Footpeg Warning - GA Statute 40-6-314(a)?

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GeorgiaRoller

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So me & Streetbetty were enjoying a nice ride yesterday, going out to lunch, enjoying some cappuchino & cheescake on a outdoor patio in the town that films a lot of "The Walking Dead" tv series here in GA in 70 degree temps. After lunch I looped us down south to ride across the spine of the Pine Mountain Range and FDR state park.



We were enjoying some sections of spirited riding on desolate country road sweepers as well as taking in the scenery and the fresh air. the FJR was doing what it always does...cornering, performing & running damn near flawlessly and with great ease.

However we did get pulled over by the Po-Po...but we weren't speeding.

I have MCL hwy pegs and I use those quite a bit on longer rides to stretch my legs out from time to time. However I also, and most of us do, also will at times let my feet hang off the pegs entirely and just dangle from my seat for a maybe 30 seconds or so to just stretch them out that way. As luck would have it the Manchester PD was passing me in the other direction when my feet were completely off the pegs and dangling. I see him do a u-turn, blue lights come on, and I'm over on the side of the road.

He had to be maybe 25yrs old? Nice young kid cop. Said he rides and most on the Manchester force ride in fact (Harley's?...I'll splain in a minute). Said it's illegal to not have your feet on the pegs at all times. Hmmmm, I did know that was my response. Yep, it's a GA Statute to keep them on the pegs, just can't be riding down the road with your feet off them. Well I pulled you over, I at least got to write you up a warning. Ok. 5 min later he comes back with a written warning. He said it took him a minute to look up the statue. GA Statute 40-6-314(a) . Then says "You need to get a cruiser man...then you can stretch your feet out all the time!"
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....wow.

Ok here's the thing. If you look up the GA Statue (I looked it up on 4 different websites) it all says the same thing. It is under the Footrests & Handlebars section. However GA Statue 40-6-314(a) simply says and I quote....

a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.

That's it! Says no more no less. Where exactly does it state YOU MUST HAVE YOUR FEET ON THE FOOTPEGS AT ALL TIMES? In fact it is specifically talking about "passenger" footpegs. Doesn't even mention rider footpegs anywhere!

Am I missing something, or is it possible young Mr. Po-Po has read into the law more than he should? Either way it was just a warning so I don't have to do anything about it. But moving forward I wanted to make sure I fully understand the motorcycle law in my State if I was to get pulled over again.

What is your opinion peanut gallery?

 
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Sounds like a bored inexperienced kid having to work a weekend. Many of the smaller departments give just enough training and statute education to their rookies to just hit the tip of the iceberg of information professional cops need to know. I would suggest contacting the prosecutor's office in the town or county where the stop happened and ask them for clarification on the wording of the law and how they interpret it for prosecution. I got pulled over once for "stunt riding" because I had stood up to pop my knees. I didn't get written either but had me scratching my head as this is a common practice for me and several of my riding friends including one who was told specifically by his doctor to do this to avoid another blood clot situation.

 
I got pulled over once for "stunt riding" because I had stood up to pop my knees.
Believe me I do the same thing. Not stunt riding either, but standing on my pegs to straighten out my back. Yesterday's experience made me think of that as well.

Personally I'm going to drop my feet off the pegs or stand up still at times.. But I will be looking to see who's around before I do from now on I guess just to be sure.

 
I suspect this young officer has a quota to fill.
No he can probably write as many tickets as he wants... Quotas are mostly urban legend spoken about by anti law enforcement types... How about on this one rare occasion we don't let this thread descend into yet another cop bashing thread?
It's tough not to bash a cop when he pulls a guy over for this.

 
The statue only mentions that the bike has to be equipped thusly, it mentions nothing about not stretching your muscles out to be in better condition to ride going forward. However, since the policeman's interpretation is one thing, and mine (or yours) as another...who decides/judges these things? Hmmmm, who would do that?

 
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The statute cited is an equipment standard requiring footpegs for any passenger. Clearly not a requirement that feet be on the footpegs.

I wonder if a driver is considered a motorcycle passenger? Nothing appears to require driver footpegs.

 
I suspect this young officer has a quota to fill.
No he can probably write as many tickets as he wants... Quotas are mostly urban legend spoken about by anti law enforcement types... How about on this one rare occasion we don't let this thread descend into yet another cop bashing thread?
It's tough not to bash a cop when he pulls a guy over for this.
I would agree that making a stop based on extending your legs past the footpegs is questionable reasonable suspicion to base a traffic stop on... But, since I have no idea what their department training standards are nor do I know how this officer was trained I will save my "bashing" and again suggest to the original poster that if he wanted to glean further information to contact the prosecutor... I could write you a ticket for anything on the planet and it is a moot point unless the prosecutor interprets the case law to support the decision in the field to issue said citation.

 
For the record he was a nice young police officer. Very pleasant, no attitude, and actually respectful. I had no problem being just as respectful to him. I was happy it was just a warning. Ultimately no big deal. Didn't ruin my ride or anything. Was almost a nice break from all the hard riding. lol

That being said...you shouldn't pull people over and cite Statues and not expect the person "at fault" to look up said statue to make sure he fully understands the law. And when you look up the statue and it says NOTHING that goes along with the reason the officer pulled you over...that's a problem!

So it goes both ways. If I'm at fault I'll readily admit to it. But don't tell me I did something wrong & then state a law that has nothing to do with it.

Its not "bashing". It's coming to a correct understanding of the law. I was fully expecting to post a thread warning other GA FJR riders on this forum of what happened and to let them know it's against the law to ride with your feet off the pegs in the great state of Georgia. But when I looked it up...doh!...you got this thread instead.
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Passenger likely is defined as anyone person riding on the bike - we say rider/passenger, the laws often use that word to mean anyone on the bike.

Hit the Prosecutor's office for a sort of ruling...its ultimately down to the judge, which is why some laws are written as you see. Ambiguous. For all the officer knew when he caught a glance of you with feet unstuck, you could have been out of control of the vehicle. I do think he pushed the interpretation of things a bit, but hey, if a judge backed him up, turns out he'd be right.

When I ride my Tenere I routinely stand on the pegs - be it for a stretch or better view...and I know I should look around first, because I really don't want someone thinking I'm stunting...after 10 hours of riding...and my knees are kinked up...'cause you know, that happens officer...

The officer thought he was doing the right thing, and did issue a warning only, so you can write this one off. If it were me, I'd be calling the prosecutor's office to bug for clarity.

'Cause the call on this one was, warning or not, just plain lame...

 
and then there is Maryland

Earplugs
Prohibited by law with the exception of: "Custom Made Earplugs"

Single Helmet speaker only.


Muffler required.
No modifications may be made to the muffler which increase the sound level beyond that of the original manufacturer's equipment;

(d) Riding position.- A person may ride on a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

 
My immediate thought(yup..a total cliche)... Does he not have anything better to do ? ..Like maybe read the law he wrote you up for ?

Does the "warning" go on record anywhere? If it is not legal, I would like to see it removed, so they dont think you are a career criminal.

The Cruiser comment makes me think he's a pirate during his off hours.. probably like this guy...

aubaya.jpg


 
I suspect this young officer has a quota to fill.
No he can probably write as many tickets as he wants... Quotas are mostly urban legend spoken about by anti law enforcement types... How about on this one rare occasion we don't let this thread descend into yet another cop bashing thread?
My post was not intended as a "bash"

In any profession mangers watch performance.

 
I suspect this young officer has a quota to fill.
No he can probably write as many tickets as he wants... Quotas are mostly urban legend spoken about by anti law enforcement types... How about on this one rare occasion we don't let this thread descend into yet another cop bashing thread?
My post was not intended as a "bash"

In any profession mangers watch performance.
Misinterpreted sir, I apologize.

 
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