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Old 11-18-2012, 09:55 PM   #1
sungyangchen
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Foldable factory equipped license plate holder

Greetings,
I was enjoying my Sunday afternoon ride down here in Miami FL today. Next thing you know I saw blue and red lights flashing from my rear view mirrors. The cop approached my bike and started folding the license plate and rudely asked me "who installed this, this is illegal". I tried to explain it is standard factory equipment from HD but he didn't want to hear about it. He issued me a citation which requires me to show up in court. Has anyone experienced this? I am still stunned several hours later. I don't understand why the cop gave me a hard time over something so ridiculous and if it is indeed illegal how can HD sell tons of bikes with the same set up?
Do I stand a chance in court? Need some advise.

Thank you in advance.

2011 v rod muscle.
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Old 11-18-2012, 10:16 PM   #2
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Old 11-18-2012, 10:54 PM   #3
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Of course you stand a chance bro its factory!!! F the police

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Old 11-19-2012, 06:16 AM   #4
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Fuccin Starsky & Hutch on patrol.........bring em the HD brochure into the cop shop........save goin to court......


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Old 11-19-2012, 06:43 AM   #5
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That's ridiculous. But I got my DL taken away and $120 ticket when I lost one of the bolts holding the license plate making it hanging loose and crooked on my Buell... Took picture, fixed it, took another one, went to court and showed it to judge. Case thrown out and the cop felt like an idiot.

Like Big Tony says take sales brochure or your owner manual and show
It to judge. Case thrown out guarantee. Good luck.


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Old 11-19-2012, 06:44 AM   #6
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If you bought the bike from a Miami dealer then I would talk with them first. Bring in a copy of your citation. They may be willing to call the local cop shop and straighten this out for you.

If you did not buy the bike in Florida then I would call the cop shop of the issuing officer and ask to speak with a police supervisor. You can then tell the supervisor that the bike is equipped from the factory with the folding side plate and ask how you can make this right understanding that Florida license laws are complicated.

I do not recommend getting pissy, in this case. FL laws are unique when it comes to license display and if you end up in court it is ~$1,000 fine.

You can also call H-D corporate and let them know that you were ticketed on a bike that they sold you with out modification.
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Old 11-19-2012, 08:17 AM   #7
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A lot of states are like this, SC it is illegal to have your tag anywhere other than directly under the rear fender. Only Barney Fife would enforce it. Thought ab changing it but I like it
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Old 11-19-2012, 12:36 PM   #8
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Before riding off, make sure the plate is not folded inward.....or you'll get stopped.
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Old 11-19-2012, 03:45 PM   #9
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I could be wrong, but I believe Florida allows for the plate to be on the side of the bike facing back and horizontally. It has to be permanent affixed to the bike, not able to fold away. Nevertheless, its a F....up ticket. Obviously, the cop is a bike hater. Thank God most cops in South Florida don't mess with bikes, cause many of them have one. I'd still take it to court, and just like it was mentioned here, with a copy of a brochure showing the bike and the side mount plate.
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Old 11-19-2012, 04:34 PM   #10
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Crap, I didn't know hd were making one already ! I was discussing the making of the plate that would automatically fold at 100 mph via some springs and a magnet with some friends for a couple of weeks now and were getting ready to post here for advice..
Oh well, maybe u can post a pick or a part number then?
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Old 11-19-2012, 06:57 PM   #11
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You guys are making me feel lucky. Both of my bikes have the fold back plate holder and I ride with it folded back 100% of the time so I can't be photo radar snapped, even disconnected the plate lamp. I've had cops driving right behind me not do a thing about it. I always thought I had it tough in Maryland but maybe not!
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Old 11-20-2012, 08:41 AM   #12
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What SPECIFIC STATUTE did he write on the citation?

Florida statues were changed in '11 - to accommodate plates hung vertically from bikes.

Specifically - the tag has to be mounted so that it reads from TOP TO BOTTOM - and the vehicle MUST HAVE A SUNPASS.

Ostensibly - the law is to prevent folks with "hidden tags" from evading the cameras in the SunPass lanes. In reality - the issue is the Ricers with "flip up tags" - that do a "flip up" when doing "illegal shit" - like wheelies/stoppies/etc. and/or are being pursued by LEO's.

I keep a SunPass transponder, and a COPY OF THE STATUTE (with the relevant portion HIGHLIGHTED) in my tank bag.

Florida Statute 315.2085(3)
(3) The license tag of a motorcycle or moped must be permanently affixed to the vehicle and remain clearly visible from the rear at all times. Any deliberate act to conceal or obscure the legibility of the license tag of a motorcycle is prohibited. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground. Notwithstanding the authorization to affix the license tag of a motorcycle or moped perpendicularly to the ground, the owner or operator of a motorcycle or moped shall pay any required toll pursuant to s. 316.1001 by whatever means available.

I've been stopped ONCE for this - but in reality - it was just a "pretense" for a "driving while white, in a black neighborhood" (I think that's called REVERSE DISCRIMINATION). Showed them the statute - and told them "that's not REALLY why you stopped me - now is it?". Cop seemed to be unaware that the law had changed (sideways tags WERE ILLEGAL for a year or two until the statute got changed).

I ride a DX, with an F tag mount on it. If you ride and F, and the bike CAME THAT WAY from the factory - you have a better case.

But in reality - this is NOT ILLEGAL. The law was also reworded (since my copy was printed) to remove the obligation to have a toll-pass device onboard.

A little history of this statute:

http://www.sinclairlaw.com/go/news.release/id/47

Rick
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Old 11-20-2012, 01:37 PM   #13
sungyangchen
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Quote:
Originally Posted by SickRick View Post
What SPECIFIC STATUTE did he write on the citation?

Florida statues were changed in '11 - to accommodate plates hung vertically from bikes.

Specifically - the tag has to be mounted so that it reads from TOP TO BOTTOM - and the vehicle MUST HAVE A SUNPASS.

Ostensibly - the law is to prevent folks with "hidden tags" from evading the cameras in the SunPass lanes. In reality - the issue is the Ricers with "flip up tags" - that do a "flip up" when doing "illegal shit" - like wheelies/stoppies/etc. and/or are being pursued by LEO's.

I keep a SunPass transponder, and a COPY OF THE STATUTE (with the relevant portion HIGHLIGHTED) in my tank bag.

Florida Statute 315.2085(3)
(3) The license tag of a motorcycle or moped must be permanently affixed to the vehicle and remain clearly visible from the rear at all times. Any deliberate act to conceal or obscure the legibility of the license tag of a motorcycle is prohibited. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground. Notwithstanding the authorization to affix the license tag of a motorcycle or moped perpendicularly to the ground, the owner or operator of a motorcycle or moped shall pay any required toll pursuant to s. 316.1001 by whatever means available.

I've been stopped ONCE for this - but in reality - it was just a "pretense" for a "driving while white, in a black neighborhood" (I think that's called REVERSE DISCRIMINATION). Showed them the statute - and told them "that's not REALLY why you stopped me - now is it?". Cop seemed to be unaware that the law had changed (sideways tags WERE ILLEGAL for a year or two until the statute got changed).

I ride a DX, with an F tag mount on it. If you ride and F, and the bike CAME THAT WAY from the factory - you have a better case.

But in reality - this is NOT ILLEGAL. The law was also reworded (since my copy was printed) to remove the obligation to have a toll-pass device onboard.

A little history of this statute:

http://www.sinclairlaw.com/go/news.release/id/47

Rick
I was cited for 316.2085(3)
Based on the feedback from this forum and my post in hdforums.com it is indeed illegal. I am planning to modify the bracket so it cannot be folded and present documentation showing it's a standard equipment and hopefully the judge will show some empathy and dismiss the case.
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Old 11-20-2012, 06:51 PM   #14
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IMVHO - you said the plate was not folded to the side when you were pulled over. Since the cop witnessed no law being broken, he had no reason to stop you in the first place. What's he going to tell the judge? "I just wanted to play with his license plate bracket." (Like everyone else, they can't pull you over just because they feel like it, are having a shitty day, don't like people on motorcycles, don't like your haircut, or the color of your skin, or whatever his problem was.) They have to WITNESS you breaking a law or at least have a very good reason to believe that you broke a law or would do so. So as long as your plate was correct (registration current, etc.) and the plate illumination bulb was functional, you had no reason to be pulled over, much less ticketed.

The ticket will be tossed when you get in front of a judge.
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Old 11-21-2012, 02:07 AM   #15
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Yeah, don't loose faith, u didn't do nothin wrong, unlike some over here ..

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