March 04, 2009

Vertical tag law costs unsuspecting biker

By FRANK FERNANDEZ
Staff Writer
Antonio Gonzales rode his customized Harley-Davidson from New Mexico to Bike Week, and then his wallet got a painful welcome from a Flagler Beach police officer -- a $1,151 citation for having his bike's license plate mounted vertically on a saddle bag.

"I rode all the way out here and all I have is 700 bucks," Gonzales said. "Then I get a $1,151 ticket."

Many bikers who ride customized motorcycles mount their plates vertically. ABATE, a motorcyclists advocacy group, was shocked by the new state law that took effect in the summer, said Mike Price, state legislative director for ABATE of Florida.

Price said the problem was "a very poorly written law" meant to target riders who intentionally conceal their plates, including using devices to flip the plates up out of sight. But instead it also snares people who simply mount the plates vertically, Price said.

He said ABATE has contacted the law's originators, Rep. Carlos Lopez-Cantera, a Republican from Miami, and Sen. Rudy Garcia, a Republican from Hialeah.

"Of course, they realized the error in the wording of the new law and it is our understanding that this law will be corrected during this next legislative session," Price said.

Lopez-Cantera and Garcia could not be reached Tuesday, the opening day of the session.


Price recommends that motorcyclists take the issue to court and ask to be fined under an already existing law against vertical plates, which calls for only about a $60 fine.

The Volusia County Sheriff's Office is only issuing $91 fines for improper display of vertical plates, spokesman Brandon Haught said. He said deputies understand the $1,151 fine has to do more with concealment than improper display.

Daytona Beach police have written three or four of the $1,151 citations, a spokesman said.

Flagler Beach Police Chief Dan Cody said he thought the fine was excessive, but he added his department has cited three or four bikers with the big fine.

"Myself, I'd suggest to all these people to go to court and let the judge decide," Cody said. "To me, it's ridiculous."

frank.fernandez@news-jrnl.com

 

While I think the fine is extreamly excessive, The law does have a reason behind it. It's hard enough for someone to read a tag number on a bike when it's mounted properly. I also believe that the law applies to all vehicles. I got ticketed for the registration numbers on my boat cause they were too close togeather. And No, I'm not an LEO.

 

Are you being HONEST, BOB????

I have heard they are doing this, because they have the ability to read the plate via a scanner, that will run your plate automatically without the LEO having to punch all the data in. BUT that could jus' be inuendo, too. Anybody know for sure??
MORE BIG Brother checking up on you, whilst you are just going thru life. BUT it is for YOUR safety, we do this.

Do these azzhoals EVER think these laws ALL the way thru, BEFORE they vote on them?? Obviously, the answer is NO. Now they want to go BACK and redo it. How 'bout get it RIGHT the first time, OR DON'T PASS 'em. Jesus H. Christ, someone just shoot me, I must be an idiot.

 

It is a BS law wrote by loser politicians and any kind of excessive enforcement just causes disrespect of the laws, courts and the ticket writers who enforce it. Don't turn this into a LEO bashing remark.

 

Since there is no Federal law governing the vertical mounting of the plate, I don't believe that the state of Florida has any legal grounds for writing these tickets if the bike is legally registered out of state and complies with the registered states laws. Can you imagine what would happen if each state adopted differing laws governing where and how the plate had to be mounted on the vehicle? Interstate travel would be all but impossible.

IMO, the ticketing of out of state vehicles for these violations is illegal and the LEA's are banking on the fact that out of state residents won't be able to come back for a court date to fight the issue.

 

[QUOTE=ryback;4651413]Since there is no Federal law governing the vertical mounting of the plate, I don't believe that the state of Florida has any legal grounds for writing these tickets if the bike is legally registered out of state and complies with the registered states laws. Can you imagine what would happen if each state adopted differing laws governing where and how the plate had to be mounted on the vehicle? Interstate travel would be all but impossible.

IMO, the ticketing of out of state vehicles for these violations is illegal and the LEA's are banking on the fact that out of state residents won't be able to come back for a court date to fight the issue.[/QUOTE]

If it's a state that doesn't extradite, don't go back for 7 years.

 

[quote=Sick1200;4651619]
I'm not sure 'this' works, anymore. And at my age, I thinx I'll leave the 'experimentation' to you 'young guns'. wink, wink

 

What a travesty of justice. Both the politicians who wrote it and the cops who enforced it should be ashamed of themselves.

 

Is the law designed to be applied to the 'Plate Flipper' things?

 

[quote=Sick1200;4651619]The problem is that now sates are hooked up via that internet thing and they will suspend your license for unpaid tickets out of state, don't ask me how I know. In some cases they will also issue warrants for unpaid tickets so when you get stopped locally for a minor infraction they can arrest you for the warrant.