Legal Advice. Riding Standing Up. BC.

Discussion in 'Canada' started by avdeeff, Apr 8, 2013.

  1. avdeeff

    avdeeff n00b

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    Not sure if everyone knows, but about a year ago when the new helmet laws were introduced in bc, so was a law that stated that the rider must be seated astride the motorcycle at all times.

    Not knowing this I rode through Lytton last September, standing, going in a straight line, 10km/h under the speed limit, riding respectfully. Some asshole cop pulled me over and gave me a ticket for it. I sent off my dispute and just today got a notice in the mail that my court date is in July.

    So does anyone here have experience with this, or have any advice on how to tackle this?

    Many thanks.
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  2. Cal

    Cal Long timer

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    Show up to the court date and be respectfull to the Judge..... standing is a way to reduce fatigue of which you were feeling at the moment the officer saw you...you felt it was a safe way to help reduce the fatigue you felt and were just about to stop for a rest.

    I hope others can help with information for you, maybe a cop could chime in here?
    #2
  3. 2whlrider

    2whlrider Adventurer

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    Not sure about saying you were fatigued. They may just expect you should have pulled over and had a rest instead of standing. Perhaps just saying you were standing for a short while to stretch out your legs and that you have experience riding standing while off road riding because it gives better control.
    Also stating you do not participate in any form of stunt riding.
    Don't know if that would work.
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  4. maraisrider

    maraisrider Been here awhile

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    My brother got nailed for doing a wheelie in Victoria 10 years ago. Went to court with as much info as he could find trying to prove he was in control at all times. Case was thrown out!
    My point is that you arm yourself with whatever you can find that shows standing on your bike is a type of riding and see what happens.
    Good luck :thumb
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  5. drrod1

    drrod1 Been here awhile

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    Check the BC motorcycle manual. The Alberta one states you should lift yourself off the seat when going over bumps (Iam paraphrasing). Seems incongruous for it to be illegal on one hand yet is the correct answer in the test to get a MC license.
    Rod
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  6. gybeman

    gybeman Been here awhile

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    I was going to mention that too. Same in Ontario. Looking forward to the outcome.
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  7. Cody1771

    Cody1771 Been here awhile

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    standing up in BC is now illegal in any situation, part of the new laws brought in last year.

    can't say if you're going to be able to fight it or not, i would go with the fatigue thing, being respectful is key. another idea is to plead guilty and argue the fine amount. buddy of mine got a ticket on his dirtbike on a fireroad, which he was guilty of not having insurance but got it down to $60 and 6 months to pay.
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  8. edwin

    edwin Been here awhile

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    say that you thought you saw a topless lady tanning in her back yard and wanted to confirm the suspition...confirmed. then go into enough detail to get everyone derailed...they will forget why you were even in court. case dismissed.
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  9. drrod1

    drrod1 Been here awhile

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    "...standing up in BC is now illegal in any situation, part of the new laws brought in last year. ..."

    Another example of the "unintended consequences" of a poorly written piece of legislation. Virtually every dirt school teaches you to stand on the pegs to better control a bike on loose surfaces. Maybe you could persuade an instructor from a local school to go with you on your court date to speak to it.


    I ride quite a bit in BC but there are getting to be more and more reasons not to. Not that Alberta is that far behind on the draconian enforcement/revenue generation side of things.


    A quick scan of the BC Motorcycle manual gave this from Chapter 9. I bolded the pertinent part.

    Strategies: going over obstacles
    If you have to ride over an obstacle, you’ll need to have
    maximum balance and control of your bike:
    • Slow down if possible.
    • Approach in an upright position and try to strike the
    object head-on at a 90-degree angle.
    • Grip the handlebars fi rmly.
    • Lighten the front end of your bike just before hitting the
    obstacle by releasing the brakes and accelerating slightly.
    • Rise slightly on the footpegs so that you can absorb the
    shock with your knees and elbows.

    • Pull off the road when you can, and check your tires, rims


    Here is a link to the whole manual.
    http://www.icbc.com/driver-licensing/Getting-licensed/ltrs_full-guide.pdf

    So if it illegal, under any circumstances, to rise off the seat, then there is a obvious conflict.

    Hopefully you get a judge with more common sense than the LEO that wrote you up.

    Rod
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  10. Lav1200

    Lav1200 Pig Pen

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    Was there a reason for standing... like big potholes or something? If you were standing to exercise better control due to adverse road conditions, then you might have a good argument. Might be tough to justify standing on the pegs while riding billiard-table smooth pavement.
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  11. drrod1

    drrod1 Been here awhile

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    "....illegal in any situation..."

    I am not a lawyer but common sense tells me this is where it comes apart.

    Rod
    #11
  12. Ridemuch

    Ridemuch SUP

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    I've used this a few times. Chapter 11B of the charter of rights. The right to a speedy trial.(under 8 months) or they must throw it out.
    You're going to need a lawyer for this.
    #12
  13. willys

    willys Long timer

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    I got pulled over for this last year....I managed to talk my way out of it saying I was just trying to air the boys out from a long day in the saddle....yep...he bought it! I was very sorry etc and said I never normally do this as I know it's concidered stunting but I was so uncomfortable that I just did it without thinking. Sorry officer.
    The fine in Ontario is stunting....which is almost so bad it's time to move to another province! The ins. points issue is the problem not the money IMHO.

    You could always say there was a branch in the road and from your off road riding you know that standing lowers the centre of gravity and wieght distrubution so it was just a natural thing to do to not come off. Then ask the cop if he saw the branch or took a pic of it? It's now his word against yours? If you are polite and create some doubt, you just might get off....no pun intended. You could say if you had of had your cell on you you would have taken the pic yourself and but seeing as you didn't you hoped the cop did it for you.
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  14. BigToad

    BigToad The Bone Destroyer

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    Although I disagree with the law I doubt it's a reason to avoid BC unless your looking for an excuse. I have back issues and ride standing probably way more than most riders. I have never had an issue in BC or anywhere......perhaps one day I will.....but I will try to fight if I do here.
    #14
  15. Brunssd

    Brunssd Potemkin villager

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    I'd go with "I had a cramp in my leg" or some such. At least that's how I plan to plead when I get pinched - and it will happen because I stand up often, usually without even thinking about it. :eek1
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  16. willys

    willys Long timer

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    Just curious? How did the initial conversation go and what was your responce? Was it at all aggitated? I have been pissed off and it came back to bite me in the arse while standing in front of the judge. The cop wrote down word for word what I said and the judge wasn't impressed! I apologized and took my lumps and still managed to get the fee dropped down a bit but the full points were applied! It was explained that the courts don't appreciate their officers to be abused to to speak. I see that areswipe almost averytime I go to town as it seems......frig'in cop! I'm sure he's laughing at me as he passes me!
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  17. Steve G.

    Steve G. Long timer

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    Actually, I agree with the law. It was brought into enforcement to stop squids wheeling down the road. The problem is, it was not specified into different reasons for taking your rear off the saddle, so unfortunately encompasses everything.
    #17
  18. avdeeff

    avdeeff n00b

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    So to address some of the replies so far,

    The cop told me that if I am fatigued that I should pull over.

    Thanks for the link to the ICBC manual. I was trying to find that exact passage, but was looking in the "Tuning Up for Riders" manual.

    You don't want to see topless ladies from Lytton. Ugghhhhh.

    Was riding on smooth pavement.

    My encounter with the cop: he pulled me over just outside of town. He had seen me riding standing up in town, got in his vehicle, and tracked me down. When I saw his lights, I thought I must've sped up too fast as I was leaving town and he was pulling me over for speeding.

    When he told me he pulled me over for standing, I acted incredulous... because I was. I said sorry and that I had no idea. He told me that I should be reading the motor vehicle act and that it came into effect with the new helmet laws. Then he gave me a ticket and said I should be happy because he could impound my bike for a week if he wanted. He was quite the penis.

    So yeah, I broke the law. I did not know at the time, but ignorantia juris non excusat. The law is the law, but you think he could have exercised some lenience for a first time offense with a brand new law that came in under the radar. end rant
    #18
  19. RumRunner

    RumRunner Sit there, turn that

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    Good luck in your defense.

    At least you were not doing this...

    [​IMG]

    DW
    #19
  20. Cal

    Cal Long timer

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    This law is excatly why I like to do a lot of my trips in Mexico where standing on the pegs going the wrong way down a one way street is usually okay.
    #20