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Old 04-17-06, 10:58 PM   #1
graham58
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Booked

Gday all I got booked today for not having a working warning device on my bike (a horn) $50 its going to cost me . I think Iam going to court on this one.
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Old 04-17-06, 11:18 PM   #2
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A ticket for not having a horn?! I've never heard of that one before. That's ridiculous.
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Old 04-17-06, 11:49 PM   #3
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graham, are you in NYC?

I think I remember the police there making this an issue, several months ago.
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Old 04-18-06, 12:43 AM   #4
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Have you looked up the bicycle laws in your area? They are usually a part of the local traffic laws .... and are usually an interesting read. There are probably things in there you weren't aware of ... even some things you wonder about.

For example, in my local bicycle laws, there's one that says a bicycle cannot have more than two headlights. Odd, but it is there, so I don't ride with more than two headlights in this area.

Where I live, it is also illegal to ride without a bell ... and if cyclists ride without a bell, they could be fined. That's the law!

We've got to be aware of the laws regarding bicycles in our area ... just the same as we have to be aware of other laws in our communities.
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Old 04-18-06, 02:12 AM   #5
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I agree that you have to be aware of the laws pertinent to bikes but we have the compulsory bell law here and I think it is stupid as I ride roads and my voice is much louder than a bike bell which is totally inadequate on the road. Probaly wouldn't help if you get caught though.
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Old 04-18-06, 02:22 AM   #6
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It's only a $30 fine here.
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Old 04-18-06, 06:22 AM   #7
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New South Wales Australia here . The same copper booked me about 2 mths ago for having my arm resting on the car door my elbow was hanging out about 6 inches. next day i saw him doing the exact same thing wish i had my camera with me
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Old 04-18-06, 06:28 AM   #8
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In Oz you have to have reflectors on your wheels as well as a bell or horn don't you?

Where are you in NSW?
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Old 04-18-06, 06:31 AM   #9
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Ballina . Yep and i have just read both cables must be connected to the brakes.
cheers
graham
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Old 04-18-06, 06:32 AM   #10
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Quote:
Originally Posted by graham58
Ballina . Yep and i have just read both cables must be connected to the brakes.
cheers
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Where's Ballina? North Coast? Near Port Macquarie?
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Old 04-18-06, 06:43 AM   #11
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north coast about 5 hrs north of port macquarie right on the coast just near Byron Bay
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Old 04-18-06, 06:54 AM   #12
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Quote:
Originally Posted by graham58
New South Wales Australia here . The same copper booked me about 2 mths ago for having my arm resting on the car door my elbow was hanging out about 6 inches. next day i saw him doing the exact same thing wish i had my camera with me
Sounds like he's stalking you...
I'm in Sydney and when I got my new road bike I mentioned to the shop I thought it required a bell to be roadworthy and they happily fitted one at no cost. I suppose it's reasonable to have a bell but I've always found 'F#ck OFF!' to be just as effective Just kidding, most times I give a friendly whistle and a 'thanks' and people seem to find it a lot more sociable than a bell.

Funnily enough I was reading some bike rules on the RTA web site last night and it appears the reflectors (and lights) are only required after dark - but I didn't see anything about wheel reflectors.

Sadly you've gotta just 'suck it up, darling'. The copper sounds like a proper 'tool' but there's not a lot you can do about it. The only time I ever took a ticket to court the 'officer' lied through his teeth. Mind you, I did get off, but it was a costly exercise of principals - we ended up in the district courts and I won on appeal.

// kak
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Old 04-18-06, 07:57 AM   #13
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A little off topic, but if items such as bells and reflectors are required by law, shouldn't it also be a law that these things be installed before a bike can be sold?
A automobile dealer can't sell a car unless it is 100% street legal. In fact, they won't sell it to you, here, unless you've already got insurance. Why are bike shops treated any differently?

Just a thought.
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Old 04-18-06, 09:28 AM   #14
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In American parlance, to get "booked" is to get taken down to the police station, mug shotted and fingerprinted, and held. You mean you were given a ticket, ticketed, issued a citation?

You got a ticket for not having an audible warning device? Well, it sucks to be you, sounds like your local constulabury has it out for you. G'day.
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Old 04-18-06, 09:34 AM   #15
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Originally Posted by Bekologist
In American parlance, to get "booked" is to get taken down to the police station, mug shotted and fingerprinted, and held. You mean you were given a ticket, ticketed, issued a citation?

You got a ticket for not having an audible warning device? Well, it sucks to be you, sounds like your local constulabury has it out for you. G'day.

In English to get booked is to get ticketed. In order to get fingerprinted, mugshots etc you must first be arrested (maybe not in the US?)
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Old 04-18-06, 09:52 AM   #16
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held without charges on a 72 hour probable cause hold often results in no charges being filed in the great US of A.
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Old 04-18-06, 09:54 AM   #17
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You probably won't be successful if you take this to court. If the local, and more likely national laws require a warning device of some kind, then it would take more than an accusation of overzealousness by a police officer for a judge to even consider setting precedent by letting you off. All you'll acheive is adding a chunky legal fee to your fine.

It sucks but that is the way it is.
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Old 04-18-06, 10:06 AM   #18
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Originally Posted by ignominious
You probably won't be successful if you take this to court. If the local, and more likely national laws require a warning device of some kind, then it would take more than an accusation of overzealousness by a police officer for a judge to even consider setting precedent by letting you off. All you'll acheive is adding a chunky legal fee to your fine.

It sucks but that is the way it is.

I agree. If there is no particular issue with the cop's behaviour, then you're wasting your time - especially as it would probably be in front of a magistrate who tend to be more sympathetic towards the police and don't allow themselves the latitude that a judge might.
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Old 04-18-06, 10:06 AM   #19
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held without charges on a 72 hour probable cause hold often results in no charges being filed in the great US of A.
Don't they have to arrest you to 'hold' you though?
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Old 04-18-06, 10:15 AM   #20
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nope.
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Old 04-18-06, 10:24 AM   #21
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nope.

What about habeus corpus?
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Old 04-18-06, 10:41 AM   #22
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If you purchase and install a bell, now and take the receipt with you to court, the judge might dismiss the ticket for compliance. This is completely at the prosecutor's and judge's discretion, but I have had several tickets dropped on this basis.
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Old 04-18-06, 11:49 AM   #23
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You probably won't be successful if you take this to court.
Always take it to court, that way you don't have to pay the fine for a year... haha!
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Old 04-18-06, 12:10 PM   #24
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Meanwhile, in related news:

Marylanders rejoice, no more bells!

<snip>Cyclists gain small victory in Annapolis

Annapolis - Remember those little ring-a-ling-ling bells on your bike as a kid? Well, until last week they were the only required operating equipment on all bicycles.

Now, the bells have been deemed unsafe by cycling advocates because riders must move their hands off the brakes to use the bell. They recommend simply shouting out, “On your left” or “On your right.” </snip>
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Old 04-18-06, 12:14 PM   #25
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Always take it to court, that way you don't have to pay the fine for a year... haha!

There is a little thing called court costs though, which are likely to be more than the fine.
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