Equipment Violation?

What is the name of your state? North Carolina


I am from North Carolina and have attended many bike rallies over the years
that are held in Myrtle Beach. Year before last, I received a citation for a handle bar violation. (thrown out of court with help of officer, but thats beside the point) I would like to go back next year but I don't want to change my handlebars to comply with their law.


The South Carolina Code of Laws states the following:

ARTICLE 29. MOTORCYCLISTS; RIGHTS AND DUTIES THEREOF
TITLE 56. MOTOR VEHICLES
CHAPTER 5.
UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS
ARTICLE 1. GENERAL PROVISIONS


SECTION 56-5-3650 Footrests; position of handlebars; rear view mirror. [SC
ST SEC 56-5-3650]

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

(b) No person shall operate any motorcycle with handlebars more than fifteen
inches in height above that portion of the seat occupied by the operator.

(c) No person shall operate any motorcycle unless it is equipped with a rear
view mirror which will afford the operator ample vision to the rear at all
times.

I understand that this is a South Carolina law that applies to residents
with vehicles registered in South Carolina. I have researched the SC Code
of Laws and found the following:

Title 56 - Motor Vehicles
CHAPTER 3.
MOTOR VEHICLE REGISTRATION AND LICENSING
ARTICLE 1.
SHORT TITLE; DEFINITIONS

SECTION 56-3-170. Reciprocity with respect to the operation of vehicles
licensed out of State.
Notwithstanding any provisions of this chapter, the Department may grant to
any other state, country, territory or district reciprocity with respect to
the operation of any vehicles in this State without being registered and
licensed under the provisions of this chapter if such other state, country,
territory or district extends under its laws, rules and regulations like
privileges to vehicles registered and licensed in this State, subject to the
conditions that every such vehicle is at all times, when operated in this
State, duly registered or licensed in such state, territory, district or
country in accordance with the lawful requirements of such state, country,
territory or district and that there is displayed thereon a valid
registration card and registration or license plate or plates.

By reading Section 56-3-170, my handlebars meets the lawful requirements of
North Carolina. Why are the officers issuing citations
to out of state riders with high handlebars?

The phrase "may grant" sounds discretionary. I am not refering to a moving violation like speeding, running a stop sign or turning left on red. I am only refering to the equipment on my motorcycle that meets the lawful requirements of my state. Is South Carolina a state that can pass a law saying that blue motorcycles are illegal, and an out of state rider comes in with a blue motorcycle they will be ticketed?

Any help with this would be greatly appreciated.

Thanks in advance and regards,

Jockeyshift

Getting a ticket for a handle bar seems damn picky. But the state can make any laws they want as long as it doesn't infringe upon any constitutional rights and no one complains. Either don't go to S.C. or change your handle bar to meet state regulations.

[abezon]

States can make their own laws for what constitutes a "safe" vehicle. NC says your handlebars are fine; SC says they're dangerous. If you ride in SC, you have to obey SC laws.

56-3-170 merely says you don't have to register your bike in SC & get a plate/sticker as long as the bike is properly registered in NC and you live in NC. It does not say that SC equipment laws don't apply to you just because you pass the NC equipment laws.

Why not just take a wrench & drop your handlebars when you enter SC until you get to the rally, which is presumably held on private land? You can set the handlebars anywhere you like if you're driving on private land.

Hmmm... you could raise the seat, at least while driving on public roads in S.C.

Thanks for the replies.

sdstrooper, I agree that the ticket is picky, but since it is a rally, and with so many bikes there it is an easy way for the PD to make some revenue. Sad but true. One of the things that gripes my butt is that SC vehicles don't even have to have an saftey inspection. You can roll on down to your local junkyard, pick out a car, throw on some plate and insurance and drive it on the road.

abezon, I guess that I am reading into 56-3-170 too much. I am looking at the line that says "every such vehicle is at all times, (when operated in this State) in accordance with the lawful requirements of such state". "such state" meaning my state.

If I drop the handlebars down, I would look like I'm behind a rototiller, since my bars are 20" tall.

gotocourt, If I raised the seat, my feet wouldn't touch the ground.

I'll just have to stay out of SC. Oh well.

Again, thanks for the replies.