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SteelRain

Legal question.

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Today I was commuting in the BMW and between being a little warm, a little bored, and wanting to see over/around cars I was standing in the pegs, as I was filtering to the front at a red light I see a CHP SUV in the right lane ahead if me.

As I continue moving forward, I roll past the officer at a GPS (on bike and helmet cam) speed of 8 miles an hour and continue to pass two other vehicles, the light turns green, I grab the clutch and let the other vehicles that are still in front of me pull away and I roll in my lane.

Now when I saw blue light and heard the "whoop whoop" was surprised but pulled into the gas station at the next intersection. I fully expected a "lane splitting is dangerous speach or an " unsafe passing" ticket that I have got and beat a few times. But the officer instead lectured me on how standing up is dangerous and illegal for a few minutes, I tried to be polite and explain my logic when he allowed me to speak. I did ask for the vehicle code, he was unable to provide it. Now I'm not looking for a fight, but I am a veteran and proponent of my rights, I enen carry ATF letters and guidance when going to the range..... That said, if I'm in the wrong, I want to fix myself; but if I'm in the right I want to know, in case.

Spent a few hours googling an official answer and looking through the CVC.

Anyone here able to provide hard info or wish to discuss their thoughts? I'm curious.

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Wow that's crazy I do this all the time live near 2 police stations and constantly pass cops never had one bat an eye.

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Rise slightly off the seat with your weight on the footpegs to absorb the shock with your knees and elbows and avoid being thrown off the motorcycle....thats from the online guide

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I had seen that, but at speeds under 10mph on paved roadway, nobody would see that as applicable...

I just figured the guy was having a bad day, or wished he was out riding, or something. But I don't want this to become a regular occurrence as I frequently stand just out of boredom.

However, I guess that if the DMV manual recommends it maybe that is enough... Then again at one point the DMV manual also recommended motorbikes travel "slightly faster" than nearby traffic to avoid being hidden in vehicle blindspots.

I'm conflicted about this one, I see the logic assuming you have never been on two wheels, but I'm on the other side

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In Europe trials bikes are street legal and they don't even have a seat.

I ride standing up regularly on my dual sport bike and frequently try to balance at a full stop at traffic lights and stop signs while waiting for other traffic.

Never had a clue that this might be a problem

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I think this stems from the "Stunting" crowd that was popular not too long ago (haven't seen them around much lately?) Anyway, those guys stand on the pegs to pull wheelies. Some police would be on the lookout for it and I have heard of people getting stopped for "stunting" due to standing on pegs. Hell, what's going on in your profile pic there buddy?!

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hmmmmm, with an aching back on occasion, I stand for miles on end now and then, in fact, just recently while being followed by a chp, who eventually just passed me because I may have been going a mile or two under the speed limit, from Warner to the Hideout. Maybe he was on a call, or maybe he realized that I wasn't attempting to showboat, but I have regularly stood on pegs out in the back country in the presence of chp, but not usually going down hiway 8 or friars through the valley, could be a country/city thing or maybe just a wrong time wrong place scenario after a couple of bikes (maybe stunt-ers) pushed his buttons a few minutes before, and you got the fallout. I often ride just behind chp motobikes, can't recall ever seeing them stand, but regardless, hope it was an ok chat and it doesn't include any fees!

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Standing on the pegs is illegal in CA on the road. I have a CHP riding buddy who told me that if he sees a rider stand and then sits down just to get comfortable he won't bother him but if he remains standing he has to pull them over.

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My daily commute is 70 miles round trip standing the entire time, I pass CHP and locals all the time whether they are sitting or rolling and have never been bothered. My concern comes with the officer's belief that standing is illegal, even at uber low speeds.

I will send an email, but if you look at how ATF recently handled the SB15 pistol brace ruling when people asked questions about those. I'm expecting the same from our govenor's revenue generation agency (his words not mine) I'll post the response when I get one.

Oh and the avatar was taken off-road in designated off road area.

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@PDBlue, could you ask him for the vehicle code he would cite? I'd be interested to see if it is an intimidation tactic, revenue tool, or valid citation.

I put my safety over everything else when riding and have a hard time believing that standing would be a safety issue.

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@PDBlue, could you ask him for the vehicle code he would cite? I'd be interested to see if it is an intimidation tactic, revenue tool, or valid citation.

I put my safety over everything else when riding and have a hard time believing that standing would be a safety issue.

I don't see him much anymore but I'll see if I can get a hold of him. There was a discussion of this a few years ago on the DBA bbs (http://www.dirtbikeaddicts.com). I think it falls under the wreckless driving statute.

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I remember reading about not being legal to stand up while riding, in a DMV MC handbook. But it was back in 1971 when I was getting ready to get my first license.

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fact is after all the conjecture a vehicle code must be cited. And no ticket? sounds like his opinion and not an actual written code. Lets all dig around and I will ask my connections if they know of a code in the book.

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I don't know the code but I can tell you that my buddy is a retired CHP and a very reliable source. It is definitely not conjecture and it is illegal. Like most things in the VC it's up to the officer to decide if he wants to enforce it or not.

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I got pulled over once for standing. The cop screwed around for about an hour trying to figure out something to ticket me for but ended up letting me go with no citation? That was a strange experience. He even had a 2nd car come and they screwed around for literally an hour and ended up doing nothing with me sitting on the side of the road.

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.... Like most things in the VC it's up to the officer to decide if he wants to enforce it or not.

What that really means is if you get a coucil member (not a real judge) you are guilty even if you are not. This is why you request a judge and they will throw it out. The law is the law, not an officer's "opinion" on the matter.

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David - I read Randy's post as it's the officer's discretion if they wanted to enforce the law, not form an opinion IF it's a law. I agree with your assessment and Spaugh, that was an illegal detention once it went over 20 minutes. As retired and pro-LE, I can't stand it when LE doesn't have the facts/law to back up their actions. Just like dealing with incompetence in any profession, it makes it hard on those following behind that sort of action.

I also emailed CHP on this after searching for an answer. See what happens.

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I used my magical lawyer powers to research this. I could not locate any California Vehicle Code section which prohibits standing on the footpegs (or footrests as they're referred to in the VC).

I also spoke with my dad (CHP ret.) and a friend (SDPD) and both of them said it is not specifically prohibited. However, they both also said that if it is being done unsafely, an officer could write you up for reckless driving.

I was pulled over for it once and given a warning. The officer said it was unsafe to stand in traffic because you cannot brake as quickly or safely. He just gave me a warning since I wasn't being an ass, I was just hot in the junk and stood to cool the boys down. He appreciated my candor. :heh:

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Vehicle Code § 23103. Reckless driving

(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

You can be the "person." Your bike can the "property."

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More like other people and their property.

It is definitely more difficult to panic brake and control standing up but not sure it constitutes wreckless driving. Ultimately that code is a catchall for discretionary decisions by the Leo. As you can see just from this thread, it's a grey area.

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More like other people and their property.

It is definitely more difficult to panic brake and control standing up but not sure it constitutes wreckless driving. Ultimately that code is a catchall for discretionary decisions by the Leo. As you can see just from this thread, it's a grey area.

yourself and your property = misdemeanor

others = felony

At least Riverside judges saw it this way.

You're not off the hook just because you're the only one on the road. That's all I was getting at.

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I must disagree on the braking and avoidance of standing on the pegs.

Main point being I have better lines of sight over and around vehicles which will prevent me from needing "emergency actions" and we know that a bike will outbrake and outmanuever a car so hard braking and srlteering should be avoided in the name of safety.

Secondary point being it is a discretionary decision by the officer to hit me with a very high point violation then shouldnt I as the owner and operator of said vehicle, knowing the limits of myself and my equipment, be the one to decide why is safe? I have a hard time believing that the officer knows my skill, my equipment, or the situation better than I.

Lastly, I have been pulled over more times than I care to admit, but typically I have no qualms. This one and two other instances in 36 years I took exception to.... Even been pulled over for speeding (I was) but the officer told me if I had ran he knew he wouldnt have been able to catch me. Not that it matters but I am pro-LE with the exception of the "10%" I just expect that if I am to be held to a certain standard that the rules apply to everyone. This isn't a love/hate cops thread, it is just trying to separate the wheat from the chaff.

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So long as you can prove your in control of your vehicle(shifting-braking) at all times and operating (peeking over cars) safely.

I stand up to stretch when riding on street(as long as no popo watching).

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