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Old 09-08-04 | 08:38 PM
  #13  
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DMax
Simpson, you've got a 513
 
Joined: Aug 2004
Posts: 70
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From: Arizona

Bikes: Co-Op ADV 2.3

Originally Posted by supcom
Since the law basically defines the brake in terms of its capability to stop a moving wheel, any device which is capable of doing so would meet the criteria. In the case of a fixed gear bike, so long as the rider is capable of causing a skid, then the cranks and chain provide the brake. It's no different than a coaster brake, IMHO, except that it takes more skill to apply the fixed gear brake.
Actually it is very different from a coaster brake. A coaster brake is an actual device on a bike designed for stopping the bike - IOW a "brake". There is an actual component you can point to on the bike showing the it is "equipped" with a "brake".

As Texas law is written, it could be argued that a track bike is not "equipped" with a "brake" as the law requires.

Attorney: "You say, well, in order to stop the bike you just stop pedalling. Well, OK then if I drive a car without brakes, can I just let off the accelerator to stop? Is that considered a brake in a car?

Well, you say you can skid the tires on a track bike. Can you demonstrate braking to a skid on your track bike for us here in the courtroom?

Sir, can you please point to the device on your bicycle that is considered the "brake"?"

And on and on ad nauseum.

Just playing devil's advocate here, I really doubt this would come up in court, but I have seen equally ludicrous exchanges in court regarding similar esoteric legalities. And it could easily be argued the other way as well, just depends on the side of the aisle (defense or plaintiff) as to what extremes of absurdity you want to take it.

By the way, the fact that you say it "requires more skill" to perform a skid on a fixed bike would open up a whole new line of questioning regarding the legality of a fixed gear drivetrain being considered a brake... as in, (attorney so sir can anyone cause this wheel to skid using the devices on this bike? No you say, it takes skill and practice? So you would agree with me that this bicycle does nt come equipped with a brake, but rather is capable of being skidded only by a skilled and experienced rider? Sir, how many years have you been riding? How many times have you had occasion to skid your bike?... on and on until you cry uncle.
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