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

[Greg 03]

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.

If you do contact the prosecutor for a clarification I'd love to hear what they say.

 

[wheatonFJR]

So I guess it's illegal to be sitting on the passenger seat with the cruise control operating on an interstate, grabbing a can of beer from a passing car passenger laughing his ass off at you and chugging it, then tossing said can away?

I did have my feet on the pegs, so at least I had THAT going for me.

21 and stoopid...oh well.

 

[bwv]

If we jush bash that single officer, is it considered bashing?

All kidding aside... what if Georgia Roller, while pulling over, stepped on some loose gravel and dropped his bike? What if it made him late for an appointment? What if StreetBetty got nervous and in that state, while getting off the bike, ran her heel on the side bag and gouged it horribly...

None of that should have even been possible if there was no reason to stop him. Look at the picture.. other than the whole Zombie horror movie scene... does anythign look suspicious?

 

[Warpdrv]

Personally - I'd hit up the prosecutor, get the "obvious clarification" from him - then ask if he would be willing to address the officer (which I highly doubt would happen) or is it up to you to talk to his superior..... Make it clear that the officer had no attitude and was very respectful, but he clearly doesn't understand the law that is on the books he cited - for his benefit and other riders in the future, which in turn will not waste future court time.

 

[Bugnatr]

When we watch people on cell phones, texting, lane changes with no turn signals etc. etc. and then get pulled over for this it's tough not to think this was really lame.

But anytime getting out with just a warning is a good thing.

 

[ionbeam]

...I got pulled over once for "stunt riding" because I had stood up to pop my knees...

You do NOT want to stand up on the pegs in Ontario Canada, it is part of a long list of things under the category of Stunt Riding; even riding a set amount over the speed limit is considered Stunt Riding and the same penalties apply in addition to the speeding fines.

In Ontario:

If you are determined by the sole discretion of a police officer to be "Stunt Driving", you will have your vehicle seized for 7 days, lose your license for 7 days, and face a fine between $2,000 and $10,000. This is not determined in a court, it is at the roadside, and there is no appeals process. If you are caught driving another vehicle while your license is suspended the fines and penalties are extreme.

 

[Blind Squirrel]

The law has the not standing part covered:

Section 40-6-311. Manner of riding motorcycle generally - ( B) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle.

 

[08FJR4ME]

GR,

This warning is now a permanent record for whenever you might get pulled over again. The next officer not knowing the circumstances could interpret this more negatively. If the law is unclear as you stated I would have a talk with his cheif or sargent at the police station and explain the officers errors. He needs to be aware of his mistakes.

Nuff, said,

Dave

 

[HYCLE]

Thanks for the warning, I stand from time to time. Now I can add that to the list of other laws I break while riding.

 

[Redfish Hunter]

He just wanted to check out Streetbetty

+1

That is what I would have done in his place.

You have to give the young officer credit, he was actually trying to do his job and was nice about it. It sounds like he made a mistake and I bet when he looked up the law he knew he had made a mistake. Like most youngsters (and some oldsters) he did not want to admit his mistake and tell GR to just roll on out.

If that "warning" is now a part of your permanent record, you owe it to yourself to at least make a couple phone calls and see about straightening that out. You never know when you might break a law that really is valid and you might need some leniency.

 

[puppychow]

I have heard of LEOs pulling over hawt women for a chat, when they see them driving/riding around, but never when they are with their hubbies or boyfriends. This is a first. I am pretty sure AJ trained this guy!

 

[wheatonFJR]

I have heard of LEOs pulling over hawt women for a chat, when they see them driving/riding around, but never when they are with their hubbies or boyfriends. This is a first. I am pretty sure AJ trained this guy!

That damn "like" button is not working.....

Thanks for the warning, I stand from time to time. Now I can add that to the list of other laws I break while riding.

Tee hee...

 

[BigOgre]

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!

It is. And that's why almost all tickets will be dismissed if they were written wrong. One letter off on the reg or your ID #, date or time wrong, or incorrectly documenting the stop location are all among valid reasons for a judge to rip it up. (Damn computerization makes this more unlikely nowadays though.)

With that in mind, here's something that I haven't seen mentioned. Have you read the surrounding sections to that statute? Could it be possible that such a law does exist but the officer simply got the section cite wrong? Either way I'd follow up, especially if a warning in your state stays on your record and you can have it removed but also so you know for sure going forward.

 

[GeorgiaRoller]

Ok Peeps...here's the Dealio!

I called a motorcycle lawyer & the GA DMV.

1. Lawyer says there is no law against riding with your feet off the pegs in Georgia (see below)
2. A warning does not go on your driving record (see below)

Point #1

The lawyer said 40-6-314(a) is specifically talking about the additional passenger (That's why it mentions sidecar in the statute) not the driver. And that statute is to make sure footpegs are available and installed for the 2nd passenger. He said no where does it say anything about the driver or that the driver has to have his feet on the footpegs at all time.

All of the GA motorcycle statutes are listed HERE. Feel free to click & read all of them if you want. There's not that many.

Another statute is 40-6-311-b does state "A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle." So I could see this being used for those of us that like to at times Stand on our pegs to stretch, so be mindful of that.

Other than that there is no GA motorcycle statute even mentioning having to have your feet on the footpegs. In fact the lawyer also said with the 40-6-314(A) footpeg statute for passengers, that you simply must HAVE footpegs for them, but that it doesn't mean you have to USE them specifically. They just need to be on the bike.

POINT #2

A written warning does NOT go on your driving record in Georgia. But it does stay in the system for police officers and if you get pulled over again another officer can access that information.

My conclusion...

I feel the officer was young & inexperienced and stated a "footpeg" statute and he assumed it had something to do with riding with your feet on them at all times. The fact he mentioned to me "It took me a minute to look up & find the statute" lets me know he wasn't very familiar with it.

Moving forward I'm confident an actual citation for riding with your feet off the pegs would easily be thrown out if challenged as long as there was no other issues that went along with the stop. (no speeding, history or recklessness...etc).

But just to be safe from now on I'll make sure no cop is coming in either direction when I decide to stretch my legs for minute. But it's NOT illegal to do so. Sheesh.

 

[SwollenRaccoon]

OK, OK, OK, I'm a picky *********, and I can't take it anymore, so please bear with me. A law or ordinance is a STATUTE. A sculpture of an animal or person is a STATUE.

I love that you provided a link to the website of the Georgia statues, but I didn't see any pictures or locations of them, so my tour will have to wait. When the tour happens, I will stand on the pegs, as usual, to stretch my legs.

OK, now go ahead and pummel me for being a picky ass-hat. But I sure (temporarily) feel better.

(Can't wait to see the responses to this nit-picking)

 

[GeorgiaRoller]

OK, OK, OK, I'm a picky *********...

Yes...yes you really are.

 

[wheatonFJR]

OK, OK, OK, I'm a picky *********, and I can't take it anymore, so please bear with me. A law or ordinance is a STATUTE. A sculpture of an animal or person is a STATUE.
I love that you provided a link to the website of the Georgia statues, but I didn't see any pictures or locations of them, so my tour will have to wait. When the tour happens, I will stand on the pegs, as usual, to stretch my legs.

OK, now go ahead and pummel me for being a picky ass-hat. But I sure (temporarily) feel better.

(Can't wait to see the responses to this nit-picking)

Glad you are feeling better. I whole-heartedly agree, you are a picky, ********* ******.

I felt I should get this response in early, since you couldn't wait for it.

EDIT: Of course this is all in fun, right?

 

[bwv]

POINT #2
A written warning does NOT go on your driving record in Georgia. But it does stay in the system for police officers and if you get pulled over again another officer can access that information.

I dont like that part.... ^^^^^^^^^^^^^^^^^^^

 

[SwollenRaccoon]

OK, OK, OK, I'm a picky *********, and I can't take it anymore, so please bear with me. A law or ordinance is a STATUTE. A sculpture of an animal or person is a STATUE.
I love that you provided a link to the website of the Georgia statues, but I didn't see any pictures or locations of them, so my tour will have to wait. When the tour happens, I will stand on the pegs, as usual, to stretch my legs.

OK, now go ahead and pummel me for being a picky ass-hat. But I sure (temporarily) feel better.

(Can't wait to see the responses to this nit-picking)

Glad you are feeling better. I whole-heartedly agree, you are a picky, ********* ******.

I felt I should get this response in early, since you couldn't wait for it.

EDIT: Of course this is all in fun, right?

It's ALL in fun, Mark. I have so much fun that I can even make light of a ride on the doctor's Table Of Shame to have some ...ahem......"hole work" done a few years ago. And I'm dim-witted enough to have written a descriptive narrative about the experience on these very pages. And I'm glad that we agree that I'm a picky, ********* ass-hat.

 

[Ignacio]

Ok Peeps...here's the Dealio!
I called a motorcycle lawyer & the GA DMV.

1. Lawyer says there is no law against riding with your feet off the pegs in Georgia (see below)
2. A warning does not go on your driving record (see below)

Point #1.....

I appreciate the ACTUAL research and fact-based approach you've been going. It's a rare case in forums where's it's often easier and more entertaining to devolve into rhetoric, opinion, piling on, and thread drifting. I just wanted to note this particular thread seems to doing a decent job at keeping close to the OP and not drifting off to other states or issue discussion. Thanks.