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RM Prosecutors: What is your charge?

Mr Jones

Turbo Monkey
Nov 12, 2007
1,475
0
If the rider was on a bike with brakes (aka legal to operate on city streets) and the book were thrown at them leading to a conviction with hefty consequences, couldn't that outcome be used as legal precedence for future auto vs. cyclist collisions?
 

TheMontashu

Pourly Tatteued Jeu
Mar 15, 2004
5,549
0
I'm homeless
I can slow my car down by downshifting, even to the point of causing a rear-wheel skid, then stall it to a stop. I couldn't make a case that this fact alone means it has brakes.

The law quoted requires a bike to be equipped with a brake. A brakeless bike has no brake, even if it can slow down and stop by other means.

People who are saying it doesn't matter what kind of bike it is would most likely object to someone driving a brakeless car or motorcycle on a public road.

Showing reckless disregard for others' safety could constitute a charge in and of itself, or at least be a contributing factor to sentencing.
If cars were only required to have one brake I would give you a pass on it. But cars have to have brakes front and rear. Only 1 wheel is described in the law about bikes.
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,735
1,819
chez moi
If cars were only required to have one brake I would give you a pass on it. But cars have to have brakes front and rear. Only 1 wheel is described in the law about bikes.

It's a two-prong legal test here. You need a brake. And that brake needs to be capable of locking the wheel. Fail to meet either requirement and you don't meet the legal standard.

Regardless of how you pedal the bike or don't pedal it or use the thighs in your girly jeans to resist its motion, you need a brake. "Brake" is a device in this context, not a verb.

This isn't a question or an argument, it's a statement of the legal truth. Nothing you say changes this.
 

CrabJoe StretchPants

Reincarnated Crab Walking Head Spinning Bruce Dick
Nov 30, 2003
14,163
2,485
Groton, MA
It's a two-prong legal test here. You need a brake. And that brake needs to be capable of locking the wheel. Fail to meet either requirement and you don't meet the legal standard.

Regardless of how you pedal it or don't pedal it or use the thighs in your girly jeans to resist its motion, you need a brake. "Brake" is a device in this context, not a verb.

This isn't a question or an argument, it's a statement of the legal truth. Nothing you say changes this.
My $800 worth of Hope M6 Mono Ti brakes couldn't lock up my wheels back in the day. Most expensive illegal brakes ever.
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,735
1,819
chez moi
My $800 worth of Hope M6 Mono Ti brakes couldn't lock up my wheels back in the day. Most expensive illegal brakes ever.
My old Hope C2s were awesome. I did sort of enjoy having to dial out the master cylinder caps with my forefinger and thumb on long runs on hot days in Big Bear, too.
 

TheMontashu

Pourly Tatteued Jeu
Mar 15, 2004
5,549
0
I'm homeless
It's a two-prong legal test here. You need a brake. And that brake needs to be capable of locking the wheel. Fail to meet either requirement and you don't meet the legal standard.

Regardless of how you pedal the bike or don't pedal it or use the thighs in your girly jeans to resist its motion, you need a brake. "Brake" is a device in this context, not a verb.

This isn't a question or an argument, it's a statement of the legal truth. Nothing you say changes this.
Here is the definition of brake ala websters.

"Definition of BRAKE
1
: a device for arresting or preventing the motion of a mechanism usually by means of friction "

Ok, so my cranks and chain and cogs are together would be a "device" correct? and I use it to arrest/ prevent motion of my bike right???? Now the definition also says usually, now from my understanding of English usually doesn't mean ALWAYS now does it??? Said device is also well capable of causing my back wheel to skid.

The fact that the device used to stop, also makes me go is also irrelevant.

Again, I have been stopped several times and never got a ticket. And beyond specific city ordinances (I think Davis has one) there is nothing that specifies coaster or hand brakes.
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,735
1,819
chez moi
Here is the definition of brake ala websters.

"Definition of BRAKE
1
: a device for arresting or preventing the motion of a mechanism usually by means of friction "

Ok, so my cranks and chain and cogs are together would be a "device" correct? and I use it to arrest/ prevent motion of my bike right???? Now the definition also says usually, now from my understanding of English usually doesn't mean ALWAYS now does it??? Said device is also well capable of causing my back wheel to skid.

The fact that the device used to stop, also makes me go is also irrelevant.

Again, I have been stopped several times and never got a ticket. And beyond specific city ordinances (I think Davis has one) there is nothing that specifies coaster or hand brakes.
Nope. Nice try, though.

And lack of enforcement doesn't mean the law doesn't exist on the books. Cops probably have no idea the law exists or what your bike has or doesn't have.
 

TheMontashu

Pourly Tatteued Jeu
Mar 15, 2004
5,549
0
I'm homeless
Nope. Nice try, though.

And lack of enforcement doesn't mean the law doesn't exist on the books. Cops probably have no idea the law exists or what your bike has or doesn't have.
"Brakes

No person shall operate a bicycle on a roadway unless it is equipped with a brake which will enable the operator to make one wheel skid on dry level clean pavement (Ref Sec 21201(a)). "


http://www.dot.ca.gov/dist9/bicycle/Bike_Laws.html
I already posted the law buddy.......

Could you please point out the hand operated part of the law??? Or the part that talks about friction???? Or the part that says your drive train can't be a brake???? or that it has to be some sort of special braking only device????
 

stoney

Part of the unwashed, middle-American horde
Jul 26, 2006
21,975
7,829
Colorado
I already posted the law buddy.......

Could you please point out the hand operated part of the law??? Or the part that talks about friction???? Or the part that says your drive train can't be a brake???? or that it has to be some sort of special braking only device????
Please go to law school. We really need another Dirt to double down our retarded lawyer count.
 

stoney

Part of the unwashed, middle-American horde
Jul 26, 2006
21,975
7,829
Colorado
No ****. It's one of the many reasons I'm perplexed by your continued argument against legal, mechanical, and physical reality.
He's also the guy who would insist on taking his right of way on a bike, even if he's dead right about it.
 

TheMontashu

Pourly Tatteued Jeu
Mar 15, 2004
5,549
0
I'm homeless
He's also the guy who would insist on taking his right of way on a bike, even if he's dead right about it.
ummm, you mean the one that gives me the same rights as cars???.....

No ****. It's one of the many reasons I'm perplexed by your continued argument against legal, mechanical, and physical reality.
Find me where in the definition of mechanical is friction required? or in the law where any sort of friction is required. I'm perplexed as to where you are seeing this????

As well how is a drive train on a bike NOT a mechanical device???? Is this like right wing economics or something????
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,735
1,819
chez moi
ummm, you mean the one that gives me the same rights as cars???.....



Find me where in the definition of mechanical is friction required? or in the law where any sort of friction is required. I'm perplexed as to where you are seeing this????

As well how is a drive train on a bike NOT a mechanical device???? Is this like right wing economics or something????
Jezus, kid, it's not worth my time...but FYI, I never said friction was required.

Go ahead and go into court and tell a judge that your car's brakes consist of taking your foot off the accelerator and downshifting. Have fun, genius.
 

TheMontashu

Pourly Tatteued Jeu
Mar 15, 2004
5,549
0
I'm homeless
Jezus, kid, it's not worth my time...but FYI, I never said friction was required.

Go ahead and go into court and tell a judge that your car's brakes consist of taking your foot off the accelerator and downshifting. Have fun, genius.
I guess you missed the part where cars need brakes on all 4 wheels. The law for bikes stated 1 wheel needs a brake.
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,735
1,819
chez moi
I guess you missed the part where cars need brakes on all 4 wheels. The law for bikes stated 1 wheel needs a brake.
I guess you missed the part where that doesn't ****ing matter. Slowing your engine isn't a brake. The car is an illustration of the absurdity of your point. That is all.
 

sanjuro

Tube Smuggler
Sep 13, 2004
17,373
0
SF
I already posted the law buddy.......

Could you please point out the hand operated part of the law??? Or the part that talks about friction???? Or the part that says your drive train can't be a brake???? or that it has to be some sort of special braking only device????
There is a foot operated coaster brake, of course.

But you are right the law is ambiguous about what exactly is a brake. Is your foot on the back wheel a brake? Or pedaling backwards a brake? The law, which my guess was designed around existing bikes, does not say.

Now that I am a motorcycle rider, I've learned about possibilities.

The chances of dying on a motorcycle are much higher than a bicycle. Still it is extremely unlikely that anything will happen, but that possibility has moto riders wearing lots of gear and studying safety regularly.

The chances of getting hurt on a bike is less, but still possible. In the case of the dead woman, the rider wasn't being careful. I don't know if he riding a fixie, on a cell phone, or the exact circumstance which he killed a woman.

So, yes, most circumstances, no front brake is fine. I hope there is not a 1 in a million chance for you.
 

Ciaran

Fear my banana
Apr 5, 2004
9,841
19
So Cal
2) I still think you're dumb
Funny. That seems to be the same phrase I use whenever I neg rep you. Well, at least you finally learned how to use "you're" correctly.

And whoever did this: "mooshoo-attorney at lulz"... that was funny :thumb:
 
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OGRipper

back alley ripper
Feb 3, 2004
10,724
1,224
NORCAL is the hizzle
It's always hilarious to me when someone tries way too hard to justify a sketchy bike set-up.

Personally I don't really care if my fixed gear is a "brake" under the law, and I'm generally not worried about hurting someone else. As a matter of self-preservation, running a fixie without a front brake is just stupid, especially in an urban setting. And the skill argument is a joke.

Stop trying to justify it. There's no good reason other than fashion. Just own it.
 

TheMontashu

Pourly Tatteued Jeu
Mar 15, 2004
5,549
0
I'm homeless
I guess you missed the part where that doesn't ****ing matter. Slowing your engine isn't a brake. The car is an illustration of the absurdity of your point. That is all.
Funny how cars weigh several thousand pounds, and the laws regulating them are totally different. Just because the same laws apply to the rules of the road, does not mean the same rules apply to how the vehicle is constructed/ operates.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
42,809
14,907
Portland, OR
They tried to pass a "fixies, while still ghey don't have to have a brake" law, but it didn't fly here.

http://bikeportland.org/2007/12/19/katu-takes-on-fixie-ticketing-issue-6224

I still think a track bike (no brakes) shouldn't be allowed on the street. Just like a track moto isn't legal for the street (no lights). They are called "Track Bikes" for a reason.

Besides, my fixie troll went a hell of a lot farther than I thought it would. :rofl:
 

jdcamb

Tool Time!
Feb 17, 2002
20,027
8,747
Nowhere Man!
Funny how cars weigh several thousand pounds, and the laws regulating them are totally different. Just because the same laws apply to the rules of the road, does not mean the same rules apply to how the vehicle is constructed/ operates.
For a poor kid from the projects you're pretty smart. You should consider joining the Military. Sell your truck first, those things are money pits....
 

JRogers

talks too much
Mar 19, 2002
3,785
1
Claremont, CA
I guess you missed the part where cars need brakes on all 4 wheels. The law for bikes stated 1 wheel needs a brake.
What about a 4 wheel drive car?

Look, this is retarded. Don't tell me that your foot and drivetrain is a brake or that shoving a stick into your spokes is a "mechanism" or any other crap like that. Go into a bike shop, ask for some brakes. Anyone hand you a chain and a pair of shoes? Didn't think so. Your "simple basic logic" is overriding whatever common sense you have.
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
If the rider was on a bike with brakes (aka legal to operate on city streets) and the book were thrown at them leading to a conviction with hefty consequences, couldn't that outcome be used as legal precedence for future auto vs. cyclist collisions?
No, because judges drive cars.

Hitting a cyclist is about the safest thing you can do as a motorist. You generally get in more trouble as a motorist for hitting a safety cone.
 

DirtMcGirk

<b>WAY</b> Dumber than N8 (to the power of ten alm
Feb 21, 2008
6,379
1
Oz
Its Kalifornia. He'll get 2nd Manslaughter (because after all, you can't have "manslaughter" without "laughter) and he'll serve 5 to 7, out in 4 for good behavior and learning to fellate his cellmate.
 

sanjuro

Tube Smuggler
Sep 13, 2004
17,373
0
SF
And so it begins:

Bicyclists accustomed to speeding through red lights got a surprise Friday on San Francisco's Market Street - a ticket.

A recent spike in accidents involving pedestrians prompted police to step up traffic law enforcement at Market and Fifth, where walkers, cars and bikes come together in droves. Officers said they weren't singling out bicyclists, but riders made up the bulk of those who were stopped Friday morning.

Police announced the stepped-up enforcement effort after a spate of street tragedies, starting with a July 15 incident in which a Washington, D.C., woman was fatally injured crossing the Embarcadero at Mission Street by a bicyclist who allegedly ran a red light.

Five days later, a cyclist making an illegal left turn was killed by a box truck at the corner of Fremont and Mission streets. On Aug. 4, a 9-year-old boy crossing Mission at New Montgomery Street was struck and badly injured by an allegedly drunken driver.

Officer Eric Balmy, one of five officers patrolling Market and Fifth on Friday, said the increased attention is a way to educate the public about the rules of the road.

Most of those stopped by the foot-patrol officers were cyclists, though the police were able to radio counterparts on motorcycles and in cars farther down Market to pull over some vehicles. Over the course of one hour, the officers at Fifth cited at least 10 cyclists and spoke to two car drivers who were driving illegally in the public transit lane.

Amin Ariana, 31, was stopped for running a red light on his bicycle.

"I didn't think that if there were no pedestrians and no cars, I'd have to stop there," he said. "I didn't know I did something wrong."

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/12/BALM1KMPSE.DTL#ixzz1Us2sFf35