NEW YORK LEGISLATION UPDATES:Helmet, Motorcycle, Gang, Rights: no updates

OFF THE WIRE
New York News

New York Motorcycle & Scooter Task Force- http://www.nymstf.org/News.asp
July 16 2010
Yet more improper tickets, now equipment related.

Noticing a trend here? We have been informed of many tickets being
issued in NYC for Violation Code 71, "Inspection Sticker Missing", when
the sticker is present and current but not located on the lower section
of the motorcycle's fork leg. If you received such a summons in NY,
your rights have been violated.

NYS Vehicle & Traffic Law § 306 (b) states: "No motor vehicle shall be
operated or parked on the public highways of this state unless a
certificate or certificates of inspection, as required by this article,
is or are displayed upon the vehicle or affixed to the registration
certificate for the vehicle as may be determined by the commissioner."
The Commissioner in NYCRR § 79.20 (c) (6) (i) (g) which governs the
application of inspection certificates to motorcycles instructs: "affix
the motorcycle inspection certificate to a permanent structural member
on the left front side of the motorcycle visible when approaching the
vehicle from the operator's left." The regulation used to require
placement on the left lower fork leg but that was amended back in 2003.

Document and fight those summonses, complain by certified mail to the
NYC Department of Finance and the NYPD Traffic Control Division, and
submit your complaint to the NYC Civilian Complaint Review Board as
well. The CCRB conveniently accepts complaints by mail, phone and web.

We're not done yet. We were recently shown this document called "Taking
the Mystery Out of Motorcycle Enforcement" (PDF, 2MB)
http://www.nymstf.org/NYS_MC_Training_2010.pdf
which was published by the New York State Police. In that document
NYCRR Section 54.11 (Eye Protection) is mis-quoted, and the document
insists that compliant eyewear "will have “Z87” on the frames and
lenses." This is in direct conflict with ANSI Z87-1989 which only
requires a manufacturer's logo on the lenses, and still in direct
conflict with ANSI Z87-2003 which requires the Z87 marking on lenses of
goggles and face shields but not on the lenses of spectacles. Since
neither version of the Z87 spec requires markings indicating the version
(year) of compliance, law enforcement cannot rely on lens markings of
eyewear of any kind, for determining ANSI Z87 compliance.

The abovementioned document also includes a letter from the NYS DMV's
Technical Services Bureau stating that the inspection stickers may be
affixed to plates bolted to the front left side of a motorcycle.
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www.saratogian.com/articles/2010/07/13/news/doc4c3cb2f147ed7190792851.tx
t

Police: Majority of tickets in Saratoga Springs motorcycle crackdown
issued for unsafe helmets
Published: Tuesday, July 13, 2010

By EMILY DONOHUE
The Saratogian

SARATOGA SPRINGS — Safety was on the minds of city and state police
officers as they conducted a motorcycle checkpoint in front of Congress
Park on Broadway last week.

The five-hour checkpoint on Friday resulted in 27 traffic tickets being
issued, most for illegal helmets, state police said Tuesday.

State Police Sgt. Dan Larkin said that for years, as deaths from car
crashes steadily decreased, fatal motorcycle crashes were on the
increase.

Larkin said that disturbing trend can be attributed to unsafe helmets
and driver inexperience.

Head injuries are the leading cause of death in motorcycle crashes and
motorcyclists are 37 times more likely to die in a crash than people in
cars.

Motorcyclists must wear helmets rated by the state as “highway safe,”
though Larkin said recent years have seen a proliferation of so-called
“novelty helmets” that are little more than a piece of plastic and offer
no real protection.

“Given that (motorcyclists’) fatal stats are off the chart, we felt we
were certainly justified in doing this. We need to focus on their safety
and we’re doing this for their safety,” Larkin said.

Tickets were also issued for unsafe lighting and tires as well as
illegal exhaust systems. Any exhaust system that is louder than the
original equipment is illegal.