling a trailer that blocks your plate? I think that could be beat in court very easily. I've carried bikes on my hitch carrier throughout many States and have never been pulled over for something like that.
In NJ the trailer has to have a plate.Also here it is possible to get a third plate and mount it on the hitch.I received a ticket for the plate frame holder covering too much of the plate.I had this car for 11 years, frame holder was from the dealer.:popcorn
lphilpot
01-19-13, 08:03 AM
I think that is a great idea, although probably a bit of a pain at times. I don't think that there would be a problem even using the cover but it certainly can't be a problem when you are that proactive.
Fortunately (or maybe unfortunately, since I really like going to SW Texas), it's not often I have to do that. The cover is pretty all-covering, but unavoidably a bit of a pain to put on and take off. I got it from Skinz Protective Gear a couple of years ago. It didn't come with the 'mount' - I made that myself out of a piece of 1/8" thick Sintra (PVC) board. It hangs from a couple of cable management Velcro strips sewn onto the cover and the plate attaches to it with wingnuts.
So how would this be any different than pulling a trailer that blocks your plate? I think that could be beat in court very easily. I've carried bikes on my hitch carrier throughout many States and have never been pulled over for something like that.
I've always thought it pretty stupid that a trailer has a different license number than the tow vehicle.
In any case, most US license plates are pretty illegible from more that about 20ft even when not obscured. Why don't we have plates which are legible from 25 yards at least, like the rest of the developed world. We might then have fewer unidentifiable hit and run drivers, for example. But I suppose getting money from decorating license plates with all kinds of rubbish is more important than safety.
I've known many rednecks over the years (including me) who obscure their plates with hitch mount carriers, equipment or other contrivances. Though it is possible to get a ticket for doing so, I don't recall anybody I knew ever getting a ticket. It's one of those things, like everybody driving 10mph (or more) over the limit. Yeah, you can get a ticket, but it happens so rarely nobody worries about it.
Old Sarge
01-19-13, 09:51 AM
I've known many rednecks over the years (including me) who obscure their plates with hitch mount carriers, equipment or other contrivances. Though it is possible to get a ticket for doing so, I don't recall anybody I knew ever getting a ticket. It's one of those things, like everybody driving 10mph (or more) over the limit. Yeah, you can get a ticket, but it happens so rarely nobody worries about it.
Seven is safer than ten. I've been stopped, and stopped people, at ten over but never seven over. :)
Dan Burkhart
01-19-13, 10:51 AM
That's good to know, since I have a three-bike hitch rack that I use sometimes when we take all three of 'em to Fort Davis. However, I have a cover -- with brake lights! -- that fits over the bikes (barely), so when that's on I use a temporary "mount" I made for the license plate on the rear of the cover since it's completely obscured by the cover.
I made a light bar to mount behind the bikes on my hitch mounted rack because some of my bikes, particularly the long ones, pretty much obscure the tail lights. I don't worry much about whether the license plate is clearly visible and never had a problem.
Dan Burkhart
01-19-13, 10:56 AM
Seven is safer than ten. I've been stopped, and stopped people, at ten over but never seven over. :)
Here in good ol' Ontario, speed limits are more like suggested limits. Not sure how fast you would actually have to be going on a multi lane divided highway to get a ticket, but traffic routinely rolls at least 20km over the limit without being bothered.
Old Sarge
01-19-13, 11:57 AM
Here in good ol' Ontario, speed limits are more like suggested limits. Not sure how fast you would actually have to be going on a multi lane divided highway to get a ticket, but traffic routinely rolls at least 20km over the limit without being bothered.
Here in Texas there are many small towns which depended on traffic fines for much of their budget. This was true for years and is still true to some extent, though the state has limited how much of the budget can come from fines. I know of one "town" which has eight full time officers for a population of 120 people. They have one four lane state highway running through town. Anybody with one eye and half sense can figure out what is happening there (speed limit also drops for no good reason). Most city officers, in larger cities, won't bother you for less than 10 over (I might stop a person at 10 over but wouldn't write them a citation unless they were 15 over....just a courtesy stop to remind them of the limit). DPS is pretty strict on the major highways but are stretched pretty thin. I find my seven mile over rule works pretty well.
Of course, it always depends on the speed zone. In a 20 mile School Zone I always had a lot less tolerance than on a 70 mph expressway.
Doohickie
01-19-13, 01:48 PM
So bicyclists in Texas can continue using hitch mounted racks without fear of citations (and I'm glad since I have been wanting to get one).
They changed that. They didn't used to have that exception last time I checked. Good to know.
Biker395
01-19-13, 08:20 PM
So how would this be any different than pulling a trailer that blocks your plate? I think that could be beat in court very easily. I've carried bikes on my hitch carrier throughout many States and have never been pulled over for something like that.
Trailers are supposed to have a license.
Pretty crappy to hand out a ticket for something like that.:notamused:
Wogster
01-20-13, 07:12 AM
Here in good ol' Ontario, speed limits are more like suggested limits. Not sure how fast you would actually have to be going on a multi lane divided highway to get a ticket, but traffic routinely rolls at least 20km over the limit without being bothered.
I've been passed like I was standing still at 20 over on the 401. Then again it's to make up for all the time that the 401 is moving along at 95km/h under the limit....
Wogster
01-20-13, 07:16 AM
I've always thought it pretty stupid that a trailer has a different license number than the tow vehicle.
In any case, most US license plates are pretty illegible from more that about 20ft even when not obscured. Why don't we have plates which are legible from 25 yards at least, like the rest of the developed world. We might then have fewer unidentifiable hit and run drivers, for example. But I suppose getting money from decorating license plates with all kinds of rubbish is more important than safety.
Trailers have different plates for two reasons, one is that all trailers are covered under the same law, and a tractor-trailer trailer doesn't need to have a plate adhered for the hauling truck. Second it allows the transportation department to charge you for a trailer plate.
Perhaps I missed it, but the one thing missing in this discussion is the officer who gave the ticket. To me this is where the issue really lies. Why do it? What burr was under his saddle? On a person to person level, such an act is just mean spirited. I know, given my personality, I would most likely have asked, "So, you're having a bad day and I get to be the one that makes you feel better? This, of course, would not make the situation any better, but at least he or she would know that someone thinks their behavior is less that it should be.
overthehillmedi
01-20-13, 10:39 AM
Wait until they tell you that you're free to go and have a nice day before you make the comment, NOS88
Trailers have different plates for two reasons, one is that all trailers are covered under the same law, and a tractor-trailer trailer doesn't need to have a plate adhered for the hauling truck. Second it allows the transportation department to charge you for a trailer plate.
I don't understand the first reason, but I suspect the second is the main on.
Dan Burkhart
01-20-13, 03:51 PM
Requirements for small utility trailer license plates vary by state. I don't think Wisconsin requires plates on small trailers. (don't know what the threashold is for exemption). There may be others.
freedomrider1
01-20-13, 05:26 PM
They have alot of cameras in my area,so this could be a reason why they want the plates uncovered.
Dchiefransom
01-20-13, 09:17 PM
Not only can you get a ticket for it in California, but the CVC allows them to fine the rack manufacturer $50 for making a rack that can block the plate. When this came up on a 'bent forum I looked it up. With scooter racks, you are allowed specificaaly to move your plate to the rack. Not so with bicycle racks.
eja_ bottecchia
01-20-13, 10:15 PM
I made a light bar to mount behind the bikes on my hitch mounted rack because some of my bikes, particularly the long ones, pretty much obscure the tail lights. I don't worry much about whether the license plate is clearly visible and never had a problem.
Good idea. How about some pictures? I too worry about my brake lights not being visible "enough" when I carry my bike at night.
eja_ bottecchia
01-20-13, 10:16 PM
Not only can you get a ticket for it in California, but the CVC allows them to fine the rack manufacturer $50 for making a rack that can block the plate. When this came up on a 'bent forum I looked it up. With scooter racks, you are allowed specificaaly to move your plate to the rack. Not so with bicycle racks.
Do you have a cite for the CVC? I could look it up on Lexis or Westlaw, but I am feeling lazy. ;)
eja_ bottecchia
01-20-13, 10:22 PM
Perhaps I missed it, but the one thing missing in this discussion is the officer who gave the ticket. To me this is where the issue really lies. Why do it? What burr was under his saddle? On a person to person level, such an act is just mean spirited. I know, given my personality, I would most likely have asked, "So, you're having a bad day and I get to be the one that makes you feel better? This, of course, would not make the situation any better, but at least he or she would know that someone thinks their behavior is less that it should be.
You mean, like this guy?
http://youtu.be/jXI7170ahNI
ThatBritBloke
01-21-13, 04:24 AM
Thule hitch-mounted rack USA:
294705
http://www.thule.com/en-US/US/Products/Bike-Carriers/Hitch/917XTR-T2
Thule hitch-mounted rack UK:
294704
http://www.thule.com/en/GB/Products/Bike-Carriers/Towbar/Thule-EuroClassic-G6-LED-929
It will happen here ...
PS: There seems to be an issue with forum sigs ...
ThatBritBloke
01-21-13, 04:32 AM
Okay ... understood (http://www.bikeforums.net/showthread.php/868058-Why-did-my-two-sig-photos-vanish)... but sad ...
RIP SIG
GeorgeBMac
01-21-13, 04:54 AM
You mean, like this guy?
That is a shame...
It is yet another example of the police shifting from protecting the public and promoting safety to being an adversary against the public.
I'm glad you video taped that.
I find it disturbing that the officer continued to harass you and even admitted he was writing the ticket because you disagreed with him -- even though he knew he was on video. It shows a disturbing level of arrogance and was an example of unchecked bullying.
I hope you did take him to court. It's the only way regular citizens have to protect themselves from this type of bullying.
... It is not good when peaceful, law abiding citizens fear the police who are supposed to be there to protect them.
Dan Burkhart
01-21-13, 06:06 AM
Good idea. How about some pictures? I too worry about my brake lights not being visible "enough" when I carry my bike at night.
I don't think I have any pictures of it on file, and it's packed away in my storage bay for the winter.
Simple enough to describe though. I just mounted 2 LED trailer tail lights on a 1x2 pine board, and wired them to a trailer plug. I just tie it on with bungie straps, with rubber strips to protect the paint.
Retro Grouch
01-21-13, 07:42 AM
In Missouri pick up trucks, at least pick up trucks over a certain size, aren't required to have rear license plates at all.
Down here In Florida the police are spread too thin, don't even answer simple non violent calls much anymore.
They are too busy to spend time on stuff like that.
But county administrators get raises with no probelm,,while police have to wait longer and longer for backup...
Wogster
01-21-13, 12:25 PM
Thule hitch-mounted rack USA:
294705
http://www.thule.com/en-US/US/Products/Bike-Carriers/Hitch/917XTR-T2
Thule hitch-mounted rack UK:
294704
http://www.thule.com/en/GB/Products/Bike-Carriers/Towbar/Thule-EuroClassic-G6-LED-929
It will happen here ...
PS: There seems to be an issue with forum sigs ...
It would make sense to have lights on the rack, when the installed rack blocks the lights. It's a little like the pickup trucks that have plows mounted to the front, have extra headlights mounted on the top of the plow, because the plow blade blocks the headlights. Would be easy to add a plate mount on the rack as well.
Biker395
01-21-13, 12:45 PM
The more I see these threads about racks and other bike transportation problems, the better my station wagon looks.
The more I see these threads about racks and other bike transportation problems, the better my station wagon looks.
Yeop,,nuther reason I always have a small pick up truck and a proper utility trailer.
Dchiefransom
01-21-13, 04:50 PM
It would make sense to have lights on the rack, when the installed rack blocks the lights. It's a little like the pickup trucks that have plows mounted to the front, have extra headlights mounted on the top of the plow, because the plow blade blocks the headlights. Would be easy to add a plate mount on the rack as well.
I'll be looking for both cites in the CVC, but California says the plate has to be mounted on the body of the vehicle. They make a special exception for scooter racks.
Dchiefransom
01-21-13, 05:17 PM
Here's the first one I found.
V C Section 5201.1 Obscuring Readability of License Plates Prohibition
Obscuring Readability of License Plates: Prohibition
5201.1. (a) A person shall not sell a product or device that obscures, or is intended to obscure, the reading or recognition of a license plate ( )1 by visual means, or by an electronic device as prohibited by subdivision ( )2 (c) of Section 5201.
(b) A person shall not operate a vehicle with a product or device that violates subdivision (a).
(c) A person shall not erase the reflective coating of, paint over the reflective coating of, or alter a license plate to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement.
( )3 (d) A conviction for a violation of ( )4 this section is punishable by a fine of two hundred fifty dollars ($250) per item ( )5 sold or per violation.
Wogster
01-21-13, 05:36 PM
I'll be looking for both cites in the CVC, but California says the plate has to be mounted on the body of the vehicle. They make a special exception for scooter racks.
I think most of the issues with plates being partly obscured when viewed from certain angles are for financial purposes, photo-radar, photo-toll, red light camera
systems, rather then constables on the street. I live in Ontario, Canada where the Highway Traffic Act says you can't have an obstructed plate, for those specific purposes, however they don't say you can't drill a couple of holes in your bike rack and mount the plate outboard of the rack, or bend a piece of metal into a U shape to extend the plate mounting outboard of the rack. Doesn't matter to me, I have a minivan so I got room for bikes inside the vehicle. :D
Dchiefransom
01-21-13, 06:20 PM
Whoa ! The section I was looking for is the one before the one I posted. It says the plate must be secured to the vehicle, so if the police catch you with a plate mounted on your bike rack, that could be a ticket, too.
V C Section 5201 Positioning of Plates
Positioning of Plates
5201. (a) License plates shall at all times be securely fastened to the vehicle for which they are issued so as to prevent the plates from swinging, shall be mounted in a position so as to be clearly visible, and so that the characters are upright and display from left to right, and shall be maintained in a condition so as to be clearly legible. The rear license plate shall be mounted not less than 12 inches nor more than 60 inches from the ground, and the front license plate shall be mounted not more than 60 inches from the ground, except as follows:
( )1 (1) The rear license plate on a tow truck or repossessor’s tow vehicle may be mounted on the left-hand side of the mast assembly at the rear of the cab of the vehicle, not less than 12 inches nor more than 90 inches from the ground.
( )2 (2) The rear license plate on a tank vehicle hauling hazardous waste, as defined in Section 25117 of the Health and Safety Code, or asphalt material may be mounted not less than 12 inches nor more than 90 inches from the ground.
( )3 (3) The rear license plate on a truck tractor may be mounted at the rear of the cab of the vehicle, but not less than 12 inches nor more than 90 inches from the ground.
( )4 (4) The rear license plate of a vehicle designed by the manufacturer for the collection and transportation of garbage, rubbish, or refuse that is used regularly for the collection and transportation of that material by a person or governmental entity employed to collect, transport, and dispose of garbage, rubbish, or refuse may be mounted not less than 12 inches nor more than 90 inches from the ground.
( )5 (5) The rear license plate on a two-axle livestock trailer may be mounted 12 inches or more, but not more than 90 inches, from the ground.
(6) (A) The rear license plate on a dump bed motortruck equipped with a trailing, load bearing swing axle shall be mounted more than 12 inches, but not more than 107 inches, from the ground.
(B) As used in this section, a trailing, load bearing swing axle is an axle which can be moved from a raised position to a position behind the vehicle that allows for the transfer of a portion of the weight of the vehicle and load to the trailing axle.
( )6 (b) A covering shall not be used on license plates except as follows:
(1) The installation of a cover over a lawfully parked vehicle to protect it from the weather and the elements does not constitute a violation of this subdivision. A peace officer or other regularly salaried employee of a public agency designated to enforce laws, including local ordinances, relating to the parking of vehicles may temporarily remove so much of the cover as is necessary to inspect any license plate, tab, or indicia of registration on a vehicle.
(2) The installation of a license plate security cover is not a violation of this subdivision if the device does not obstruct or impair the recognition of the license plate information, including, but not limited to, the issuing state, license plate number, and registration tabs, and the cover is limited to the area directly over the top of the registration tabs. No portion of a license plate security cover shall rest over the license plate number.
( )7 (c) A casing, shield, frame, border, product, or other device that obstructs or impairs the reading or recognition of a license plate by an electronic device operated by state or local law enforcement, an electronic device operated in connection with a toll road, high-occupancy toll lane, toll bridge, or other toll facility, or a remote emission sensing device, as specified in Sections 44081 and 44081.6 of the Health and Safety Code, shall not be installed on, or affixed to, a vehicle.
( )8 (d) (1) It is the intent of the Legislature that an accommodation be made to persons with disabilities and to those persons who regularly transport persons with disabilities, to allow the removal and relocation of wheelchair lifts and wheelchair carriers without the necessity of removing and reattaching the vehicle's rear license plate. Therefore, it is not a violation of this section if the reading or recognition of a rear license plate is obstructed or impaired by a wheelchair lift or wheelchair carrier and all of the following requirements are met:
(A) The owner of the vehicle has been issued a special identification license plate pursuant to Section 5007, or the person using the wheelchair that is carried on the vehicle has been issued a distinguishing placard under Section 22511.55.
(B) (i) The operator of the vehicle displays a decal, designed and issued by the department, that contains the license plate number assigned to the vehicle transporting the wheelchair.
(ii) The decal is displayed on the rear window of the vehicle, in a location determined by the department, in consultation with the Department of the California Highway Patrol, so as to be clearly visible to law enforcement.
(2) Notwithstanding any other law, if a decal is displayed pursuant to this subdivision, the requirements of this code that require the illumination of the license plate and the license plate number do not apply.
(3) The department shall adopt regulations governing the procedures for accepting and approving applications for decals, and issuing decals, authorized by this subdivision.
(4) This subdivision does not apply to a front license plate.
I drive a Jeep Wrangler with a soft top, so my only option for a bike rack is a hitch rack, in effect, making it illegal for me to take my bicycle anywhere with my Jeep, unless I use a Draftmaster rack, but then, I think I have a problem with how far out from the back of the vehicle my bike extends. I'll have to keep searching.
skilsaw
01-22-13, 12:30 AM
So bicyclists in Texas can continue using hitch mounted racks without fear of citations (and I'm glad since I have been wanting to get one).
Wanting to get what? a hitch rack or a citation?
Old Sarge
01-22-13, 06:59 AM
Wanting to get what? a hitch rack or a citation?
I think I'll chose option a, a hitch rack. Been a long, long, time since I got a citation but best I recall, I never wanted one. :)
Biker395
01-22-13, 02:48 PM
Yeop,,nuther reason I always have a small pick up truck and a proper utility trailer.
Like this?
http://i29.photobucket.com/albums/c288/Photo395/Bikes_zps3827b049.jpg
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