This officer needs some learnin'!

[IdahoMtnSpyder]

This past Wednesday while driving to Lewiston, ID I see the dreaded blue and red flashing lights behind me. I stop, take off my helmet, get off the Spyder and wait for the officer to approach. "What did I miss?", I asked thinking I must have been speeding or something of the sort.

"Your flashing lights, they're not allowed."

"They're not flashing. They are modulated. Headlight modulators are specifically allowed on motorcycles."

"Never heard of such a thing."

I tell him the search the Idaho Code. Well, as it turns out, a section I remember seeing in the Idaho code specifically citing the Federal reg on modulators is no longer in the code. So of course he couldn't find it. He did not for one second believe me about modulators being allowed, even after I explained the differences between them and emergency vehicle flashing headlights. So he wrote me a citation for having flashing lights.

Today I finally found the pertinent Federal Code sections. One of the provisions states that no state can have any regulation related to vehicle safety other than a direct quote of the Federal requirement. I guess that's why the provision was dropped from the Idaho Code since it was redundant and added nothing to the law.

Naturally, I will plead not guilty and send copies of the Federal Reg and the info about the modulator I have installed to the county prosecutor in Lewiston. I'll send a copy to the officer although I'm doubtful he'll seek to have the ticket killed. He was nice enough to give me his card with his email. If he doesn't offer to ask the prosecutor to kill the ticket then I'll submit a Citizen Complaint to the headquarters of the Idaho State Police. This is the first time in 11 years of riding with a headlight modulator that any police officer has questioned it. I guess I'll make a copy of the codes and carry them with my registration and proof of insurance.

For anyone who is wondering what the codes say here are the copies I'll be sending.

View attachment CFR-2016-title49-vol6-sec571-108-2 Pages 375-376 Hilited.pdf

View attachment USCODE-2011-title49-subtitleVI-partA-chap301-subchapI-sec30103 Page 540.pdf

 

[pitzerwm]

Only the PA can toss the ticket. When you call/send him the info, if he isn't a moron they will drop it. If not of course, you have a false arrest case.

I'm surprised that a state trouper would make that mistake, but then again another of your troupers (with a Napoleonic complex) stopped me for "passing on the right" on I84. After, bringing to his attention that I had been undercover for WA, and "I'm sure that you are correct, in ID, but not in WA", he decided to give me a firm warning and let me go.

 

[Bob Denman]

If you're in the right: be thankful, and take your day in Court!
I would never expect a Patrol Officer to be 127% versed in all traffic laws... all of the time! nojoke
Did you always know EVERY aspect of your job; ALL of the time?
Probably not!
If you found a gap in your knowledge: you took the time to learn what you needed. That's just human nature.

Good luck! :thumbup:

 

[newbert]

Interesting story.

But what exactly is a headlight modulator?

 

[Bob Denman]

It continuously changes from high beam, to low beam. It makes you more visible, while completely annoying everyone around you!

 

[jaherbst]

I never liked them myself. They annoy me when driving and I will start flashing my brights intermittently when they approach me head on. Get a bright

Helmut or wear a bright T-shirt. This only annoys others on the Highway and could put you in more danger by someone with "Road rage".

Jack

 

[Easy Rider]

I never liked them myself.

Me neither.....on other vehicles or mine.

Sometimes things like that get TOO MUCH attention from other drivers and "target fixation" comes into play, making you less safe instead of more.

 

[jcthorne]

I hate them too. They tend to piss off other drivers getting exactly the wrong kind of attention from others. Including bikers. There are far better ways to be seen without the annoyance.

 

[Lew L]

Headlight modulators

I've had the modulators on by 2 wheelers for years and like them a lot ( Not on the spyder ) I shut the off when following anyone. Oncoming traffic SEES Me, which is what I want.:thumbup:

Kaos

 

[Wildrice]

I tell him the search the Idaho Code. Well, as it turns out, a section I remember seeing in the Idaho code specifically citing the Federal reg on modulators is no longer in the code. So of course he couldn't find it. He did not for one second believe me about modulators being allowed, even after I explained the differences between them and emergency vehicle flashing headlights. So he wrote me a citation for having flashing lights.



View attachment 153769[/QUOTE]

In Ohio most police will listen to some reason. But disputing any issue with the "Highway Patrol" is a waste of time:banghead:

 

[classicvw]

I never liked them myself. They annoy me when driving and I will start flashing my brights intermittently when they approach me head on. Get a bright

Helmut or wear a bright T-shirt. This only annoys others on the Highway and could put you in more danger by someone with "Road rage".

Jack

I absolutely LOVE them. Sorry if it annoys you, but that tells me it served its purpose-you noticed me. While it's certainly not my intent to annoy anyone, it's legal, so suck it up and stop flashing your high beams. Doing that is a violation, not my headlight modulator.

Oh, and I already wear a bright white helmet and a bright yellow riding jacket. The intent here is to stay alive. You as a rider should appreciate that.

 

[UtahPete]

How is it even possible to modulate the headlights on a 2014RT? There is no hi / low beam on those.

 

[KX5062]

This past Wednesday while driving to Lewiston, ID I see the dreaded blue and red flashing lights behind me. I stop, take off my helmet, get off the Spyder and wait for the officer to approach. "What did I miss?", I asked thinking I must have been speeding or something of the sort.

"Your flashing lights, they're not allowed."

"They're not flashing. They are modulated. Headlight modulators are specifically allowed on motorcycles."

"Never heard of such a thing."

I tell him the search the Idaho Code. Well, as it turns out, a section I remember seeing in the Idaho code specifically citing the Federal reg on modulators is no longer in the code. So of course he couldn't find it. He did not for one second believe me about modulators being allowed, even after I explained the differences between them and emergency vehicle flashing headlights. So he wrote me a citation for having flashing lights.

Today I finally found the pertinent Federal Code sections. One of the provisions states that no state can have any regulation related to vehicle safety other than a direct quote of the Federal requirement. I guess that's why the provision was dropped from the Idaho Code since it was redundant and added nothing to the law.

Naturally, I will plead not guilty and send copies of the Federal Reg and the info about the modulator I have installed to the county prosecutor in Lewiston. I'll send a copy to the officer although I'm doubtful he'll seek to have the ticket killed. He was nice enough to give me his card with his email. If he doesn't offer to ask the prosecutor to kill the ticket then I'll submit a Citizen Complaint to the headquarters of the Idaho State Police. This is the first time in 11 years of riding with a headlight modulator that any police officer has questioned it. I guess I'll make a copy of the codes and carry them with my registration and proof of insurance.

For anyone who is wondering what the codes say here are the copies I'll be sending.

View attachment 153771

View attachment 153766

View attachment 153768

View attachment 153769

A "citizen's complaint" is for wrongdoing or malfeasance, it is not for a lack of a proper understand of obscure federal regulations that can be contradictory to state laws. And, then not being able to find it along side of the road while keeping himself and you from getting run over or whatever. Give the guy a break, he did what he did while seemingly being professional, courteous and polite. Besides, there are many federal regulations that are completely disregarded by states, and since the police enforce state laws and not federal regulations, that's what they do. (For example: Been reading the news lately about federal immigration laws that are being disregarded by states and local authorities?)

Only the PA can toss the ticket. When you call/send him the info, if he isn't a moron they will drop it. If not of course, you have a false arrest case.

I'm surprised that a state trouper would make that mistake, but then again another of your troupers (with a Napoleonic complex) stopped me for "passing on the right" on I84. After, bringing to his attention that I had been undercover for WA, and "I'm sure that you are correct, in ID, but not in WA", he decided to give me a firm warning and let me go.

"False arrest"? Seriously? Are you kidding? It's a ticket, NOT an arrest. A ticket is a detention, NOT an arrest. :lecturef_smilie:

I don't know what a "PA" is, but in most places tickets can not be "tossed out", they can only be dismissed by a judicial authority. Also, in most jurisdictions tickets are filed directly to the court, so they do not go through a local prosecuting authority, hence only the judge can dismiss it. Now, the officer in some cases can file an amendment to the ticket requesting dismissal citing some kind of legal grounds, but that is mostly the closet you're going to get.

You pass on the right and then you accuse an officer of having short man's syndrome for warning you and not scratching you. Seriously, you need to get a grip.

 

[classicvw]

How is it even possible to modulate the headlights on a 2014RT? There is no hi / low beam on those.

I have them on my two wheelers, I haven't researched yet for my Spyder. I've only owned it less than a month and 10 days of that I was away on vacation so I am riding it first, then compiling a list of wanted / needed farkles.

 

[classicvw]

KX5062,

"PA" I assume he means prosecutor. In NJ, traffic tickets are handled at the local level and it actually varies from court to court on the ways tickets can be amended or tossed. Each Judge has his own rules sometimes. The prosecutor is supposed to check first with the complaining officer, but many times it's done behind his back and without his input. All the prosecutor needs to do is, in open court, tell the judge the state cannot proceed and wants to withdraw said complaint. The judge will be glad to lessen the Court's case load, and will most likely grant it without asking any questions as to why.

 

[Grandpot]

How is it even possible to modulate the headlights on a 2014RT? There is no hi / low beam on those.

A modulating light does not go from high beam to low beam. It actually varies the power to the high beam between 100% to 70% and then back to 100%. Because it works on only one filiment, it works fine on a Spyder. I have used one one my Valkyrie for 8 years with no problems.

 

[ES44AC]

I am a big supporter of the LEO and the need for them BUT, most traffic tickets are rarely about safety. Most of the traffic tickets are used as a revenue tool for state and local governments.

 

[classicvw]

I am a big supporter of the LEO and the need for them BUT, most traffic tickets are rarely about safety. Most of the traffic tickets are used as a revenue tool for state and local governments.

Your complaint is with the state and local government. Believe me, individual LEOs do their job writing tickets because they care about keeping the motoring public (and pedestrians and bicyclists) safe. Most actually push back when they are pressured to write more when they feel the request is for purely financial reasons.

 

[PrairieSpyder]

How is it even possible to modulate the headlights on a 2014RT? There is no hi / low beam on those.

I had high and low beams on my 14 RT.

 

[Motorcycledave]

I had the same thing...

I had the same thing a few years ago while riding my Honda ST1100
short story, got a ticket took it to court pled not guilty got a court date
officer had to be there, judge took the time to check the laws state and federal
then educated the officer and dropped the case.
end of story.