Pulled over for standing.

Discussion in 'The Perfect Line and Other Riding Myths' started by Al Goodwin, Jul 26, 2011.

  1. Al Goodwin

    Al Goodwin Long timer

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    One of those "cold in the morning, hot that afternoon" kind of days...So I'm cruising thru town, nice and easy, sweating bullets...I stand for a bit, just to let things get some air flow.

    Now I'm aware that I'm overtaking an unmarked cop car, they really don'y cover it well...anyway, I continue to stand.....as soon as I'm past the cop, the lightd come on. I pull over, and get off the bike, start removing my helmet.

    Officer: What are you doing?

    Me: Going home:D

    Officer: Where's Home

    Me: Priceville

    Officer: Where are you coming from?

    Me: Work:lol3

    Officer: where do you work?

    Now I think..."Is it any of his business"....But I tell him anyway.

    Oficer: Why are you standing?

    Me: It's HOT, just stretching my legs, airing out the jewels.:lol3

    Officer: Isn't that dangerous

    Me: Actually, I'm MUCH safer while standing.:freaky

    Officer: (with confused look on his face:huh) License and proof of insurance please.

    Me: Sure thing

    Anyway....No ticket, but a stern talking too about NOT standing while riding....I'm 46 years old, riding a 45,000 mile KLR650....not some 20 something on the latest/greatest/stretched and slammed GSXFZRCBR1800.....

    Any stories like this out there??

    Let's hear'em.
    #1
  2. Kbetts

    Kbetts Long timer

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    County Sheriff directing traffic had a fit when I was standing while in creeping traffic. Amazes me how LEO's have no trouble understanding that trucks can't behave like a car but are completely ignorant that motorcycles can't be cars either.
    #2
  3. rivercreep

    rivercreep Banned

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    Your age is what saved you.
    I'm 44 and in the past 4 years at least, I've noticed an attitude change by the Leos when I've been pulled over. (for the better) A clean record also helps. 40 seems to have been the defineing age around my area for getting off with warnings. I'm assuming they realize you must have had a legitimate reason for doing what you were doing and that you must be a safe rider (not a squid) to have lived this long on bikes, so you're ok.:D
    #3
  4. FAW3

    FAW3 Wanderer

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    Well told. I guess I should be more careful as I do the same thing on my KLR. The last week or so has been killer as to temps/humidity and even for short runs I find myself standing up to air out the underworld regions.

    A DS bike makes standing easy and comfortable. Importantly your able to maintain control and access to all driving controls/levers. Standing is a common riding posture used to change balance, get a elevated point of vision, and absorb impact (like when off road/rough pavement).

    I would think (meaning this is my opinion) that if you were stopped by LE for "standing"...the LEO would be likely thinking along the lines of "reckless driving" (at least in Va. - where the Code has a "general" reckess driving provision). My opinion is that if you were in violation of no other traffic laws (speeding, fail to signal, etc) your best approach is to offer the explaination in the second paragraph...stress that your in control, balanced, and safe. Be civil and hopefully you will be on your way in a few moments....

    If not...once you know your getting a ticket...keep quiet and don't "write your own confession" by making more statements to the officer. In court...the officer will have to prove the reckless aspect (disregard for life/property)...hard to do if all you were doing was standing up, committing no other violations, and were in proper control of the bike.

    From the LEO side of the issue...I can see that a non-MC rider would think a standing rider was "doing something odd", which can easily translate to "possible DUI", or other issues, especially if other traffic violations were observed.
    #4
  5. Wolfgang55

    Wolfgang55 Long timer

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    While riding w/ well over a dozen in our group, during bike week at Daytona. WE all were trying not to come to a complete stop at the signal lights. This was sort of a slow ride event in slow motion. FHP made his point by stopping all of us & telling us how we were not breaking the law but riding in an un safe "NEAR preformance manner". Traffic was heavy as usual.
    He told us if one of us fell then others could follow & thus causing injury etc. There was no ID check nor proof of ins.

    We have two riders who can come to a dead stop w/o touching the pavement w/ boots. We all kept a good distance between our scoots but the LEO was just uncomfortable.

    But as earlier stated above, never try to make your point, & keep everything low key. Once LEO starts to ask questions non related to any offense it is likely they are fishing &/or testing your cooperativeness.

    Does age help? That depends on what you've learn.
    #5
  6. DADODIRT

    DADODIRT Gettin' older Supporter

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    There are a few other threads on this topic that all get quite lengthy.

    Here's my $.02-
    You can't see in your mirrors while standing, so pick and choose where you do your standing. If I am on a two lane highway I don't stand while in a passing lane. I want to know if someone is trying to pass me.
    If I am in a four lane I keep far to the right and try to stand only if no one is behind me.
    And, not to mix threads, but sometimes I stand to confuse a tailgaiter. Never for long and it does go counter to 'seeing behind you'.
    Illegal? Sure. Lotsa things are illegal. If it was a speeding ticket I would shut up and take whats given to me. Standing while riding? I think I would keep quite while the LEO is around, then see him in court.
    #6
  7. Bronco638

    Bronco638 Nobody Home

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    I live in the N.W. suburbs of Chicago. Every time I encounter a LEO, that seems friendly and has the time, I work this question into the conversation (is it OK to stand while riding a motorcycle in traffic). None of them have indicated it is nor would they pull someone over for doing it, unless they were riding recklessly (and I guess "recklessly" is open to interpretation). I also try to get their perspective of "stunting" and it's obvious that they see the two (standing & stunting) as separate. I know the Chief of Police, in my 'burb, rides. I don't stand just to provide airflow to my mid-section, no matter the heat. But, I do stand to cross some super-rough RR tracks that are on my commute. I've done this in view of LEO in the past. I have yet to have any trouble with LE (and would hope to keep it that way).
    #7
  8. Sic Semper Tyrannis

    Sic Semper Tyrannis Plays with Banjos, Boats and Bikes...

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    30 years ago while taking my license exam I was asked to weave through cones.....having been a dirt bike rider for 10 years already I stood up and weaved through the cones.

    Examiner said I failed since I stood up. I asked IF I ran across cones I was required to weave around while riding on the road what stopped me from standing? DUH. He said can you do it seated? SURE so I did it and threw a full lock 360 in both directions in for him. At which point he said I passed. :)

    All that play trials riding I did as a kid came in handy!!

    Seems that many cops and DMV examiners are just regular old dumb cagers with no clue about bikes.
    #8
  9. 9Realms

    9Realms Drawn in by the complex plot

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    It's against the local law pretty much universally everywhere. I see your point and purpose, but it's a sure-fire justified police stop, you can plan on it.

    Best practice, and they will tell you this, "if you are hot or tired, pull over, get off your bike and take a rest", then continue on your adventure.

    I have done it too. No, we will not get any laws changed. No, it's really not a good idea in town or where you may be seen by five oh.

    #9
  10. cliffy109

    cliffy109 Long timer

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    There was a topic about this here at ADV rider a few months back. In many states, it is very clearly against the law to ride on the street without your butt on the seat. Here is the VA law on the matter:

    § 46.2-909. Riding on motorcycles, generally.
    Every person operating a motorcycle, as defined in § 46.2-100 excluding three-wheeled vehicles, shall ride only upon the permanent seat attached to the motorcycle
    #10
  11. Bucho

    Bucho DAMNrider Supporter

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    I got pulled over once while going through a small town on the way back home from a long ride. I was kind of wondering why the cop pulled me over and when he told me it was illegal to stand on the pegs, I thought he was pulling that out of his butt. But he was pretty nice about it and after running my license and registration let me go w/ a verbal warning.
    I got home and checked MD traffic law, and sure enough there is a paragraph worded something like, "the rider should BE SEATED with feet on the pegs while riding...".

    So in the state of MD it is illegal. Though I still do it when I choose to. I can't imagine getting a ticket for that unless you act like a douche to the cop who pulled you over.
    #11
  12. leejosepho

    leejosepho Sure, I can do that!

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    Yes, that was my assumption when I first saw this thread, and I would personally "suggestively discourage" -- do as you please -- standing while riding on a public roadway. Other than among off-road riders navigating tough courses and obstacles, this is the first I have ever even heard of standing while riding since I began way back in '65!
    #12
  13. Bucho

    Bucho DAMNrider Supporter

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    A friend and I got pulled over another time. My buddy was driving an MX style offroad sidecar motorcycle (yes it street legal). There is no real seat, the hack is really just sort of a platform w/ a grab bar. We did glue a pad to the fender of the sidecar wheel, as a seat for the passenger.
    While running a very short pavement section between the dirt a cop spotted me standing on the hack and pulled us over. I think he was more interested in just figuring out what the hell we were riding. We explained it and he was happy to get up on the hack and pretend to hang off through the turns. I told him I would sit on the "seat" while on pavement and he let us go.

    This isn't the street legal rig, but it is the same kind of hack.
    [​IMG]
    #13
  14. dwoodward

    dwoodward Long timer

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    Know your local laws. subparagraph (b) emphasis mine.

    Code of Alabama - Title 32: Motor Vehicles and Traffic - Section 32-5A-241 - Riding on motorcycles

    (a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.
    (b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.
    #14
  15. pineconeMN

    pineconeMN Been here awhile

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    I'm not a lawyer, but this says to me if you're going to sit, it must be on the permanent seat attached to the motorcycle but it's not clear that one must be seated at all times. Beginning riders are taught to stand on the pegs while going over obstacles.
    #15
  16. leejosepho

    leejosepho Sure, I can do that!

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    I think that was very reasonable under those specific circumstances, but I think I will have to have a seat belt in my own sidecar since any passenger will not actually be on any OE "motorcycle seat" ... and I seriously doubt even that cop would have let you go on down the road standing. And then, of course, I wonder whether the "seat belt" on my power chair will be accepted as sufficient for highway use even after the power chair, itself, has been securely fastened/tied/strapped to the deck.
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  17. dwoodward

    dwoodward Long timer

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    No, they're not. They're taught to "rise off the seat" and "keep knees bent".

    MN:
    169.974 MOTORCYCLE, MOTOR SCOOTER, MOTOR BIKE.
    Subd 5, Driving Rules:
    (c) No person, except passengers of sidecars or drivers and passengers of three-wheeled motorcycles, shall operate or ride upon a motorcycle except while sitting astride the seat, facing forward, with one leg on either side of the motorcycle.
    #17
  18. DAKEZ

    DAKEZ Long timer

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    I will continue to stand when I want to regardless of the law. I took a ride through OR,ID,WA & MT earlier this month and estimate I was standing for about 50 miles of it while on pavement. (Not a lot)

    Off pavement I was standng about 90% of he time.
    #18
  19. DireWolf

    DireWolf Knees in the Breeze

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    In city traffic, I'd submit this is not necessarily true.
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  20. ph0rk

    ph0rk Doesn't Care

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    The law as quoted makes no differentiation between locked knees standing and bent knees crouching - if the ass is off the seat, the law is broken.

    So, yes, what beginning riders are taught is counter to what the law expects. Write state legislators (hah).
    #20