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I hope this was a fluke!

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I hope this was a fluke!

Old 10-26-07, 01:37 AM
  #1  
Live2Die
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I hope this was a fluke!

So yesterday my roomate gets home and tells me of his crappy day which included a citation for not having brakes on his bike. He said he comming to a light and skidded to a stop in plenty of time for the intersection and happended to come up next to a cop. The cop says hey does that thing have brakes? He replies with a quick "my cables are on their way." The cop eventually gives him a $90 ticket. I was wondering how many/often this has happened to you? Maybe this is a rare occurance or a new wave in my town? either way he's the first of the people I ride with to even get questioned. Oh and lets not turn this into the "put a brake on it" forum. I have no problem with people riding with or without brakes my choice is my own.
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Old 10-26-07, 01:49 AM
  #2  
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you've made a terrible mistake.
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Old 10-26-07, 02:06 AM
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Up here it seems pretty random. I was cited and told to simply but a brake on and come to court with proof (photo), and he would ask the judge to dismiss the violation (cop never showed so it was dismissed anyway) Maybe your friend can do the same.

Simply, it's a law. The police will cite you on it if they have the hankerin'.
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Old 10-26-07, 02:16 AM
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I've seen it happen.

As previously stated, it is a fix-it ticket.
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Old 10-26-07, 02:21 AM
  #5  
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Originally Posted by Live2Die View Post
Oh and lets not turn this into the "put a brake on it" forum. I have no problem with people riding with or without brakes my choice is my own.

Enjoy your ticket. It's a law.
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Old 10-26-07, 02:26 AM
  #6  
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If you knowingly break a law, you forfiet your right to whine and complain about getting punished.

Put a brake on your bike. You can still use your legs to slow/stop. No one will know. Win-win.


Oh, you don't want a brake because it "looks wrong"? Enjoy your $90 "fashion tax".

(I ride brakeless, as it's allowed in my state.)
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Old 10-26-07, 02:30 AM
  #7  
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Wait, so is brakeless illegal in Oregon now? I thought it was overruled(?). In any case, lame.
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Old 10-26-07, 02:36 AM
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Originally Posted by Serendipper View Post
If you knowingly break a law, you forfiet your right to whine and complain about getting punished.

Put a brake on your bike. You can still use your legs to slow/stop. No one will know. Win-win.


Oh, you don't want a brake because it "looks wrong"? Enjoy your $90 "fashion tax".

(I ride brakeless, as it's allowed in my state.)
Man no fair you don't get taxed on your "fasion".

Yep Fugazi Dave, it's still a law.
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Old 10-26-07, 02:36 AM
  #9  
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Its been illegal in Portland. But im pretty sure up in Portland its just a fix it ticket.

So tell your friend to calm down its cool. Unless eugene is that much different on bicycles rules.
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Old 10-26-07, 03:25 AM
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Originally Posted by Live2Die View Post
I have no problem with people riding with or without brakes my choice is my own.
Then you must like drunk drivers too, no?
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Old 10-26-07, 08:04 AM
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Old 10-26-07, 08:12 AM
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You can actually get off by claiming the cop was being arbitrary and capricious. However, you will have to prove that statistically, that it is rare for them to give tickets for not having brakes. I am willing to bet it would be a hard case to win and is not worth the time. I recall there being a case about this already in the area. A messenger received a ticket and fought it claiming she had brakes. I believe she lost.
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Old 10-26-07, 08:24 AM
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your mistake was stopping. you should immediately flee

what are they gonna do ?
you are a brakeless wonder, able to outrun and outdo anyone or anything. right ?

welcome to the real world.
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Old 10-26-07, 08:49 AM
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yup...just book it...cops cars cant drive as fast as bikes...especially in rush hour.
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Old 10-26-07, 08:56 AM
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Is this what you're talking about lvleph?
https://www.youtube.com/watch?v=pYWhJCzOh7Y
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Old 10-26-07, 10:05 AM
  #16  
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It never happened to me where I live because I don't ride without a brake, and it's not illegal (that I know of) anyway, just stupid. Funny, because there's a law for everyting else in NJ. Anyway, your roomate was selected to pay the "stupid tax".
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Old 10-26-07, 10:37 AM
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i bet if you send in a receipt for your purchase of brakes they will wave the fee

i think thats what 4doorhoor was saying with "fix-it ticket" but im not sure
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Old 10-26-07, 10:52 AM
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Well we know it is a fix it ticket an already have the brakes to throw on there and take a picture. Thanks for the advise though, I was just wondering if it is a trend or just at the wrong place at the wrong time with the wrong pig. Sounds like it was. oh and yeah drunk drivers are cool with me and I think if you want to murder dudes thats cool too I mean free choice right? A wise man once said "it's easier to ask for forgiveness than for permission"
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Old 10-26-07, 10:55 AM
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It illegal in NJ:

https://www.state.nj.us/transportatio...gulations.shtm

"39:4-11.1 Brakes.
A bicycle must be equipped with a brake that can make wheels skid while stopping on dry, level, clean
pavement. "

It is still illegal in Oregon:

"Oregon Revised Statute (ORS) 815.280(2)(a) which states,
A bicycle must be equipped with a brake that enables the operator to make the braked wheels skid on dry, level, clean pavement. strong enough to skid tire."
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Old 10-26-07, 11:15 AM
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That definition could still arguably apply to the fixed drivetrain, keyword is SKID. Also means bikes don't need front brakes, ever tried a front tire skid? It's a faulty wording of the law and has been discussed before.
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Old 10-26-07, 11:28 AM
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Originally Posted by andre nickatina View Post
That definition could still arguably apply to the fixed drivetrain, keyword is SKID. Also means bikes don't need front brakes, ever tried a front tire skid? It's a faulty wording of the law and has been discussed before.
Isn't the keyword the Brake? I mean it is the noun after all. Skid simply describes the braking. Pushing backwards on the drive train while can stop you, is not considered a braking mechanism
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Old 10-26-07, 04:10 PM
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American Heritage Dictionary definition:
1. A device for slowing or stopping motion, as of a vehicle, especially by contact friction.
2. Something that slows or stops action.

Fixed drivetrain seems to have all the characteristics of fitting the definition.

I'm not arguing that riding brakeless is safe, I'm arguing that the lettering of the law is ambiguous and faulty.
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Old 10-26-07, 04:13 PM
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demonstrate a skid on dry pavement
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Old 10-26-07, 04:33 PM
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Your friend made bad judgment in many ways. Riding brakeless in public is very unsafe and only done for aesthetics. By saying "cables on on the way" is an admission that he knew he was wrong. If he wanted to avoid the ticket he could have easily told the cop that his bike has coaster brakes (not the same thing as fixed). And maybe even done a faux demonstration since to a layman it would appear that by pushing the pedals backwards you are applying a brake. But yeah, put on a slick front brake, take a picture, get out of a ticket and keep the brake on. Ride safe.
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Old 10-26-07, 04:49 PM
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I would argue that riding brakeless isn't purely for aesthetics, but we all know this topic has been discussed time and time again.

I will say though that riding brakeless is in the end, not the smartest decision.
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