Legal to stand up while riding?

Discussion in 'The Perfect Line and Other Riding Myths' started by niceviewbehindbars, May 27, 2010.

  1. niceviewbehindbars

    niceviewbehindbars out enjoying the vu

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    :rofl
    #41
  2. kdxkawboy

    kdxkawboy Mr. NVKLRGirl

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    Nevada makes it simple -
    NRS 486.191 Driver’s position while operating.​
    1. A person driving a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto.
    2. A person shall not drive a motorcycle or moped with the seat for the driver so positioned that the driver, when sitting astride the seat with the motorcycle or moped in a stopped and upright position, cannot reach the ground with both feet simultaneously.


    However, talking to my friends in the Reno Blue Knights, they say that while you can run into a LEO that is so anal retentive they try to strictly enforce the wording the intent of that statute is to state you can't ride sitting on a fender, gastank, handlebars or a naked frame. They don't see how standing violates the intent of the law.
    #42
  3. KnuckC

    KnuckC F8er

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    Illegal in British Columbia Canada.

    Motorcycle Vehicle Act:

    #43
  4. triplenickel

    triplenickel Long timer

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    No problems yet and I stand everywhere when I'm under 100km/h.
    #44
  5. KnuckC

    KnuckC F8er

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    Me too. Hopefully we won't run into an over-eager cop.
    #45
  6. triplenickel

    triplenickel Long timer

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    .

    10 4 ghost rider, I'm still playing dumb though.
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  7. flars

    flars Been here awhile

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    Florida just passed a law aimed at squids/hooligans, or whatever you want to call them. There are three provisions to the law, but I can only remember two: it is illegal to stand up off the seat, and; it is illegal to have the tag in any position other than the original factory position and orientation. The fine is rather stout - $1000.00 for the first offense, with increasing fines and license suspensions for late offenses.
    Obviously, no one expects these new laws to be used except against all the a**holes who love to stunt on city streets (like all the guys who congregate down south of Lake Okeechobee and run street drags), but who knows when somebody decides to get a little extra dough for his little town.
    #47
  8. drdphi

    drdphi Adventurer

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    I read the rest of the posts and I can't see any reason that it would be illegal to stand on the pegs if you're not being reckless. I, however, was just pulled over and issued a summons in VA for just that. I was on my way home from work (about a 10 min drive), it was a bit hot so I was standing up on my pegs to get some more airflow traveling about 45mph with very little traffic. I saw the police car but didn't think anything about it. Sure enough he pulled me over and cited me law section 82-1-6146.2-905 Riding Improperly in the Roadway. I still don't agree with this citation and I hope I have some recourse so if anyone is able to offer advice it would be much appreciated.
    #48
  9. Plaka

    Plaka Brevis illi vita est

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    Go to court, tell it to the judge, have an MSF instructor to back you up. Unless the law is VERY specific about what "improper" is then it's one of those judgment calls on the part of the officer. If she/he is simply ignorant (and looking to get his quota) he could be acting reasonably enough. So you will have to demonstrate to the judge that that particular manueveer, at that speed, in those traffic and weather conditions, was NOT "improper". Testimony (or multiple depositions at least) from authoritative sources and experts (including maybe some motorcycle cops and instructors) will help your case.

    Little things like the bit on the state driver exam (in the handbook you study) about standing up to ride over obstacles in the roadway might be cited. (have the handbook). Ditto books like "Proficient Motorcycling". Have the pages marked and relevant passages underlined.

    When you show up in court have your experts and all your references with you ready for a "trial to the court". Then plead not guilty and mention you're are prepared to present your case immediately if desired. If there is a prosecutor involved (their may not be in some traffic cases) talk to them before hand and tell them what you got. They may be willing to drop it if they see an obvious lose.
    #49
  10. niceviewbehindbars

    niceviewbehindbars out enjoying the vu

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    Let us know what the outcome is. Where in VA do you live? State or county cop? I still continue to stand a lot and have passed cops several times. But now i'm thinking twice.

    Check that law section again. This is what § 46.2-905 says:
    http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-905

    Obviously none of which apply to you.

    However § 46.2-909 does kind of say your supposed to stay seated.
    http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-909
    #50
  11. Plaka

    Plaka Brevis illi vita est

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    If the cop says you violated such and such a statute but they picked the wrong statute and it doesn't apply to you, they lose. Simple. You are not guilty of anything cited in the law you are charged with violating---unless it was really a speed isssue. Read the ticket carefully..
    #51
  12. drdphi

    drdphi Adventurer

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    Totally not a speed issue. I saw the cop and checked my speed so I know I was going exactly the speed limit. You're right though, the law he cited me for is technically titled "Riding Bicycle Improperly on a Roadway." I just looked up the law section so I guess if he cited me for improperly riding a bicycle all I will need to prove is that I wasn't riding a bicycle and the charge is no longer valid, right?
    Thanks for the quick feedback. I was cited by a Fairfax County cop.
    #52
  13. niceviewbehindbars

    niceviewbehindbars out enjoying the vu

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    You need to call up there and tell them what you were cited for is incorrect. There is already proof you weren't on a pedal bike, they have a vehicle listed on the summons. They might drop it right there.

    Rookie cop...:nod
    #53
  14. PupChow

    PupChow Adventurer

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    Actually, the way these laws are worded is very useful. If a law is clearly written, then the LEO must enforce it with no accounting for the circumstances. With a loose law, the LEO is able to cite a legal issue when it is necessary - in otherwords, "if you're not a asshat with an attitude, you can get away with a lot of stuff" - words from my B-I-L, FFX county cop.
    #54
  15. Plaka

    Plaka Brevis illi vita est

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    Be very careful and follow the citations at the bottom. You will see it includes motorcycles. it calls them motor driven cycles, a term undefined (and unused) elsewhere, but if you read the definition of motorcycle, it';s everything on two or three wheels that isn't a moped, bicycle, assisted bicycle, dah da dah.

    However the statute says nothing about standing up or sitting down. It's all about lane positioning. Wrong statute on those grounds. it fails to present the behavior you have been accused of, much less declaring that behavior to be a violation.

    But if the ticket is small enough that they know you won't get a lawyer, then they may just railroad you and keep the fines just cheaper than a lawyer so they get the $$$.

    So go in fully prepared just as if the law cited was thee correct one and you are going to win anyway. Then they know they have a stink on their hands no matter how they play it.
    #55
  16. muddbutt

    muddbutt Pork Chop Expert

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    What an asshole- and I say that not because of the stupid stunt he was pulling, but because after he lost it - he isn't even looking to see where his 700lb bike is heading. That thing could have really injured someone. It certainly damaged someone's car.

    It probably totalled his bike.. yeah for that. :clap
    #56
  17. xlcr

    xlcr Stop being a dick, dick.

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  18. haithabu

    haithabu Been here awhile

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    After half a day on the slab I will stand on the pegs for 30 seconds at a time to get some relief. Works for me. I don't do it in traffic though, nor would I in front of a cop. Discretion works both ways.
    #58
  19. Ceri JC

    Ceri JC UK GSer

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    I've done it in view of cops a few times, never had a problem. If I did, I'd pull over, be polite and calmly explain why I was stood up on pegs and why it was safe to do so. I'd do it in a way that wasn't patronising/that didn't make the cop look like an ignoramus, particularly if they were a bike cop (they hate bikers who think they know more about bikes than they do). Unless the cop was an absolute ***t, at worst, I'd envisage a, "don't do it again". If I was unlucky and got an imbecile LEO, I would happily go to court over it and fight it every step of the way. I would pay for a professional riding instructor to come along to court with me as an expert witness and testify:

    -My bike has been modified to make it more comfortable/easier/safer to ride whilst standing.
    -I wasn't "stunting" or showing off: the motivation for standing was safety.
    -Being stood gives you more control of the bike and better visibility both to and of other vehicles.
    -The potholes/road surface on the road concerned made it dangerous to ride sat down.
    #59
  20. Flatulator

    Flatulator Banned

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    I didn't read any of the replies ... but here are what I consider some pretty good reasons for standing ... (esp on a DS bike - where the riding position is very much suitable for standing)

    butt relief

    back relief

    airin' out my junk

    to see much farther around/over other stuff
    #60