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Ipod's and Bike Riding harrassed by the cops...

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Ipod's and Bike Riding harrassed by the cops...

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Old 05-10-10, 05:09 PM
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It's illegal in most places in the USA, can't wear one in the car either. I know someone who got a ticket for wearing one in a car.
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Old 05-10-10, 05:10 PM
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Originally Posted by Toddorado
Well said.

Y'know, these threads are second in wackiness only to the helmet/no helmet threads. To me it is peculiar human behavior when one fights so hard for something that one does not need, even when it is known to be illegal. Do we REALLY need tunes plugged into our head 24x7?
No just when I ride.
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Old 05-10-10, 05:14 PM
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Originally Posted by patentcad
This thread is another BF Biggest Idiot Contest isn't it?
You talking to ME ? !

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Old 05-10-10, 05:17 PM
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Originally Posted by patentcad
This thread is another BF Biggest Idiot Contest isn't it?

Its no fun if you make it this easy.
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Old 05-10-10, 05:18 PM
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Originally Posted by desertdork
Knowing the law is always better than guessing it.

2009 Florida Statutes
Title XXIII
Motor Vehicles
Chapter 316
State Uniform Traffic Control


Note the exceptions to 316.304 that the FBA forgot in their rewritten version.
none of those exceptions apply to this case, or to any music device.
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Old 05-10-10, 05:19 PM
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Originally Posted by 2manybikes
You talking to ME ? !

Bailey!
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Old 05-10-10, 05:26 PM
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Originally Posted by patentcad
Bailey!
WOOF!
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Old 05-10-10, 05:30 PM
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(c) Any person operating a motorcycle who is using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user's ears so that the user can hear surrounding sounds.
(d) Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear. (e) Any person using a headset in conjunction with communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear

(c) Any person operating a motorcycle who is using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user's ears so that the user can hear surrounding sounds.
(d) Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear. (e) Any person using a headset in conjunction with communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear

By the op's word he only had one bud in, and it was obvious to the patrolman, I think thats why there was no ticket. I think a good Lawyer could get him off had he gotten a ticket.
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Old 05-10-10, 05:32 PM
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Originally Posted by Tsuru
Haven't had a headphone thread in a while... When they gonna ban deaf cyclists already? Menace 2 The Roads, man.
Hearing impaired cyclists cannot be distracted by music/podcasts/erroneous aural content. There is a difference between not being able to hear and not being able to be distracted, at least by audio. The latter is why some accidents occur.
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Old 05-10-10, 11:40 PM
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Originally Posted by patentcad
This thread is another BF Biggest Idiot Contest isn't it?
I keep entering in hopes of winning one. BTW, how do you annouce the winners?
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Originally Posted by colorider
Phobias are for irrational fears. Fear of junk ripping badgers is perfectly rational. Those things are nasty.
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Old 05-11-10, 07:51 AM
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Originally Posted by jsharr
I keep entering in hopes of winning one. BTW, how do you annouce the winners?
I think we all just kind of know who the winner is.
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Old 05-11-10, 08:01 AM
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Originally Posted by 2manybikes
You talking to ME ? !


is it legal for a dog passenger to use ear buds or even make a telephone call?
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Old 05-11-10, 08:13 AM
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Originally Posted by ls01
(d) Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear. By the op's word he only had one bud in, and it was obvious to the patrolman, I think thats why there was no ticket. I think a good Lawyer could get him off had he gotten a ticket.
In a classic example of unintended consequences of legislative drafting, the outcome of a ticket to the OP might well turn on whether he was using an I Pod, or an I Phone.

I Phone and the exception applies. (However you might still get into an issue of whether he was using the headset with a phone if he were only listening to music stored on the internal storage of the device, and not using the phone)

I Pod, and the exception on its face does not apply.
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Old 05-11-10, 09:03 AM
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Originally Posted by coasting
is it legal for a dog passenger to use ear buds or even make a telephone call?


Should Pcad be liable for part of the bill when Bailey calls Sam and uses up my cell phone minutes?
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Old 05-11-10, 09:05 AM
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Only if Bailey and Sam are on iPhones. Pcad will accept nothing less than genuine Apple quality.
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Originally Posted by colorider
Phobias are for irrational fears. Fear of junk ripping badgers is perfectly rational. Those things are nasty.
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Old 05-11-10, 09:41 AM
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Originally Posted by jsharr
Only if Bailey and Sam are on iPhones. Pcad will accept nothing less than genuine Apple quality.


Is there an app for chasing squirrels yet?
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Old 05-11-10, 09:47 AM
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Bigger issue: why are you content hearing only one channel of music? Doesn't that sound really wierd? Why not just buy a stereo to mono adapter and a monaural earbud?
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Old 05-11-10, 12:37 PM
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Way too much equipment to put on a bike. I use one the tiny 2 gen shuffles. Next people are going be carrying giant 12" woofers and power amps mounted on the backs of saddles.

Now that would be a sight. Not so aero but we could be breaking the volume ordinance here in Jax (once again not really enforced)
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Old 05-11-10, 12:43 PM
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Originally Posted by merlinextraligh
In a classic example of unintended consequences of legislative drafting, the outcome of a ticket to the OP might well turn on whether he was using an I Pod, or an I Phone.

I Phone and the exception applies. (However you might still get into an issue of whether he was using the headset with a phone if he were only listening to music stored on the internal storage of the device, and not using the phone)

I Pod, and the exception on its face does not apply.
And I think that a decent lawyer could focus on the "leaving one ear open" portion of either of the exceptions. Weather you block one ear with a walkie talkie a cell phone or a music player that ear is still blocked but more importantly one ear is still open.
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Old 05-11-10, 01:07 PM
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Originally Posted by Mose
Bigger issue: why are you content hearing only one channel of music? Doesn't that sound really wierd? Why not just buy a stereo to mono adapter and a monaural earbud?
It sounds fine. I am not interested in having an audiophile orgasm when I ride my back, I just like something in the background.
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Old 05-11-10, 01:09 PM
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Originally Posted by Toddorado
Hearing impaired cyclists cannot be distracted by music/podcasts/erroneous aural content. There is a difference between not being able to hear and not being able to be distracted, at least by audio. The latter is why some accidents occur.
Good thing they ban radios in cars.
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Old 05-11-10, 01:21 PM
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Originally Posted by ls01
And I think that a decent lawyer could focus on the "leaving one ear open" portion of either of the exceptions. Weather you block one ear with a walkie talkie a cell phone or a music player that ear is still blocked but more importantly one ear is still open.
If it's not a phone, there's no ambiguity to argue. The exception for cell phones simply doesn't apply.

You get to argue about the legislature's intent, the public policy behind the statute, etc. when there's an ambiguity in the language that the court has to interpret. Here, there is no ambiguity. If it's not a phone, you don't even get started with the argument.

In other words, the exception you want to rely on requires 2 facts: 1) using a headset in conjunction with the use of a cellphone, and 2) using it only in one ear, allowing sound to enter the other.

If it's not a phone, you don't meet criteria 1, and criteria 2 becomes irrelevant.

Also it doesn't take a Rocket Scientist for a Judge to realize that the statute was intended to allow the use of ear pieces such as blue tooth enabled ear pieces with cell phones; it wasn't intended for people listening to music on their I Pod.
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Old 05-11-10, 01:39 PM
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Originally Posted by ls01
If its not against the law how can he write you up?
It should be when used in traffic. It's the same type of distraction as people with ear pieces talking on their phones.
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Old 05-11-10, 01:50 PM
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Originally Posted by Mhendricks
It should be when used in traffic. It's the same type of distraction as people with ear pieces talking on their phones.
It's clearly not illegal to use an ear piece to talk on the phone (see above discussion), nor is passively listening to music even remotely the same type of distraction as carrying on a conversation with someone.
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Old 05-11-10, 01:53 PM
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FL law on riding two abreast was just 'clarified' here in the Tampa area. The area of San Antonio is one of the few hilly areas in FL and many riders go there on the weekends to ride. The Sheriff has been strictly enforcing the laws recently. So yes, while FL has some good weather for riding, the legal challenges and the excessive traffic are making it a pain.

https://www2.tbo.com/content/2010/may...ng-traffi/c_2/

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