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Motorcycle Endorsement Laws

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  #21  
Old 02-09-2012, 08:10 AM
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Here in Northeast Ohio, the police cars has cameras mounted to them and they automatically run your plates. If you have a clear, unrestricted driver's license and just been endorsed with motorcycle license, this is the person we are talking about. Lets assume the person has no warrants or anything of that nature. With the example I started off with, it doesn't appear that the rider did anything. It appears he was pulled over because he was a first year endorsed rider. I agree with you, there is nothing that states that all restrictions are lifted except for the helmet on your first year of being endorsed. As a rider myself, I just would like to clear all this up for myself and fellow riders as to what the law is for a first year endorsed rider. Like I stated before, I don't want to be pulled over and told to go home or risk getting a ticket or something of that affect if I am clearly not breaking the law. But "Clearly" is the key word, am I or am I not breaking the law if I'm on the Highway, riding at night, etc? This is the question that we in Ohio would like to know! I agree, if there are Officers in this forum, please inform us about this. Point us in the direction where it clearly states the law of this. If the only restriction for a first year endorsed rider is wearing a helmet, please point us in the direction of this law so that we maybe able to print it out and carry it with us, in the invent of this happening to us.
 
  #22  
Old 02-09-2012, 11:47 AM
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The problem you're facing then is that you're looking for language in regards to law that likely doesn't exist. Laws are generally written in the assumption that you have rights to do whatever you want up until the law tells you you can't.

Laws usually dictate the requirements for things and prohibits actions. The law would become extremely cumbersome and unreadable if it were congested with specific language telling you everything you can do. (rights)

Sounds like the best thing to give yourself peace of mind is to call your local state patrol office's front desk and ask the officer of the day if he can explain the law to you. Explain your situation and see what he says.

But, if the law doesn't state that you can't do something, then you pretty much can.

Ignorance of those laws is never considered an excuse though.

The problem is that it sounds like the ignorance in this situation, is on the LEO's part. That's not entirely uncommon. Here in Louisiana they created a law in late 2009 requiring cars to give 3 feet of space when passing a bicyclist on the road. This carries a minimum fine of $250 just for the space, regardless of if there is a collision or not. 2 weeks ago 3 riders were run over in 2 separate incidents in a 36 hour period in a nearby town. In both instances the officers on the scene weren't fully aware that the 3-foot rule was a "law" instead of a "suggestion".

*edit* P.S. -- what jurisdiction is the police that is pulling everyone over stating this? Cause in this situation, these rights of the license are granted by the state, and typically a municipality (city/town/etc) can't limit those rights except in certain situations. They have to get around it in other ways. Say your town doesn't want kids on the streets between midnight and 6am. They can't restrict your license, they don't have the power. But they can create a general curfew for youths under whatever age. Has nothing to do with the license. But this doesn't sound like the case here, as the officer specified that it was the license endorsement that restricted nighttime driving.
 

Last edited by adrenalnjunky; 02-09-2012 at 12:12 PM. Reason: damn you autocorrect!!
  #23  
Old 02-09-2012, 12:52 PM
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I agree with you, but for the peace of mind and to stop unneccesary ignorance in the law (whether citizens or law enforcement), everyone should know. I mean if a first year endorsed rider is only restricted to only wearing a helmet for the first year, why is everyone (citizens and law enforcement) so confused on this? This is the point I'm trying to make. For example, if you are intoxicated (in Ohio) more than 0.04% BAC, you are violating the law. There is no gray area there! Everyone knows, citizens and law enforcement. So why can this not be so clear?
 
  #24  
Old 02-09-2012, 02:13 PM
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Email from American Motorcyclist Association‏ about this topic:


Dear trendsettas,
In Ohio you are a “novice” for the first year after you get your endorsement. A novice carries all the privileges of a regular motorcycle endorsement, with the exception that novices are required to wear a helmet. Because the operator is required to wear a helmet, any passengers are also required to wear a helmet for the operator’s “novice” year.
I hope this information is helpful. If you have any further questions, please feel free to contact me either through this email or at the telephone number below.
Sincerely,
Marie Esselstein
Government Affairs Assistant
American Motorcyclist Association
13515 Yarmouth Dr.
Pickerington, OH 43147
(800) AMA-JOIN
(614) 856-1900, ext. 1224
 
  #25  
Old 02-09-2012, 02:52 PM
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Another email from AMA:

Attached is ORC 4511.53, which covers motorcycle temporary licensing and the restrictions imposed on holders of the TIPIC (Temporary Instruction Permit Identification Card).

The first highlighted paragraph covers the “novice” rider and shows the helmet requirement.

The rest of the highlighted paragraphs cover the TIPIC holder.

The section you are interested in is quoted here:

“No person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses
or other protective eye device. No person who is under the age of eighteen years, or who holds a
motorcycle operator’s endorsement or license bearing a “novice” designation that is currently in effect
as provided in section 4507.13 of the Revised Code, shall operate a motorcycle on a highway, or be a
passenger on a motorcycle, unless wearing a protective helmet on the person’s head, and no other
person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a
protective helmet. The helmet, safety glasses, or other protective eye device shall conform with rules
adopted by the director of public safety. The provisions of this paragraph or a violation thereof shall
not be used in the trial of any civil action.”

The direct link to the statute is:http://codes.ohio.gov/orc/4511.53

4511.53 Operation of bicycles, motorcycles and
snowmobiles.
(A) For purposes of this section, “snowmobile” has the same meaning as given that term in section
4519.01 of the Revised Code.
(B) No person operating a bicycle shall ride other than upon or astride the permanent and regular seat
attached thereto or carry any other person upon such bicycle other than upon a firmly attached and
regular seat thereon, and no person shall ride upon a bicycle other than upon such a firmly attached
and regular seat.
No person operating a motorcycle shall ride other than upon or astride the permanent and regular seat
or saddle attached thereto, or carry any other person upon such motorcycle other than upon a firmly
attached and regular seat or saddle thereon, and no person shall ride upon a motorcycle other than
upon such a firmly attached and regular seat or saddle.
No person shall ride upon a motorcycle that is equipped with a saddle other than while sitting astride
the saddle, facing forward, with one leg on each side of the motorcycle.
No person shall ride upon a motorcycle that is equipped with a seat other than while sitting upon the
seat.
No person operating a bicycle shall carry any package, bundle, or article that prevents the driver from
keeping at least one hand upon the handle bars.
No bicycle or motorcycle shall be used to carry more persons at one time than the number for which it
is designed and equipped, nor shall any motorcycle be operated on a highway when the handle bars or
grips are more than fifteen inches higher than the seat or saddle for the operator.
No person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses
or other protective eye device. No person who is under the age of eighteen years, or who holds a
motorcycle operator’s endorsement or license bearing a “novice” designation that is currently in effect
as provided in section 4507.13 of the Revised Code, shall operate a motorcycle on a highway, or be a
passenger on a motorcycle, unless wearing a protective helmet on the person’s head, and no other
person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a
protective helmet. The helmet, safety glasses, or other protective eye device shall conform with rules
adopted by the director of public safety. The provisions of this paragraph or a violation thereof shall
not be used in the trial of any civil action.
(C)(1) No person shall operate a motorcycle with a valid temporary instruction permit and temporary
instruction permit identification card issued by the registrar of motor vehicles pursuant to section
4507.05 of the Revised Code unless the person, at the time of such operation, is wearing on the
person’s head a protective helmet that conforms with rules adopted by the director.
(2) No person shall operate a motorcycle with a valid temporary instruction permit and temporary
instruction permit identification card issued by the registrar pursuant to section 4507.05 of the Revised
Code in any of the following circumstances:
(a) At any time when lighted lights are required by division (A)(1) of section 4513.03 of the Revised
Code;
(b) While carrying a passenger;
(c) On any limited access highway.
(D) Nothing in this section shall be construed as prohibiting the carrying of a child in a seat or trailer
that is designed for carrying children and is firmly attached to the bicycle.
(E) Except as otherwise provided in this division, whoever violates this section is guilty of a minor
misdemeanor. If, within one year of the offense, the offender previously has been convicted of or
pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty
of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has
been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section
is guilty of a misdemeanor of the third degree.
Amended by 129th General Assembly File No. 7, HB 114, § 101.01, eff. 6/29/2011.
Effective Date: 01-01-2004; 09-21-2006; 2008 HB562 09-22-2008
Lawriter - ORC - 4511.53 Operation of bicycles, motorcycles and snowmobiles. Page 2 of 2
http://
 

Last edited by trendsettas; 02-09-2012 at 03:09 PM.
  #26  
Old 02-10-2012, 07:36 AM
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Like I said...looks cut and dry to me.
 
  #27  
Old 02-10-2012, 09:15 AM
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Yes it is cut and dry! I'm going to post something the Governor's Office emailed me. If you are in the State of Ohio and you are a first year (Novice) endorsed rider, I suggest you print this card out and carry in your bike for the first year in case they stop you at night, on highway, etc.
 
  #28  
Old 02-10-2012, 10:03 AM
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Thank you for your letter regarding the novice motorcycle law. I have been asked to respond on behalf of the Governor. The correct law is the one you referenced and I have included the part that affects you below. I have also attached a card on Motorcycle Laws and Regulations we send to law enforcement agencies to assist officers with motorcycle related laws.

Please furnish me with the police agency that stopped you so I can send them the laws card for their officers. I am sorry you got stopped and would like to get this corrected.

Please let me know if you need any further information.

Bob

4511.53 Operation of bicycles, motorcycles and snowmobiles.
No person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses or other protective eye device.No person who is under the age of eighteen years, or who holds a motorcycle operator’s endorsement or license bearing a “novice” designation that is currently in effect as provided in section 4507.13 of the Revised Code,shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on the person’s head, and no other person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a protective helmet. The helmet, safety glasses, or other protective eye device shall conform with rules adopted by the director of public safety. The provisions of this paragraph or a violation thereof shall not be used in the trial of any civil action..

Motorcycle Laws and Regulations
Law Enforcement Resource Guide
Registration 4503.11 – Must register their vehicle and have a valid license plate
License 4510.12 Must have a valid two wheeled vehicle instruction permit or a motorcycle endorsement on their driver license
Temp Permit Restrictions - 4507.05
No Passengers
No Night Riding
Not valid on congested roads and interstate highways
Must wear a DOT approved Helmet
Temp permit valid for 1 year from date of issue
Novice Restrictions
Must wear DOT approved helmet for one year
Restrictions for operators under 18 years of age:
Take an approved motorcycle driver training program. 4507.02(F)
Driver / passenger must wear DOT approved helmet
4507.14 -Operating outside registrar imposed restriction
4508.08 - Motorcycle Safety & Education Program
4509.101 - Must have and carry proof of FRA
4511.19 - OVI / Impaired Driving –
NHTSA Cues on back
4511.53
Must wear protective eye wear
Handle bars / grips can not extend more than 15 inches above operator’s seat / saddle
Helmet must be DOT approved (Only those that have a restriction mandating helmet use).
Operator / passenger must face forward on permanent attached seat / saddle – sitting astride.
4511.55 -Two motorcycles may ride abreast in one lane
4513.04 –Headlight- minimum one / maximum two
4513.05 - One tail light and white light to illuminate license plate.
4513.20 - Brake – minimum one hand or foot operated
4513.21 - Horn – under normal conditions audible from minimum 200 feet.
4513.22 -Muffler(s) – must have baffle plate(s)
4513.23 –Mirror – minimum of one with unobstructed view to the rear
4513.26.1 – Turn Signals – Mandated on all bikes manufactured after January 1, 1968

 
 
 
 
 
 
Administrative Code
4501-17-01
- Protective Helmet
4501-17-02 - Protective Helmet – Test Standards
4501-17-04 – Protective Eye Devices – Goggles, Glasses, Windscreen – a transparent device mounted on a motorcycle forward of the operator designed to deflect wind and/or objects from the body and face of the operator and passenger and which is of such a height, construction and durability as to actually protect the riders when seated in a normal riding position for the particular vehicle being operated

ORC 4510.12-Operating a Motorcycle without a Permit or Endorsement
First Offense (Unclassified Misdemeanor)
Max $1000 fine and / or community Service
Second Offense (Misdemeanor 1)
Max $1000 fine and/or Max 6 months in JAIL
Motorcycle
OVI DETECTION GUIDE
NHTSA has found that the following cues predicted impaired motorcycle operation
Excellent Cues (50% or greater probability)
Drifting during turn or curve
Trouble with dismount
Trouble with balance at a stop
Turning problems (unsteady, sudden, corrections, late braking, improper lean angle)
Inattentive to surroundings
Inappropriate or unusual behavior (carrying or dropping object, urinating at roadside, disorderly conduct
Weaving
Good Cues (30 – 50% probability)
Erratic movements while going straight
Operating without lights at night
Recklessness
Following too closely
Running stop light or sign
Evasion
Wrong way
 
MOP 0054 9/10




Robert D Secrest
Coordinator, Motorcycle Ohio
Ph: 614-466-4041 Fax: 614-728-8330
www.motorcycle.ohio.gov.

"Ride Like your life depends on it.....it does!"

Ride SMART
Sober
Motorcycle Endorsed
Alert
Right Gear
Trained
 
  #29  
Old 02-10-2012, 11:04 AM
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I was getting emails about the section 4511.53 where is stated something about highways, (4511.53 Operation of bicycles, motorcycles and snowmobiles.
No person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses or other protective eye device.No person who is under the age of eighteen years, or who holds a motorcycle operator’s endorsement or license bearing a “novice” designation that is currently in effect as provided in section 4507.13 of the Revised Code,shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on the person’s head,and no other person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a protective helmet. The helmet, safety glasses, or other protective eye device shall conform with rules adopted by the director of public safety. The provisions of this paragraph or a violation thereof shall not be used in the trial of any civil action..)
and most were interpeting that as you only need a helmet on the highway. So I sent and email out for clarification and this is what I got:

Just for clarification, “Highways” in this use is not restricted to Interstates and/or State Routes. The ORC 4501.01 defines Public Roads and Highways for vehicles as “all public thoroughfares, bridges, and culverts.”

Novice riders and their passengers must wear helmets anytime they are riding on public roads.

I hope this helps.

Sincerely,
Marie Esselstein
Government Affairs Assistant
American Motorcyclist Association
13515 Yarmouth Dr.
Pickerington, OH 43147
(800) AMA-JOIN
(614) 856-1900, ext. 1224
 
  #30  
Old 02-10-2012, 11:34 AM
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I double dog dare you to tell a cop during a stop that has doesn't understand the law for which he stopped you.

 


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