What Questions Do You Have Regarding Motorcycle Laws and Regulations?

[Artmageddon]

It seems like there are lots of questions posted regarding motorcycle laws and regulations, and our rights as a motorcyclist in Ohio. It also seems that there are quite a few discrepancies in the answers we receive, whether they be personal opinion or a misinterpretation.

I like to know actual facts when it comes to my rights. Therefore, I am going to try to put together a question and answer article about laws and regulations. My plan is to have a state trooper, a small town policeman and a lawyer that handles motorcycle cases answer our questions with what the law is, and their interpretation of it.

I need questions from everyone on the forum. No question is too dumb or too small, but please keep them clean and professional. I want serious, motorcycle related questions so we can be better informed as riders.

Questions about permits, licenses, plates, lights, what happens if I run, etc., is the type of stuff I'm looking for.

What I don't need:

• I'm doing this for all of us, if I get bunch of crap and smartass comments, I'm not going to bother.

• Questions about LEO habits or personal beliefs, i.e. why do you like donuts? Don't waste my time with stupid put-downs.

• Answers. This thread is not a q & a, nor a place for your interpretation of laws. I only want questions you have about actual motorcycle laws in Ohio.

I know there are LEO's on the forum, if you want to answer questions, please contact me and you can be one of the guys that do. I would like to keep everything organized, and if the thread is littered with answers, it will make it hard to put it in article form.

So let's hear what questions you might have, and see if can't get some correct answers. I'll probably leave the thread open for a week or two and then start putting them together. It may take a few weeks afterward for me to have everything together if you are looking for the article.

Thanks!

[Likwid]

I'd like to know when/where/how the determination is made about warnings.

So, when does an LEO not have a choice about giving a ticket. Thanks.

[RC51 John]

The motorcycle permit handbook has a special restriction "Not valid on congested roads and interstate highways." It specifically reads interstate not intrastate.

There is a difference. Also what about State Routes?

Due to the vagueness of the statement how are permit holders supposed to know what they should do?

[Jsvob03]

-- IF I ride with my faceshield up, can i be given a ticket for not having eye protection? ORC 4511.53 requires eye protection.

--As defined by ORC 4507.13, a Novice designation is set in place under certain instances for a time frame of one year, what are the limitations of one that is defined as a novice, as it pertains to MC riders?

--Going with the previous comment. What is the definition of a Congested Roadway?

--Can you be pulled over (obviously in a car/truck) for simply not wearing a seatbelt, or do you have to be pulled over for something else? ( I wear mine all the time, just curious)

-- I work for an auto service center. If I am test driving a vehicle with expired tags (or some other similar restriction, like the vehicle owner having a suspended license) and i am pulled over for that, what charges can be brought against me? my company?

Edited July 9, 2009 by Jsvob03

[Artmageddon]

Good questions, keep em coming.

[Aerik]

I'm curious about the actual law-enforcement policies on motorcycle exhausts? Anyone who knows more than one biker has heard more than three different "rules" about it (ie, "As long has he can stick the baton in there and it hits somethin', it's fine!"), but it'd be nice to hear what an actual officer thinks.

[Strictly Street]

  Quote

IF I ride with my faceshield up, can i be given a ticket for not having eye protection? ORC 4511.53 requires eye protection.

Are regular glasses "eye protection"?

To tired to look it up now but ORC 4511.53 conflicts with another statute regarding the definition of "safety glasses" and both are overly vague and ambiguous in their language.

  Quote

ORC 4511.53 says "No person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses or other protective eye device."

"The helmet, safety glasses, or other protective eye device shall conform with regulations prescribed and promulgated by the director of public safety. The provisions of this paragraph or a violation thereof shall not be used in the trial of any civil action."

(which could be found, where?)

So, whats the deal?

==================

Lane splitting. What is the truth on this little item?

  Quote

4511.28 Overtaking and passing upon the right of another vehicle.

(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless trolley only under the following conditions:

(1) When the vehicle or trackless trolley overtaken is making or about to make a left turn;

(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

(B) The driver of a vehicle or trackless trolley may overtake and pass another vehicle or trackless trolley only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.

==================

Hand signals instead of electric turn signals. Is one as legal as the other?

Meaning can I be ticket for not using the electric ones and instead using hand signals?

  Quote

4511.39 Turn and stop signals.

Any stop or turn signal required by this section shall be given either by means of the hand and arm, or by signal lights that clearly indicate to both approaching and following traffic intention to turn or move right or left, except that any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lights when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet, whether a single vehicle or a combination of vehicles.

==================

Foot down at stop signs. Why?

(I can balance the bike at a full stop, why the "foot rule")

==================

Great idea for a thread!!!

===================

  Quote

4511.84 Earphones or earplugs on operator prohibited.

(A) No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears. As used in this section, “earphones” means any headset, radio, tape player, or other similar device that provides the listener with radio programs, music, or other recorded information through a device attached to the head and that covers all or a portion of both ears. “Earphones” does not include speakers or other listening devices that are built into protective headgear.

(B) This section does not apply to:

(1) Any person wearing a hearing aid;

(2) Law enforcement personnel while on duty;

(3) Fire department personnel and emergency medical service personnel while on duty;

(4) Any person engaged in the operation of equipment for use in the maintenance or repair of any highway;

(5) Any person engaged in the operation of refuse collection equipment.

Does this mean that only built-in-helmet speakers are allowed? How about an I-pod with ear buds?

================

And my personal favorite;

Is a traffic light deemed to be broken because it does not register a motorcycle?

As in "I sat at the damned light for 20 minutes until a car came and triggered the light"!

Yea, about that ticket at 3am....

  Quote

4511.132 Operation at intersections with malfunctioning traffic control signal lights.

(A) The driver of a vehicle, streetcar, or trackless trolley who approaches an intersection where traffic is controlled by traffic control signals shall do all of the following, if the signal facing the driver either exhibits no colored lights or colored lighted arrows or exhibits a combination of such lights or arrows that fails to clearly indicate the assignment of right-of-way:

(1) Stop at a clearly marked stop line, but if none, stop before entering the crosswalk on the near side of the intersection, or, if none, stop before entering the intersection;

(2) Yield the right-of-way to all vehicles, streetcars, or trackless trolleys in the intersection or approaching on an intersecting road, if the vehicles, streetcars, or trackless trolleys will constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways;

(3) Exercise ordinary care while proceeding through the intersection.

Edited July 11, 2009 by Strictly Street
added stuff

[Strictly Street]

  Quote

what happens if I run, etc., is the type of stuff I'm looking for.

Nobody else has asked, so I will, what happens?

Assume they get away, then nothing I presume.

Or, they thought they were fast but, no, not really, then they pull over.

Or they are so fast they can't be caught, but somebody got a plate number.

Or they crash, but survive. Then what? (Never mind the alternative)

Nobody got a plate, all that is known is that it was a black bike, then a black bike is seen in the area, now what?

What if your on the second bike and have no idea what is going on, what should you do?

What if it isn't safe to pull over right there due to traffic, road conditions or other?

What if you think it might be a fake cop?

It has happened, particularly to women, what should they do?

Do people ever start to run, then stop after some real small distance then say they were just so startled by the flashing lights?

Does that happen?

  Quote

plates, lights,

What about lights for plates. Some bikes have no way to do this.

(I'm thinking sport bikes with no place to mount it) Then what?

Edited July 11, 2009 by Strictly Street

[Strictly Street]

Reaching back into past experiences.

Back in the day...

People actively disliked motorcycles and would sometimes try to run them down from behind. Bikes were usually fast enough to get away. But what legal remedy would I have in Ohio when stopped for speeding as I tried to save my life?

Keeping in mind that 1 cop can only stop 1 vehicle at a time, guess which one it was?

What about tailgaters six inches off my rear tire at 65mph with nowhere to go except faster?

Can I defend myself, legally, by throwing things at the car? Ball bearings, marbles, helmets, kitchen sink, atomic weapons...

Which leads to another question. Concealed carry on a bike. How does that one work?

What about non-concealed carry? As in riding the bike to the range. What is the law on that one? Come to think of it what is the law on open carry on a bike?

"Ignorance of the law is not an excuse, just an explanation" - Some TV western judge.

[hue jass]

Are there any laws that can help us when traffic grinds to a halt? I know we can't lane-split, but....

[phop5]

what is the actual regulation on plates and lighting of said item?

[Strictly Street]

  hue jass said:

Are there any laws that can help us when traffic grinds to a halt? I know we can't lane-split, but....

I'm not sure that is true. See my previous post on that.

Quoting the law itself seems like it is legal under certain circumstances.

Your scenario would be one of them, I think.

Also ORC 4511.70 prohibits people from opening doors to stop you from passing them.

I've asked for clarification on the lane splitting issue. As I read the laws I think it is legal, in certain situations. Being a squid at 80mph on 270 isn't one of them.

Course there could be a law I am un-aware of too.

[Scruit]

When bikes are riding in formation, can they run red lights to stay in formation (assuming the first bikes go through on green) like a funeral procession?

Saw a group of bikes last friday - at least 5 of them shamelessly ran the light after it turned red. Last two bikes stopped.

[Artmageddon]

Bump, I'll give this one more week, and then starting putting a questionnaire together to hopefully get some answers.

[Steve Butters]

+1 on lane splitting explanation...what speeds is it allowed? is it allowed?

[cmoosego]

I'd like to know the ins and outs of accent lighting what colors are allowed and where can they be placed, and extra lighting.... what is and isn't allowed....

[Artmageddon]

Okay, I'm almost ready to send this off to the officers I have lined up, just wanted to post this for proofreading and give everyone one more chance to add a questions or two. I know there are more that I have, but my mind is blank right now. Let me know. Thanks!

Equipment Regulations

What are the regulations on exhausts in regard to noise ordinance? Can a rider be ticketed if the exhaust does not have baffles?

What is the regulation on wearing earphones while riding? Is one ear legal? What if the headphones are in the ear pockets of the helmet and not actually covering the ears and are not a communication system?

Does a license plate need to be lighted? Does it have to oriented horizontally? Are there any other situations that an officer may pullover a rider due to a license plate infraction?

In regards to accent lighting, what is acceptable? Are there any colors that are not legal or any placement restrictions?

If I ride with my face shield up, can i be given a ticket for not having eye protection? Do normal eyeglasses constitute as eye protection? What if is in combination of face shield that may be raised?

Would a rider receive a ticket if the bike does not have the following:

Rear-view mirrors?

Turn signals?

Speedometer ?

Any other equipment?

Is there any type of grandfather clause that may exempt an older bike from any equipment violations?

License and Registation

In Ohio, it appears that are three levels of licensed motorcyclists:

1. Temporary permit

2.Endorsement with novice designation

3.Endorsement

A permit restricts a rider from carrying passengers, riding without a helmet, riding after dark, and riding on congested roadways? Besides an interstate highway, what constitutes a congested roadway? Is a state route considered congested? A busy four lane road?

What if a permitted rider is pulled over at dusk on their way home? Are there any other restrictions a permitted rider needs to be aware of?

It appears the only restriction that a novice rider has is they must wear a helmet for one year after their MC endorsement/ license is issued. There have been situations where officers have treated the novice status as a permit with all of its restrictions. How does a rider handle this situation besides going to court? Is there a proper way to inform the officer that it is a different designation?

What if after one year of having a MC endorsement a rider does not get the novice designation removed from their license, is pulled over, and the officer insists that they are still a novice and tickets for no helmet or treats it like a permit?

On some bikes, it is not easy to carry a registration. If a rider is pulled over and can provide proof of registration at the time of the incident, what is the penalty? Are they given a chance to show proof before they are cited? IF so, what is the time limit and procedure?

If a mechanic is testing a bike( or car) with an expired tag or the bike belongs to someone with a suspended license, can they be cited?

Rider Behavior

Often motorcyclists swerve and ride in various parts of the lane, whether it be to avoid obstacles or to stay alert. Is there ever a situation where a rider may be pulled over for such under suspicion of drunk driving?

If a motorcycle is stopped at a red light for an extended period of time, not activating it and, there is not traffic coming in any direction , is there a time when it is okay to go through the red light?

If a group of motorcycles are riding in formation, would a rider be stopped if the light changed while the last rider is not clear of it? What if the light had just changed to red, there is no oncoming traffic and the last rider just misses the light and passes through to stay in formation. Would they be cited?

Are hand signals as legal as electric signals? Can a rider be ticketed for using hand signals?

Is there any time or situation that lane splitting is allowed? i.e. if traffic is at a halt with no movement in sight.

If while being pulled over, a rider recognizes that it unsafe to pull over and continues on for a time until a safe place is recognized. Would they be cited for fleeing?

If a rider is speeding and makes the decision to flee at high speeds, will an officer pursue? There have been situations that officers have told speeding motorcyclist had they ran, the officer would not have bothered with them.

If a rider flees and is caught whether it be at the time of the incident or later due to a license number, what is the punishment? What if an accident is caused by the pursuit? What if they start to flee, realize their error and stop after a short distance?

If a motorcyclist is being tailgated, is it okay to exceed the speed limit for a short time to escape the vicinity of the tailgater?

Is there a penalty for defended one’s self from an aggressive four wheel vehicle? For example, what if a car was tailgating continuously, swerving at the motorcycle and not submitting when the rider attempted to pull over and le the driver pass. If say a marble or penny was tossed at the car, what would the penalty be?

What is the law concerning concealed carry on a motorcycle? What about a non-concealed or open carry, i.e carrying a weapon while on the way to a range?

LEO Behavior

Can a police officer take radar while his car is concealed and lights (light bar, parking lights and headlights) are off? Or does the officer at least need to make an attempt at visibility to not be considered entrapment?

Can an unmarked cruiser pull you over? If you do not pull over for an unmarked cruiser, what is the punishment? Is it prudent to go to a station or call the local police department to confirm that an officer is in an unmarked car and is asking you to pull over?

If in a high speed pursuit of a motorcyclist, would an LEO ever use spike strips to stop the rider? Would a road block ever be set up to stop the chase?

How does an officer determine to give a motorcyclist a warning? Is it their discretion? Is there ever a situation where an officer does not have a choice in giving someone a ticket?

[Strictly Street]

An impressive list.

Can't wait to see the answers.

[chachi1189]

I'm (im)patiently waiting for these answers, i'm very curious!

[WillZX6R]

4511.55 Operating bicycles and motorcycles on roadway.

(B) Persons riding bicycles or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles or motorcycles.

my two buddys and i were riding yesterday. (they only have permits) my one friend and i were side by side....he decided we were turning right w/out me knowing. he said "i turned on my signal and gestured " i saw neither. so as you can guess he turned right into me knocking himself down. after helping him get the bike up and off him, we decide to go ahead and call it in. the osp officer had to call his boss, and between the two of them they decided we both were at fault. myself for "riding to close" and him for "making an illigal turn" but neither of have been cited because they dont know what to do. so im waiting to hear from the lawyer that would reprisent the state against us to see who is at fault. if im legally riding abreast, how am i "riding to close"? i see this as total bs. at the time of the wreck, i was startled unsure if i were at fault, so it was my suggestion to turn it in to my insurence and fix his bike. im not really worried about my bike, i might turn it into a gocart this weekend anyhow. i just dont want to pay a ticket ive never had a wreck on my record and dont want one on it either.....help?

[Tomcat0403]

  Artmageddon said:

What is the law concerning concealed carry on a motorcycle? What about a non-concealed or open carry, i.e carrying a weapon while on the way to a range?

From what i know and what i have read the concealed carry law is the same as in a car, in this case it would have to be on you just as if you were walking down the street or in a closed bag (i.e. backpack). From what my concealed carry book says on open carry there are no laws regulating open carry in Ohio

Transporting in Motor Vehicles

The transportation of loaded, concealed handguns in motor vehicles

is permitted, but strict obligations are imposed by the law to protect

you and law enforcement. These obligations apply to drivers and

occupants. These obligations do not apply if you are storing a firearm

for any lawful purpose and it is not on your person or you are lawfully

storing or possessing a firearm in your home.

You may not have a loaded handgun in the vehicle if you are under the

influence of drugs or alcohol. If you have a concealed carry permit, you

may not transport a loaded, concealed handgun in a vehicle unless it is

carried in one of the following ways:

14

• The loaded handgun is in a holster secured on the person. Ohio law

previously required carrying firearms in a holster in plain sight. The

“plain sight” provision has been removed from the law.

• The loaded handgun is in a closed case, bag, box, or other

container that is in plain sight and that has a lid, a cover, or a closing

mechanism with a zipper, snap, or buckle, which lid, cover or

closing mechanism must be opened for a person to gain access to

the handgun, or

• The loaded handgun is securely encased by being stored in a closed,

glove compartment or console, or in a case that is locked.

Motorcycles fall under the definition of motor vehicles. Thus, the same

requirements apply to licensees who carry a handgun while on a

motorcycle.

Open Carry

Ohio’s concealed carry laws do not regulate “open” carry of firearms.

If you openly carry, use caution. The open carry of firearms is a legal

activity in Ohio.

[Steve Butters]

anything yet?

[Artmageddon]

  tbutera2112 said:

anything yet?

Sorry, when I started this, i had a lot of free time, since then I've been working around the clock, at least 80 hours a week, and I'm leaving for 10 days Friday. When I get back, it's high on my priority list to finish it up.

[chevysoldier]

Great Idea to do this. Can't wait to see what you come back with.

[DangBruhY]

Great idea, but what you forget is that different cities have different laws.

For instance in Beavercreek, they have a noise ordinance, but the other cities around that area don't. If everything were the same through all departments, then they wouldn't have city ordinances.