Go Back  Bike Forums > Bike Forums > Advocacy & Safety
Reload this Page >

Supreme court ruling about license plates

Notices
Advocacy & Safety Cyclists should expect and demand safe accommodation on every public road, just as do all other users. Discuss your bicycle advocacy and safety concerns here.

Supreme court ruling about license plates

Old 05-02-22, 10:53 AM
  #1  
Steve B.
Senior Member
Thread Starter
 
Join Date: Jul 2007
Location: South shore, L.I., NY
Posts: 5,584

Bikes: Flyxii FR322, Cannondale Topstone, Miyata City Liner, Specialized Chisel, Specialized Epic Evo

Mentioned: 17 Post(s)
Tagged: 0 Thread(s)
Quoted: 2302 Post(s)
Liked 1,072 Times in 625 Posts
Supreme court ruling about license plates

Seems the Iowa court of appeals just ruled that use of a a trailer hitch, as well as a fixed item such as a bicycle rack, does not violate Iowa state law about obstructions of a license plate. Further that the law as written referred to dirt and grime and such, at least thats how I understand the law.

This might mean that getting a ticket for having a hitch mounted bike rack might no longer be allowed, as legal precedence has been established at least in one state.

https://news.yahoo.com/trailer-hitch...151858769.html
Steve B. is online now  
Old 05-02-22, 01:27 PM
  #2  
I-Like-To-Bike
Been Around Awhile
 
I-Like-To-Bike's Avatar
 
Join Date: Oct 2004
Location: Burlington Iowa
Posts: 29,193

Bikes: Vaterland and Ragazzi

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 12 Post(s)
Liked 945 Times in 625 Posts
Originally Posted by Steve B. View Post
Seems the Iowa court of appeals just ruled that use of a a trailer hitch, as well as a fixed item such as a bicycle rack, does not violate Iowa state law about obstructions of a license plate. Further that the law as written referred to dirt and grime and such, at least thats how I understand the law.

This might mean that getting a ticket for having a hitch mounted bike rack might no longer be allowed, as legal precedence has been established at least in one state.

https://news.yahoo.com/trailer-hitch...151858769.html
Is getting a ticket for having a hitch mounted (or any other mount) bike rack a common thing anywhere in the U.S.? I never heard about anyone ever getting a ticket for that.
I-Like-To-Bike is offline  
Old 05-02-22, 02:27 PM
  #3  
Steve B.
Senior Member
Thread Starter
 
Join Date: Jul 2007
Location: South shore, L.I., NY
Posts: 5,584

Bikes: Flyxii FR322, Cannondale Topstone, Miyata City Liner, Specialized Chisel, Specialized Epic Evo

Mentioned: 17 Post(s)
Tagged: 0 Thread(s)
Quoted: 2302 Post(s)
Liked 1,072 Times in 625 Posts
Originally Posted by I-Like-To-Bike View Post
Is getting a ticket for having a hitch mounted (or any other mount) bike rack a common thing anywhere in the U.S.? I never heard about anyone ever getting a ticket for that.
I'd never heard that either, apparently some moron of an Iowa cop gave a guy a ticket for the ball interfering with his view of the license plate. Really puzzling as the ball on the bumper is a pretty common item on trucks, thus I have to wonder if the cop did a stop to fish for something else, didn't find anything and wrote this ticket. The vehicle owner contested and won. It's not uncommon to hear about tickets for rear hitch bike racks interfering with the view of the license plate with a resulting ticket. Somewhere on YT there's a video of a young kid got a ticket for having a tree scent thing on his mirror, cop gave him a ticket for obstructed view out the windshield. Cops can on occasion just be real idiots some times, is my opinion.
Steve B. is online now  
Old 05-02-22, 02:37 PM
  #4  
Troul 
:D
 
Troul's Avatar
 
Join Date: Oct 2013
Location: Mich
Posts: 5,407
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 6 Post(s)
Liked 1,720 Times in 1,175 Posts
Originally Posted by Steve B. View Post
I'd never heard that either, apparently some moron of an Iowa cop gave a guy a ticket for the ball interfering with his view of the license plate. Really puzzling as the ball on the bumper is a pretty common item on trucks, thus I have to wonder if the cop did a stop to fish for something else, didn't find anything and wrote this ticket. The vehicle owner contested and won. It's not uncommon to hear about tickets for rear hitch bike racks interfering with the view of the license plate with a resulting ticket. Somewhere on YT there's a video of a young kid got a ticket for having a tree scent thing on his mirror, cop gave him a ticket for obstructed view out the windshield. Cops can on occasion just be real idiots some times, is my opinion.
can't legally profile. Should a law exist that enables the law enforcer to leverage a traffic stop, they are not crossing any lines using the law to make a ligament stop. Should the cop happen to find other things in the process, then it just so happen to be perfect timing? ............. dot dot dot
__________________
-Oh Hey!
Troul is offline  
Old 05-02-22, 02:42 PM
  #5  
livedarklions
High Performance Noodler
 
livedarklions's Avatar
 
Join Date: Jun 2018
Location: New England
Posts: 12,738

Bikes: Serotta Atlanta; 1994 Specialized Allez Pro; Giant OCR A1; SOMA Double Cross Disc; 2022 Allez Elite mit der SRAM

Mentioned: 56 Post(s)
Tagged: 0 Thread(s)
Quoted: 6643 Post(s)
Liked 6,418 Times in 3,620 Posts
So I read enough of the opinion to get what's going on here, and he's not appealing the ticket. It was a motion to suppress all of the evidence the cop was able to get after he stopped the driver. He pulled him over for the trailer hitch, but when he asked for the driver's license, the driver admitted that he was driving while barred. The Iowa SC decided that since the ball hitch didn't violate the statute, the stop was illegal, and the state couldn't use the evidence of driving while barred at trial, which was the much more serious charge brought as a result of the stop.

The vehicle was borrowed, btw, so if the cop had run the plate, he would not have known it was being driven by a habitual offender,
livedarklions is online now  
Likes For livedarklions:
Old 05-02-22, 02:45 PM
  #6  
livedarklions
High Performance Noodler
 
livedarklions's Avatar
 
Join Date: Jun 2018
Location: New England
Posts: 12,738

Bikes: Serotta Atlanta; 1994 Specialized Allez Pro; Giant OCR A1; SOMA Double Cross Disc; 2022 Allez Elite mit der SRAM

Mentioned: 56 Post(s)
Tagged: 0 Thread(s)
Quoted: 6643 Post(s)
Liked 6,418 Times in 3,620 Posts
Originally Posted by Steve B. View Post

This might mean that getting a ticket for having a hitch mounted bike rack might no longer be allowed, as legal precedence has been established at least in one state.
l
It would only be precedent in Iowa. Other states may or may not have the same wording, and even if they do, it's not uncommon for different states to interpret the same words differently.
livedarklions is online now  
Likes For livedarklions:
Old 05-02-22, 04:21 PM
  #7  
nomadmax 
Senior Member
 
Join Date: Jun 2018
Location: SW Ohio
Posts: 2,082
Mentioned: 93 Post(s)
Tagged: 0 Thread(s)
Quoted: 941 Post(s)
Liked 1,378 Times in 670 Posts
If you get a ticket for a bike rack obscuring your license plate, it isn't the bike rack, it's YOU. if you don't get that, it will always be you.
__________________

Last edited by nomadmax; 05-02-22 at 04:29 PM.
nomadmax is offline  
Likes For nomadmax:
Old 05-03-22, 09:05 AM
  #8  
indyfabz
Senior Member
 
indyfabz's Avatar
 
Join Date: Jan 2010
Posts: 34,284
Mentioned: 202 Post(s)
Tagged: 1 Thread(s)
Quoted: 15572 Post(s)
Liked 9,610 Times in 4,717 Posts
There was a thread once upon a time where someone did get a ticket for obstructing their plate. May have been in Mass. Been so long I cannot remember.
indyfabz is online now  
Old 05-03-22, 09:11 AM
  #9  
Iride01
MotuekaCascadeChinook
 
Iride01's Avatar
 
Join Date: Jul 2017
Location: Mississippi
Posts: 10,670

Bikes: '20 Tarmac Disc Comp '78 Raleigh Competition GS

Mentioned: 40 Post(s)
Tagged: 0 Thread(s)
Quoted: 4308 Post(s)
Liked 2,865 Times in 1,994 Posts
Regardless, I just wish they'd ticket those leaving the long drawbars on their vehicles when they are not being used. I can't count the number of times I've bumped my shin against them when walking around in parking lots and sent a variety of cuss words into the air.
Iride01 is offline  
Old 05-03-22, 04:54 PM
  #10  
mr_bill
Senior Member
 
Join Date: Sep 2013
Location: Massachusetts
Posts: 4,475
Mentioned: 33 Post(s)
Tagged: 0 Thread(s)
Quoted: 2069 Post(s)
Liked 616 Times in 414 Posts
Originally Posted by I-Like-To-Bike View Post
Is getting a ticket for having a hitch mounted (or any other mount) bike rack a common thing anywhere in the U.S.? I never heard about anyone ever getting a ticket for that.
Of course you haven't.

And no matter how common it is, how much proof that it is common, it won't be common enough for you, it won't be proof enough for you.

Trying not to get this punted to P&R, but yes, Virginia, there are police officers who harrass certain people. (Which is why I'm against helmet laws.)

Saddest thing I ever heard was a Supreme Court Justice talking to a thirteen year old, and answering their question with the observation, "Both you and I know that we have to wait for the walk light."

-mr. bill
mr_bill is offline  
Likes For mr_bill:
Old 05-03-22, 07:51 PM
  #11  
I-Like-To-Bike
Been Around Awhile
 
I-Like-To-Bike's Avatar
 
Join Date: Oct 2004
Location: Burlington Iowa
Posts: 29,193

Bikes: Vaterland and Ragazzi

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 12 Post(s)
Liked 945 Times in 625 Posts
Originally Posted by mr_bill View Post
Of course you haven't.

And no matter how common it is, how much proof that it is common, it won't be common enough for you, it won't be proof enough for you.
Trying not to get this punted to P&R, but yes, Virginia, there are police officers who harrass certain people. (Which is why I'm against helmet laws.)
And of course you did not even attempt to answer the question, let alone provide any proof of anything, nor indicate that you know or care just how common it is to have tickets issued to anybody to include "certain people" for bike rack obscured license plates, but are ready instead to initiate some personal snark, as well as unrelated P&R/social justice ranting about "harassment of certain people" in the absence of any proof that anybody has been harassed or hassled about bike rack obscured license plates.

Last edited by I-Like-To-Bike; 05-03-22 at 09:05 PM.
I-Like-To-Bike is offline  
Old 05-04-22, 05:02 AM
  #12  
livedarklions
High Performance Noodler
 
livedarklions's Avatar
 
Join Date: Jun 2018
Location: New England
Posts: 12,738

Bikes: Serotta Atlanta; 1994 Specialized Allez Pro; Giant OCR A1; SOMA Double Cross Disc; 2022 Allez Elite mit der SRAM

Mentioned: 56 Post(s)
Tagged: 0 Thread(s)
Quoted: 6643 Post(s)
Liked 6,418 Times in 3,620 Posts
Originally Posted by I-Like-To-Bike View Post
And of course you did not even attempt to answer the question, let alone provide any proof of anything, nor indicate that you know or care just how common it is to have tickets issued to anybody to include "certain people" for bike rack obscured license plates, but are ready instead to initiate some personal snark, as well as unrelated P&R/social justice ranting about "harassment of certain people" in the absence of any proof that anybody has been harassed or hassled about bike rack obscured license plates.

The question wouldn't really be whether a ticket was issued, it's whether the hitch is used as a pretext to stop the driver then see if there's probable cause for a vehicle search or arrest. Some states (Michigan and Florida among them) allow the stop for this Obstructed license plate purpose.

Your rant about BF posters is perfectly uncalled for in this thread, no one has posted anything that assumes this is being used systematically this way. The problem here is your assumption in the absence of evidence either way that it does not. If you have any idea about how hard it is methodologically to prove contextual stops in any given category, you'd understand how silly this is. Obviously, the more "technicalities" an officer has for stopping a vehicle, the greater the opportunity for nearly undetectable selective "enforcement".

Good to know that the Iowa Supreme Court is dominated by social justice warriors. I'm a bit surprised by that, but it's your state, so I guess you'd know.
livedarklions is online now  
Likes For livedarklions:
Old 05-04-22, 06:11 AM
  #13  
Bald Paul
Senior Member
 
Bald Paul's Avatar
 
Join Date: Sep 2017
Location: Upstate SC
Posts: 858
Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Quoted: 396 Post(s)
Liked 751 Times in 355 Posts
Originally Posted by indyfabz View Post
There was a thread once upon a time where someone did get a ticket for obstructing their plate. May have been in Mass. Been so long I cannot remember.
Well, they can. (pg 71 - License Plates) They can also be ticketed for hanging anything from the rear view mirror. (pg. 67 - Distracting Objects)
Massachusetts Driver's Manual
Bald Paul is offline  
Old 05-04-22, 07:46 AM
  #14  
indyfabz
Senior Member
 
indyfabz's Avatar
 
Join Date: Jan 2010
Posts: 34,284
Mentioned: 202 Post(s)
Tagged: 1 Thread(s)
Quoted: 15572 Post(s)
Liked 9,610 Times in 4,717 Posts
Originally Posted by Bald Paul View Post
Well, they can. (pg 71 - License Plates) They can also be ticketed for hanging anything from the rear view mirror. (pg. 67 - Distracting Objects)
Massachusetts Driver's Manual
Here you go. It was in NYC:

Ticket in NYC for Bike Rack blocking license

There is at least one other old thread on the subject where someone else mentions getting a fine for obscuring a license plate with a rack.
indyfabz is online now  
Old 05-04-22, 08:13 AM
  #15  
burnthesheep
Newbie racer
 
Join Date: Feb 2018
Posts: 3,271

Bikes: Propel, red is faster

Mentioned: 33 Post(s)
Tagged: 0 Thread(s)
Quoted: 1505 Post(s)
Liked 1,451 Times in 906 Posts
While I completely agree with the ridiculous nature of this kind of ticket, they DO sell products for bike racks and other things like hitches for this exact issue. Just to play Devil's advocate.

It's just that nobody really uses them.

This took me 30 seconds to find on Google for a Yakima. I know they sell racks in Europe with plate holders and rear brake lights integrated out of the box:

https://www.rei.com/product/190865/y...B&gclsrc=aw.ds
burnthesheep is offline  
Likes For burnthesheep:
Old 05-04-22, 09:04 AM
  #16  
rydabent
Senior Member
 
rydabent's Avatar
 
Join Date: Apr 2010
Location: Lincoln Ne
Posts: 9,359

Bikes: RANS Stratus TerraTrike Tour II

Mentioned: 35 Post(s)
Tagged: 0 Thread(s)
Quoted: 2675 Post(s)
Liked 866 Times in 505 Posts
Originally Posted by Steve B. View Post
Seems the Iowa court of appeals just ruled that use of a a trailer hitch, as well as a fixed item such as a bicycle rack, does not violate Iowa state law about obstructions of a license plate. Further that the law as written referred to dirt and grime and such, at least thats how I understand the law.

This might mean that getting a ticket for having a hitch mounted bike rack might no longer be allowed, as legal precedence has been established at least in one state.

https://news.yahoo.com/trailer-hitch...151858769.html
The beef about license plates is states like mine that has front plates. No one backs away from the police at 90MPH
rydabent is offline  
Old 05-04-22, 09:26 AM
  #17  
FredMau
Member
 
FredMau's Avatar
 
Join Date: Apr 2022
Location: Marietta Georgia USA
Posts: 32

Bikes: Blue Max Plateau EX, Novara Randonee

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 14 Post(s)
Liked 9 Times in 8 Posts
Originally Posted by indyfabz View Post
Here you go. It was in NYC:

Ticket in NYC for Bike Rack blocking license

There is at least one other old thread on the subject where someone else mentions getting a fine for obscuring a license plate with a rack.
It's illegal here in Georgia too. And I've seen it posted on some sites that they DO pull you over for it in this state. HOWEVER, I've lived in Georgia since 2013, In Oregon 12 years prior to that, and Florida for 20 years prior to that, and I've never been pulled over in ANY of these places for this,

One solution is to move the license plate. However, Georgia law requires the plate to be lighted at night so you can't just stick it in the rear window or whatever. Thule make a lighted license plate frame for their bike racks, about $49 from REI.

https://www.thule.com/en-us/bike-rac...older-_-903760

FredMau is offline  
Likes For FredMau:
Old 05-04-22, 09:32 AM
  #18  
Moe Zhoost
Half way there
 
Moe Zhoost's Avatar
 
Join Date: Sep 2015
Location: North Carolina
Posts: 2,657

Bikes: Many, and the list changes frequently

Mentioned: 5 Post(s)
Tagged: 0 Thread(s)
Quoted: 882 Post(s)
Liked 682 Times in 412 Posts
Once or twice a week, I intentionally and completely block my truck's plate from view and have never been challenged. Apparently towing something negates any enforcement interest in the legality of the towing vehicle.

The way I read the NC Statute on plates, it seems that a bike rack could (maybe) result in a citation for covering letters/numbers, though I have never heard of this happening. I do know that many citations are issued for plastic plate covers because some scofflaws install these specifically to avoid identification on toll roads as well as compliance camera areas. Perhaps a bike rack could confound an id in those cases as well.
Moe Zhoost is offline  
Old 05-04-22, 09:38 AM
  #19  
Bald Paul
Senior Member
 
Bald Paul's Avatar
 
Join Date: Sep 2017
Location: Upstate SC
Posts: 858
Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Quoted: 396 Post(s)
Liked 751 Times in 355 Posts
Originally Posted by Moe Zhoost View Post
Once or twice a week, I intentionally and completely block my truck's plate from view and have never been challenged. Apparently towing something negates any enforcement interest in the legality of the towing vehicle.

The way I read the NC Statute on plates, it seems that a bike rack could (maybe) result in a citation for covering letters/numbers, though I have never heard of this happening. I do know that many citations are issued for plastic plate covers because some scofflaws install these specifically to avoid identification on toll roads as well as compliance camera areas. Perhaps a bike rack could confound an id in those cases as well.
Aren't trailers required to have their own plates in NC? I would imagine if the trailer blocked the vehicle plate, the trailer plate could still identify the driver.
Bald Paul is offline  
Old 05-04-22, 10:12 AM
  #20  
FredMau
Member
 
FredMau's Avatar
 
Join Date: Apr 2022
Location: Marietta Georgia USA
Posts: 32

Bikes: Blue Max Plateau EX, Novara Randonee

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 14 Post(s)
Liked 9 Times in 8 Posts
Originally Posted by Moe Zhoost View Post
Once or twice a week, I intentionally and completely block my truck's plate from view and have never been challenged. Apparently towing something negates any enforcement interest in the legality of the towing vehicle.

The way I read the NC Statute on plates, it seems that a bike rack could (maybe) result in a citation for covering letters/numbers, though I have never heard of this happening. I do know that many citations are issued for plastic plate covers because some scofflaws install these specifically to avoid identification on toll roads as well as compliance camera areas. Perhaps a bike rack could confound an id in those cases as well.
Well, if you're towing a trailer or other vehicle, won't that have a license plate of it's own visible from the rear?

As an aside, It's amazing what they're doing with license plate reader technology. I drive from Georgia to Indiana once or twice a year, and go across the toll bridge on I-65 between Louisville KY and Jeffersonville IN. There are no toll booths. I could buy a transponder, but not really "worth it" for one or two trips a year. I just drive across the bridge at normal speed, it reads my license plate and several weeks later I get a bill in the mail. It's $2/trip extra for not having a transponder but still cheaper than getting a transponder.

My understanding is that most if not all cop cars around here also have on-board license plate readers that are scanning license plates as they're driving down the road, looking for wants/warrants/suspensions against the owner. I've also heard they drive through hotel parking lots at night doing the same, especially at some of the seedier hotels where offenders tend to hang out.

Last edited by FredMau; 05-04-22 at 11:06 AM.
FredMau is offline  
Old 05-04-22, 10:14 AM
  #21  
Steve B.
Senior Member
Thread Starter
 
Join Date: Jul 2007
Location: South shore, L.I., NY
Posts: 5,584

Bikes: Flyxii FR322, Cannondale Topstone, Miyata City Liner, Specialized Chisel, Specialized Epic Evo

Mentioned: 17 Post(s)
Tagged: 0 Thread(s)
Quoted: 2302 Post(s)
Liked 1,072 Times in 625 Posts
Originally Posted by nomadmax View Post
If you get a ticket for a bike rack obscuring your license plate, it isn't the bike rack, it's YOU. if you don't get that, it will always be you.
Really ?. The cop isn't giving YOU a ticket because you're being YOU, I mean how does he write that on the ticket ?, what infraction is that ?. He's giving you a ticket because he feels the bike rack is obscuring the plate. A often as not, the obscured plate is simply an excuse to conduct a fishing expedition for something else. Cops do that all the time.
Steve B. is online now  
Old 05-04-22, 10:21 AM
  #22  
Steve B.
Senior Member
Thread Starter
 
Join Date: Jul 2007
Location: South shore, L.I., NY
Posts: 5,584

Bikes: Flyxii FR322, Cannondale Topstone, Miyata City Liner, Specialized Chisel, Specialized Epic Evo

Mentioned: 17 Post(s)
Tagged: 0 Thread(s)
Quoted: 2302 Post(s)
Liked 1,072 Times in 625 Posts
Originally Posted by Moe Zhoost View Post
The way I read the NC Statute on plates, it seems that a bike rack could (maybe) result in a citation for covering letters/numbers, though I have never heard of this happening.
This kind of infraction is mentioned here on BF every so often. Not enough it seems for the assorted manufactures to offer license plate mounting brackets on their hitch racks. Not sure how convenient that would be as the racks are usually easily removable and it would be a PITA to be moving the plate. One answer is for the state DMV to offer a third plate to be mounted on a hitch rack. I don't think they do that currently. I suspect this issue of hitch racks obscuring plates will start to rear it's ugly head as the proliferation of car mounted plate readers becomes more heavily used and they realize a hitch prevents a plate from being read.
Steve B. is online now  
Old 05-04-22, 10:57 AM
  #23  
mr_bill
Senior Member
 
Join Date: Sep 2013
Location: Massachusetts
Posts: 4,475
Mentioned: 33 Post(s)
Tagged: 0 Thread(s)
Quoted: 2069 Post(s)
Liked 616 Times in 414 Posts
Originally Posted by Steve B. View Post
Not enough it seems for the assorted manufactures to offer license plate mounting brackets on their hitch racks.
I guess THULE isn't an assorted manufacturer?

-mr. bill
mr_bill is offline  
Old 05-04-22, 10:59 AM
  #24  
FredMau
Member
 
FredMau's Avatar
 
Join Date: Apr 2022
Location: Marietta Georgia USA
Posts: 32

Bikes: Blue Max Plateau EX, Novara Randonee

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 14 Post(s)
Liked 9 Times in 8 Posts
Originally Posted by Steve B. View Post
This kind of infraction is mentioned here on BF every so often. Not enough it seems for the assorted manufactures to offer license plate mounting brackets on their hitch racks. Not sure how convenient that would be as the racks are usually easily removable and it would be a PITA to be moving the plate. One answer is for the state DMV to offer a third plate to be mounted on a hitch rack. I don't think they do that currently. I suspect this issue of hitch racks obscuring plates will start to rear it's ugly head as the proliferation of car mounted plate readers becomes more heavily used and they realize a hitch prevents a plate from being read.
This is something I've been wondering about. How about a well-made and legible photocopy of the real tag in the bike rack frame? Or, possibly better, you can buy "novelty" plates from any number on online stores that look EXACTLY like your states real plate.

A close reading of the Georgia statutes indicates that this MIGHT, possibly, technically be within the letter of the law, by the skin of it's teeth.
Georgia Code Section 40-2-7. Removing or affixing license plate with intent to conceal or misrepresent

A person who removes a license plate from a vehicle or affixes to a vehicle a license plate not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner, is guilty of a misdemeanor. As used in this Code section, "remove" includes deface or destroy.

Okay, so if a person attaches one of these "novelty" plates to the bike rack, and there's CLEARLY no "intent to conceal or misrepresent", is it "legal"? I'm thinking that as long as the 'novelty' plate is merely an 'auxiliary' to the genuine plate that is properly mounted to the rear of the vehicle, this just MIGHT be legal by the skin of it's teeth. BUT I don't believe this has ever been tested in court, and I don't necessarily want to be the first person to test it.

For example: https://www.amazon.com/SignsAndTagsO.../dp/B07N8K2B38
FredMau is offline  
Old 05-04-22, 11:31 AM
  #25  
FredMau
Member
 
FredMau's Avatar
 
Join Date: Apr 2022
Location: Marietta Georgia USA
Posts: 32

Bikes: Blue Max Plateau EX, Novara Randonee

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 14 Post(s)
Liked 9 Times in 8 Posts
Originally Posted by Steve B. View Post
This might mean that getting a ticket for having a hitch mounted bike rack might no longer be allowed, as legal precedence has been established at least in one state.
Originally Posted by livedarklions View Post
It would only be precedent in Iowa. Other states may or may not have the same wording, and even if they do, it's not uncommon for different states to interpret the same words differently.
It *MIGHT* work. If there's no clear precedent in your own state, Attorneys do sometimes cite other state's rulings as "guidance". The court may find this to be "persuasive" even if not "binding".

Avvo.com (2013): Is it permissible to cite case law from another state outside of the jurisdiction of a case?
4 Attorney Answers:
"It is permissible, but it is only persuasive authority (as opposed to binding authority) because the case law has no affect on your state's laws."

"You can, and if there is no decisions in your state that are on point, a court may consider it. Obviously decisions from a different jurisdiction hold little weight when there are contrary decisions from your own state."

"Both answers of the attorneys are correct, especially the advise that you should not use a case from a foreign jurisdiction that is contradicted by a case already decided in Florida."

"You can do it but it holds less weight. It would be appropriate to do in a circumstance where you can't find any case law in the state you need. In other words, if that's all you can find then you should use it."
FredMau is offline  

Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.