NYC Parking Crackdown

[DeuceNYC]

Just got a parking ticket along with maybe 6 other bikes in Midtown, spoke to the cop who was generally a nice guy who warned me that they had flatbedded 9 bikes from Vanderbilt Ave the other day. There was a red S2R along with mine that got ticketed. Going to work might be less fun for the remainder of the season.

[ducatiz]

This is the city's summer "hurrah" for bikes -- every year for about 2 months, you line up and get reamed.  Make sure your papers are in order, the next hattrick are checkpoints.

These pics were just before I escaped:

[Pakhan]

+1
Have all your stuff in order and watch yourself, they're looking for any excuse.  City needs money and the less heard groups will get the short end.

[Amlethae]

I'm on this http://www.nymstf.org/CheckpointAlerts.htm which has done pretty well at keeping me out of check points.  I've only been stopped at a DUI checkpoint, guy got right in my face/helmet asked me if I had been drinking, shined a bright as shit light in my eyes and sent me on my way... but I couldn't see shit.

I haven't been in one of the motorcycle checkpoints.  Can those of you who have give a list of the standard shit they're looking for?   I've got current inspection, registration, and insurance info... what else are they looking at/for usually?  I know if I'm a dick they're going to look for a lot more nit picky stuff.  Just wondering.

[speedknot]

They might check for exhaust db, mirrors, lights, equipment type stuff.  Like someone else said, dont be a dick and be as courteous as your personality allows.  Most often then not, if you're cool with them then the cops will be less inclined to dump a fat stack o'tags on ya.  And remember, as NY'ers we all know parking sux, but when you park in a bus stop or on a hydrant or somewhere else where it says NO PARKING, don't expect to not get a summons.  It's common sense.   Sometimes I feel like paying summonses is just another cost of living or working in NYC.

[Amlethae]

They might check for exhaust db

Hmmm... anyone know if termis without the db-killers would be a problem?  Still quieter than the damn HD's riding around... but loud certainly.

[ducatiz]

Allegedly the nypd has a db checker but more likely they'll just look for a DOT logo.

[Howie]

They do not check db, but they might do the night stick up the pipe or just decide your pipes are too loud.  Both the group I have been working with, New York City Motorcycle Advocacy Group (nycmag.org, site under construction) and the group Amlethae mentioned (I am a member there as well) have been working to secure secure, safe motorcycle parking and to put an end motorcycle only safety stops.  There will be some (not anywhere near enough) motorcycle specific parking in Community Board 2 and Community Board 4.  No where near enough, but it is a start.

As speedknot said, courtesy goes a long way.  If you get a ticket, fight it later in court.  If we motorcyclists fought every ticket given at one of these stops and questionable tickets like raising your face shield at a light we would jam up the system so badly policy would have to change.  Loud exhaust is an equipment violation, therefore a "fix it ticket".  

Add to speedknot's list and put top priority on current license with motorcycle endorsement, registration, insurance card and inspection sticker.

New York State equipment requirements are here:
http://home.ama-cycle.org/amaccess/laws/result.asp?state=ny

[Howie]

Allegedly the nypd has a db checker but more likely they'll just look for a DOT logo.

Proper NY measurement is done by a complex drive by test.  This is the law, in lay terms:

Muffler Muffler required; no straight pipes; no removal of baffles; no modification of exhaust system that increases noise beyond exhaust system originally installed. Ref: NYS Vehicle & Traffic Law, Article 9, Section 381
Maximum Sound Level Maximum Allowable A-Weighted Sound Levels at Speed: 35 mph or less, 82 dB(A); over 35 mph, 86 dB(A), measured at, or adjusted to, a distance of fifty feet from the center of the lane in which the motorcycle is traveling. Ref: NYS Vehicle & Traffic Law, Article 10, Section 386.

The sentence in red opens the door to police to issue tickets for non stock exhaust.  You do not need an EPA label on your exhaust.  Besides the fact that the labeling regulation has not been followed by manufacturers or enforced by the EPA the label only had to be on the bike for one year or 3,700 miles. 

[mookieo2]

Wow 86db over 35mph! There is more ambient noise in the city without cars/ bikes. How can they measure that in the street? I bet the ambient noise level is close to 100 or at least over 90db A weighted or not.

[ducatiz]

Proper NY measurement is done by a complex drive by test.  This is the law, in lay terms:

Muffler Muffler required; no straight pipes; no removal of baffles; no modification of exhaust system that increases noise beyond exhaust system originally installed. Ref: NYS Vehicle & Traffic Law, Article 9, Section 381
Maximum Sound Level Maximum Allowable A-Weighted Sound Levels at Speed: 35 mph or less, 82 dB(A); over 35 mph, 86 dB(A), measured at, or adjusted to, a distance of fifty feet from the center of the lane in which the motorcycle is traveling. Ref: NYS Vehicle & Traffic Law, Article 10, Section 386.

The sentence in red opens the door to police to issue tickets for non stock exhaust.  You do not need an EPA label on your exhaust.  Besides the fact that the labeling regulation has not been followed by manufacturers or enforced by the EPA the label only had to be on the bike for one year or 3,700 miles. 

Then, as far as I am concerned, it is a shoo-in for getting a ticket thrown out.

Change the exhaust all you want, if the statute reads "no modification of exhaust system that increases noise beyond exhaust system originally installed then they will have to prove that it has increased the noise beyond the original system.

I know NYC traffic courts are a big make the beast with two backsing joke, but proof is proof, and it's a legal standard.  They cannot merely assert it.  If the ticketing officer shows up and says he "thinks" it is louder, or that he "listened" to it, then just ask him exactly what measurement he is using and what the deviation is. 

That law is ambiguous on its face.

[2001cromo]

They cannot merely assert it.  If the ticketing officer shows up and says he "thinks" it is louder, or that he "listened" to it, then just ask him exactly what measurement he is using and what the deviation is.  

That law is ambiguous on its face.

What is unfortunately too common is for the officer to use some phallic like device to see how big your exhaust outlet is. I'm not joking here, but wish I were! Usually it's either a spring whip or a nightstick and if they can stick it down your exhaust pipe, then they give you a ticket for illegal/after market exhaust. I know too many that have had this happen. it's then up to the individual (guilty until proven innocent) to prove otherwise.

So back to the whole 'being nice goes along way' line of thinking.  Don't be an obnoxious asshole to either the general public or law enforcement and you'll likely not have much problems/tickets.

In a lot of ways IZ you're lucky you left! But don't ya just miss it a lil bit?

[Howie]

Ducatiz keeps coming back to NYMMC so he must miss the City more than a little bit

















Visit anytime 'tiz

[ducatiz]

Didn't you guys leave too?

http://www.theonion.com/articles/84-million-new-yorkers-suddenly-realize-new-york-c,18003/

What is unfortunately too common is for the officer to use some phallic like device to see how big your exhaust outlet is. I'm not joking here, but wish I were! Usually it's either a spring whip or a nightstick and if they can stick it down your exhaust pipe, then they give you a ticket for illegal/after market exhaust. I know too many that have had this happen. it's then up to the individual (guilty until proven innocent) to prove otherwise.

My question to the officer (in court) would then be to ask him to cite what scientific basis that demonstrates the pipe he measured is louder than the factory one.

More specifically, how does that even prove the muffler isn't the original one?

It's not your obligation to prove them wrong.  They have to prove their allegation.  If they have proof, then you can bring a defense up.

You say my pipes are too loud, I say "how can you demonstrate this?"

Can they also stick this phallus into my car speakers and tell me how loud they are?

[Howie]

Didn't you guys leave too?

My question to the officer (in court) would then be to ask him to cite what scientific basis that demonstrates the pipe he measured is louder than the factory one.

More specifically, how does that even prove the muffler isn't the original one?

It's not your obligation to prove them wrong.  They have to prove their allegation.  If they have proof, then you can bring a defense up.

You say my pipes are too loud, I say "how can you demonstrate this?"

Can they also stick this phallus into my car speakers and tell me how loud they are?

The answer to the phallus/speaker test is yes.  After the speaker has been penetrated, not loud at all   As far as the rest goes, iffy.  There is no doubt in my mind you are, in legal terms you are correct, and if you were in a real court in front of a real judge the ticket would be dismissed.  Nough said about NYC traffic court so I can avoid being political.  If you want, you can PM or call me.  I wouldn't mind tapping into your legal bank of knowledge.  Unless you want your case to be a test case your best bet is to bring proof of repair and the ticket will be dismissed.