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Old 04-12-2013, 04:08 AM   #31
Ridemuch
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One of the Northern Ontario riders posted last year that he had been stop by an OPP female officer for standing on his pegs. When she asked him about it he answered he was "adjusting". Her face turn red got back in the car and drove away.
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Old 04-12-2013, 07:48 AM   #32
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tell em your ear buds were in while listening to the radio when the national anthem started...Stompin Toms hockey song...ya gotta stand up when that song comes on.....
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Old 04-12-2013, 05:39 PM   #33
RevyRider
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Standing

When I am on longer rides, my legs and arse muscles get cramped, my immediate relief is to stand up and strech out my legs. I look forward to a speed zones, where one slows done through a urban area, ..I take advantage of thses zones to stretch my legs. A few repititions of lifting up and standing refreshs and invigorates my muscles and I can keep going for the long day's ride.

It is unfortunate that the real intention of this standing infraction "law", is being misused by some Enforcement Officers in order to harrass or raise their overall ticket revenues.

Streching your legs by standing, and/or standing to be in a better control position are normal activities to many riders.

Perhaps what we need is less regulations/restrictions, and less enforcement personnel. On the flipside, people need to take responsibility for their own actions.

I dreed the day that I will be pinched for standing on my pegs, ..perhaps I should install floorboards???
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Old 04-12-2013, 08:39 PM   #34
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I guess I shouldn't ride no hands while I adjust my gloves, either.
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Old 04-12-2013, 08:44 PM   #35
Mike Ryder
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And maybe nod at each other as we pass. Control is paramount.
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Old 04-12-2013, 10:36 PM   #36
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Contact Adele at BCCOM, at one point they were looking for a test case to fight this law. It sounds like you may be the perfect fit for the test case.
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Old 04-13-2013, 09:01 PM   #37
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Not to be overlooked is the actual legislation as it is written in the BC MVA. Section 194 (1) contains elements that need to be proven, established or otherwise brought into evidence in order to support a conviction. Elements can be one word or a series of words such as "operate a motorcycle" and "on a highway". Thus, it would be necessary for the officer to say under oath that you were "not seated astride the seat" and not merely that you were standing on the footrest(s). It is also important and I would suggest that you request a full disclosure of the Crown evidence at the first opportunity. This is so you can make an informed decision on the matter of your defence.

Motorcycles

194 (1) A person must not operate a motorcycle on a highway unless seated astride the driver's seat of the motorcycle.
(2) A person, other than the operator, must not ride on a motorcycle on a highway unless
(a) the motorcycle is designed and equipped to carry more than one person,
(b) the other person rides
(i) astride the permanent and regular seat if designed for 2 persons, behind the operator,
(ii) astride another seat firmly attached to the motorcycle behind the seat occupied by the operator, or
(iii) on or in another seat firmly attached to one side of the motorcycle, and
(c) in the case of paragraph (b) (i) or (ii), the other person has both of his or her feet positioned on the foot pegs or floorboards of the motorcycle.

RHSwimmer screwed with this post 04-13-2013 at 09:11 PM
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Old 04-16-2013, 04:11 PM   #38
dwayne
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Quote:
Originally Posted by RHSwimmer View Post
Not to be overlooked is the actual legislation as it is written in the BC MVA. Section 194 (1) contains elements that need to be proven, established or otherwise brought into evidence in order to support a conviction. Elements can be one word or a series of words such as "operate a motorcycle" and "on a highway". Thus, it would be necessary for the officer to say under oath that you were "not seated astride the seat" and not merely that you were standing on the footrest(s). It is also important and I would suggest that you request a full disclosure of the Crown evidence at the first opportunity. This is so you can make an informed decision on the matter of your defence.

Motorcycles

194 (1) A person must not operate a motorcycle on a highway unless seated astride the driver's seat of the motorcycle.
(2) A person, other than the operator, must not ride on a motorcycle on a highway unless
(a) the motorcycle is designed and equipped to carry more than one person,
(b) the other person rides
(i) astride the permanent and regular seat if designed for 2 persons, behind the operator,
(ii) astride another seat firmly attached to the motorcycle behind the seat occupied by the operator, or
(iii) on or in another seat firmly attached to one side of the motorcycle, and
(c) in the case of paragraph (b) (i) or (ii), the other person has both of his or her feet positioned on the foot pegs or floorboards of the motorcycle.
It's always good to go back to the legislation.

Having said that if the OP was standing on the pegs, he was clearly not "seated astride". I wouldn't pin a lot of hope on a judge being sympathetic to that kid of logic wrangling, besides all it would take it the crown to redirect the officer to clarify the statement. If you wonder if you were "operating" or if you were indeed on a 'highway" every act and reg has a set of definitions in the beginning.

As stupid as I think the law is, one thing to keep in mind is that you cannot use your rear view mirrors when standing (and you are required to have functioning mirrors...which means useable).

Unfortunately form a legal perspective (as opposed to a common sense perspective) this is a pretty open/shut case, but you may have luck with the officer not appearing, or the judge being lenient. You can always contact the crown attorney and try to come to some sort of agreement so they don't have to bother taking up time in court with such a piss ant ticket.

Someone needs to design a seat that automatically raises and lowers when weight is reduced or added.
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Old 04-16-2013, 06:33 PM   #39
WildAnCrazymtl
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In Quebec we have the same law.

I read here the police officer must be present in court... Not here, this has changed, it cost too much in overtime. The defendant must request the officer presence ahead of time. It could be the same for you in BC.

I read here get the officers notes. Good advice, it probably won't be his notes but the ticket backing and video evidence if any. If the officer is not there this is what the prosecuter will read to the judge. If the officer is there he will probably do the same. Then it will be your turn to present your defence.

For this I would request the police training manual for motorcycle cops in your jurisdiction, if not use the RCMP'S or better yet both. This is availible under the freedom of information act. Read it over and see when they state the officer should leave his seat. See if that works to your advantage.

For court, dress in appropriatly. Never speak out of turn or raise your voice. Don't lie there may be video evidence.

My advice would be using the information the officer wrote on the ticket backing, the saftey course recieved by M/C cops. If you don't find much, then mention that the spirit of the law is to discourage/prevent exibition driving. You were not exibition driving... Then mention that the spirit of the law would never intend to keep you staped to your seat with a leg cramp and the boys out of place!

GOOD LUCK !
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Old 04-18-2013, 07:05 AM   #40
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Quote:
Originally Posted by avdeeff View Post
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.
You had a cramp in your leg that needed to be stretched out.

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http://www.examiner.com/article/stan...s-a-good-thing

Quote:
The question came up around the dinner table recently about what a non-rider observer thinks is happening when a motorcyclist stands on the pegs while riding through an intersection.

Even though that was the only unusual feature in this rider’s behavior, observers were nonetheless convinced that what the rider was doing was dangerous, and probably constituted “stunting.”

Actually, that’s far from true.

Jim Davis and I have found ourselves riding for dozens of miles at highway speeds while standing on our pegs. In our case, the usual reason for doing that has been that we were a long way from a place to pull off the road when the sky opened up, and it began to rain on us - hard. It was almost impossible to see clearly through raindrops on a windscreen and helmet visor, but with frigid air coming down on us fast, we needed to continue to ride until we could find shelter. Standing up improved our ability to see the road, along with opening the visor to remove at least one layer of distortion. (Yeah, you do get rain in your face -- but unlike your windscreen, your eyes have built-in "wipers".)

Most riders will find that standing briefly on their pegs is helpful when crossing a railroad track, so as not to get “slapped” by the various jolts as the rear tire moves across the rails. It’s also well known that standing on your pegs while negotiating difficult pavement (or dirt) at slow speeds can aid in your control of the bike. It’s far easier to move a bike to one side or the other without having to move yourself with it.

There’s one other time a rider might consider standing on his pegs while moving, even at highway speeds. Again this involves visibility, but here it’s to make you more visible to others. Suppose, for example, that you are riding down a two-lane road that's marked with a line between traffic moving in opposite directions. You notice a commercial area to your right. What are the odds that an oncoming car might decide to turn left across your path to enter that area?

It depends on whether the driver of that oncoming vehicle notices you.

The BEST behavior in that condition is to slow down in anticipation that you might have to stop or dodge a left-turner (with a cell phone glued to his ear). But that isn’t the only thing that you can do to increase your odds out there.

You can make yourself more visible. By law, you’re required to have your headlights on, and you can wear light colored clothes with reflective patches. You can also turn on a headlight modulator or flash your brights on and off. (That last idea isn’t so good, because it might be interpreted as your signal giving the other driver 'permission' to encroach on your right of way). You can also gently swerve from side to side within your lane.

Or you can stand on your pegs! That certainly makes you more visible to others. It need not destabilize the bike, and it cannot be misinterpreted as a signal giving away your rights.

With all the various styles and designs of motorcycles out there, some bikes, especially cruisers, have forward controls, making it very difficult to stand on the pegs for any length of time. My bike is a cruiser, but I have a backrest on my Corbin saddle; and on other bikes where I had none, I usually had luggage strapped to the pillion. With forward controls, it takes a lot of athleticism (more than I have) to keep pulling hard on the grips in order to stand without some support for your rear.

Some riders may find it possible to take a position where the rider is straddling the tank close to the triple tree (in order to be on those forward pegs), but this may mean that steering is compromised. On other bikes, with the pegs farther to the rear, the rider may look more like a jockey than a biker while he's standing, leaned far over the tank with his rear in the sky and head and hands forward.

Most riders in the South have mastered one trick that works well if they can stand up for a few seconds, at least: the breeze that blows through is magnificently refreshing!

If you want practice how to stand up and ride on your own motorcycle, it's probably easiest to do this the first few times while it isn't moving, and preferably with the bike on its centerstand. Once you know what position will be required, if you have to do it while riding, you'll be able to get into it quickly and with confidence.

Standing on the pegs may be misinterpreted by observers as stunting, but so long as it works to keep you safer out there, those observers are not going to have a chance to state an opinion about an accident that never happened to you.

For more safe riding ideas, visit Motorcycle Tips and Techniques, at www.msgroup.org. Send email to Cash @ msgroup.org.
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Old 04-18-2013, 09:02 AM   #41
RHSwimmer
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Quote:
Originally Posted by dwayne View Post

Having said that if the OP was standing on the pegs, he was clearly not "seated astride". I wouldn't pin a lot of hope on a judge being sympathetic to that kid of logic wrangling, besides all it would take it the crown to redirect the officer to clarify the statement. If you wonder if you were "operating" or if you were indeed on a 'highway" every act and reg has a set of definitions in the beginning.
Many traffic courts in BC do not have Crowns to prosecute cases, it is just the officer in a tribunal setting. In that case a redirect may not happen unless the justice directs a question to the officer after presenting evidence in chief and cross examination. Provincial offences such as the MVA don't offer the justice much logic leeway, either the elements of the offence are presented or they are not. An astute defence council will recognize discrepancies in evidence, a lay person may not. Many justices will assist the unrepresented but well prepared defendant.
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Old 04-22-2013, 07:25 PM   #42
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maybe try to get a ride in with PR to show what a dumbass law it is? might of had good intentions but ...

its probably a cut and paste law from others
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Old 04-22-2013, 07:28 PM   #43
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if you were decent and the cop was on a power-male-enhancement-trip requesting video may show what an asshole the cop was. impounding for standing is total misuse of power, unless other stuff was going on .
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Old 04-22-2013, 07:47 PM   #44
Yukoner2
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Standing up

Depending on the bike, some of the seats out there are not meant to be sat on all day, they are so uncomfortable after 1/2 hour or so that the manufacturer should show up in court with you and bring a sample for the judge to sit on for his/her 5-6 hour shift at work.
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