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Post by rangemaster on Mar 29, 2009 12:34:29 GMT -6
I was out running some errands today on my bike. I was in Surfside and I came out of a store and was getting on my bike and a lady in the car parked beside me said, "You'd better stay out of Myrtle Beach. They'll give you a ticket." So I said, "Really? What for?" She said, "You don't have a helmet and they just passed a law." I said, "That's OK, I ain't going in the city." She said, "Good. Don't go in there if you don't have to. That mayor is crazy."... Hmm - I see you met the MAYOR'S MOTHER!!!
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Post by freebird on Mar 29, 2009 22:13:48 GMT -6
;D Maybe it was McBrides Mother??? ;D
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Post by beachbikers1 on Apr 5, 2009 19:37:39 GMT -6
OK guys, I found some stuff for the ones that got tickets that had lids on but got tickets because the cop said it wasn't legal. GO here: www.calsci.com/motorcycleinfo/Tickets.htmlThe links they want you to copy to take with you (they don't work on the site): This one is FMVSS 49 C.F.R. 49 Sec. 571.218 edocket.access.gpo.gov/cfr_2003/octqtr/pdf/49cfr571.218.pdfThis one is Manufacturer Responsibility for Labeling FMVSS Rules Part 551 & 566: www.nhtsa.dot.gov/cars/rules/maninfo/newmanufacturer.pdfHere's the NHTSA Compliance Testing site so you can check to see if your helmet passed or failed when first put into production: www.nhtsa.dot.gov/cars/rules/maninfo/newmanufacturer.pdf I got this off of the California Helmet Law site, at least they tell you where to wear your helmet: (e) For the purposes of this section, "wear a safety helmet" or "wearing a safety helmet" means having a safety helmet meeting the requirements of Section 27802 on the person's head that is fastened with the helmet straps and that is of a size that fits the wearing person's head securely without excessive lateral or vertical movement. Also, reading over the Myrtle Beach law concerning eye protection there are no specifications what so ever describing protective eye wear. Technically a pair of ordinary sun glasses protect your eyes from UV rays and that's all you need during the day!
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Post by freebird on Apr 5, 2009 19:51:55 GMT -6
Beach... Great information.. Still reading.. Heck this might be a great opportunity to get out the Skully and have some fun
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Post by rangemaster on Apr 5, 2009 22:52:08 GMT -6
...Also, reading over the Myrtle Beach law concerning eye protection there are no specifications what so ever describing protective eye wear. Technically a pair of ordinary sun glasses protect your eyes from UV rays and that's all you need during the day! The "eye protection" issue was SPECIFICALLY addressed to the Myrtle Beach City Council at the regular meeting that conducted the 3rd and final reading, and thus formal establishment, of the ordinances. I was there, front row of the audience, and witnessed this firsthand. The question was posed from both the audience and back and forth among various city council members, the mayor, and city manager - during open discussion just before the vote was taken on that specific ordinance - to define and officially state what met the criteria of "eye protection". Their final response (which surely is documented on video and in any official written transcript of that meeting) stated that in addition to a windshield, helmet faceshield, or goggles - standard eyeglasses or even regular sunglasses would meet their requirement.
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Post by beachbikers1 on Apr 6, 2009 12:26:18 GMT -6
...Also, reading over the Myrtle Beach law concerning eye protection there are no specifications what so ever describing protective eye wear. Technically a pair of ordinary sun glasses protect your eyes from UV rays and that's all you need during the day! The "eye protection" issue was SPECIFICALLY addressed to the Myrtle Beach City Council at the regular meeting that conducted the 3rd and final reading, and thus formal establishment, of the ordinances. I was there, front row of the audience, and witnessed this firsthand. The question was posed from both the audience and back and forth among various city council members, the mayor, and city manager - during open discussion just before the vote was taken on that specific ordinance - to define and officially state what met the criteria of "eye protection". Their final response (which surely is documented on video and in any official written transcript of that meeting) stated that in addition to a windshield, helmet faceshield, or goggles - standard eyeglasses or even regular sunglasses would meet their requirement. Come on Range, not everyone was at that meeting and others may misinterpret the reading of THEIR law. Besides, when did you start believing what that bunch tells you and also it's the cop that gives you the ticket not them!
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Post by freebird on Apr 6, 2009 19:10:36 GMT -6
Well I guess I can at least pass that ordinance....
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Post by amsmith170 on Apr 7, 2009 5:25:35 GMT -6
Myrtle Beach cuts court for motorcycle helmet hearings
Myrtle Beach is scrapping the administrative hearing process it set up to deal with such civil infractions as the new motorcycle helmet law.
Those infractions will now be heard in municipal court.
City Manager Tom Leath said the change will probably save the city money, in that the two hearings officers it had hired will not be needed. The city had planned to pay them $125 an hour and anticipated they would work six to eight hours a month. A woman slows down her vehicle, leans out the window and snaps a photograph of Ralph Bell Jr. (second from left) getting a $100 ticket on Kings Highway in the Not a Dime in 2009 Freedom Ride on Saturday, Feb. 28, 2009. About 200 bikers rode from Murrells Inlet's Beaver Bar, north on Ocean Boulevard and south on Kings Highway from 29th Avenue North to protest the city's ordinance requiring motorcyclists to wear helmets. Bell is a member of the Columbia ABATE chapter. He and Rebel Tyler (right) were cited for not wearing a helmet while riding their motorcycles. As soon as the tickets were tucked away in their wallets, the men put on their helmets for the ride back to Murrells Inlet. The woman was not cited for stopping in the northbound traffic lane. Photo by Janet Blackmon Morgan / jblackmon@thesunnews.com
* Atlantic Beach Bikefest draws only one permit application * External Link Get complete biker coverage here
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Because they are infractions and not misdemeanors, the court does not have to assess fees that can double criminal court fines, so people found guilty will still simply pay the city's $100 fine, Leath said. The city made its decision Monday morning in the wake of the state Supreme Court's memo about administrative hearing courts. On March 23, Chief Justice Jean Hoefer Toal addressed a letter to city and county leaders across the state saying the administrative hearings courts set up to deal with smoking bans and other infractions were unconstitutional.
Myrtle Beach planned to use its hearings process to deal with citations given when people violate the city's new motorcycle helmet ordinance, its new juvenile curfew and other rules approved last fall in an effort to curb the motorcycle rallies that draw about 500,000 people to the Grand Strand each May.
City spokesman Mark Kruea said the city council will likely retract the ordinance regarding the administrative hearing process at its next meeting, a week from today.
Dozens of motorcyclists who rode through the city helmetless in protest on Feb. 28, the day the helmet ordinance became effective, were the first to be ticketed and were scheduled to appear in the administrative hearings court starting April 21. Those appearances will now be rescheduled until later in the spring or summer, the city manager said.
Tom McGrath, the Virginia attorney who is representing 49 of the nearly 60 people ticketed during the Freedom Ride, said he's sure his clients will appeal if they are convicted of the infractions.
He also represents William and Carol O'Day, a Myrtle Beach couple who own motels and ride motorcycles, in their lawsuit against the city. McGrath had asked the 15th Circuit Court to prohibit the city from the administrative court process, but the judge declined to issue such an order. He said he thinks the city is doing the right thing in setting aside the hearing process.
Leath said the police department will re-issue the 100 citations given as of Monday as ordinance summons. Gail Moyer, assistant to the city attorney, said not all citations given so far were for helmet violations. Some were for parties in parking lots - another of the newer ordinances. The violations remain civil infractions that do not carry criminal penalties.
City Council members could choose to turn them into misdemeanors, but Leath said he and other city staff members see no reason to do so.
Now that the infractions are being written up as ordinance summons, they become part of each issuing police officer's regular court load, and Leath said the city court shouldn't have any trouble absorbing them.
"There are not enough to make a big impact on the court," he said.
So - Now these tickets have to go through the same courts as any other traffic citation... At least they didnt try to go against the state courts. Now any ticket has an avenue for appeal up to higher courts, though.
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Post by freebird on Apr 7, 2009 6:22:28 GMT -6
www.wmbfnews.com/global/story.asp?s=10138973www.thesunnews.com/news/breaking_news/story/850193.htmlSECTION 56-7-80. County or municipal uniform ordinance summons. (A) Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons as provided herein for the enforcement of county and municipal ordinances. Upon adoption of the ordinance summons, any county or municipal law enforcement officer or code enforcement officer is authorized to use an ordinance summons. Any county or municipality adopting the ordinance summons is responsible for the printing, distributing, monitoring, and auditing of the ordinance summons to be used by that entity. (B) The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulates the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons Does Ellenturd have a law degree ?
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Post by captahab on Apr 7, 2009 8:55:05 GMT -6
OK guys, I found some stuff for the ones that got tickets that had lids on but got tickets because the cop said it wasn't legal. GO here: www.calsci.com/motorcycleinfo/Tickets.htmlThe links they want you to copy to take with you (they don't work on the site): This one is FMVSS 49 C.F.R. 49 Sec. 571.218 edocket.access.gpo.gov/cfr_2003/octqtr/pdf/49cfr571.218.pdfThis one is Manufacturer Responsibility for Labeling FMVSS Rules Part 551 & 566: www.nhtsa.dot.gov/cars/rules/maninfo/newmanufacturer.pdfHere's the NHTSA Compliance Testing site so you can check to see if your helmet passed or failed when first put into production: www.nhtsa.dot.gov/cars/rules/maninfo/newmanufacturer.pdf I got this off of the California Helmet Law site, at least they tell you where to wear your helmet: (e) For the purposes of this section, "wear a safety helmet" or "wearing a safety helmet" means having a safety helmet meeting the requirements of Section 27802 on the person's head that is fastened with the helmet straps and that is of a size that fits the wearing person's head securely without excessive lateral or vertical movement. Also, reading over the Myrtle Beach law concerning eye protection there are no specifications what so ever describing protective eye wear. Technically a pair of ordinary sun glasses protect your eyes from UV rays and that's all you need during the day! Beach sorry if it seemed I jumped to conclusions about this on the Pluck board. A man named Quig started the movement in California. He's gone now but he fought the CHP for a long time. They finally quit writing him tickets and he wore a baseball cap. I don't have his site right now but I'll get it when I get time. In the meantime check out these places. rightsriders.ldrlongdistancerider.com or bruce@ldrlongdistancerider.com www.fastfreds.com FastFred has court briefs on his site from his fights in NC. www.bikers of lesser tolerence- B.O.L.T. www.bikerrepublic.orgThere are many more.
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Post by adventure on Apr 7, 2009 10:08:46 GMT -6
Freebird Thank you for those Wonderfull and Insightfull Links. Mayor Todes and His clowncil are really back pedaling now, We are getting ready to see how fast they can pedal, and what will the expense to the tax payers. It will be a wonderfull day when the City Council Retracts Administrative-hearing ordinance.
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Post by freebird on Apr 7, 2009 16:49:36 GMT -6
Thank you to all who help make this such a great site and thank you all for the links and information. We are stronger together. It is a priveledge to put this site together so that all may be informed.
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Post by bigbuck on Apr 7, 2009 17:06:29 GMT -6
www.wmbfnews.com/global/story.asp?s=10138973www.thesunnews.com/news/breaking_news/story/850193.htmlSECTION 56-7-80. County or municipal uniform ordinance summons. (A) Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons as provided herein for the enforcement of county and municipal ordinances. Upon adoption of the ordinance summons, any county or municipal law enforcement officer or code enforcement officer is authorized to use an ordinance summons. Any county or municipality adopting the ordinance summons is responsible for the printing, distributing, monitoring, and auditing of the ordinance summons to be used by that entity. (B) The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulates the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons Does Ellenturd have a law degree ? I am sorry, But in my life 2 wrongs have never made a right. I need to find out where the toad and his clowncil got their education. There might be hope for me yet!!
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Post by beachbikers1 on Apr 7, 2009 20:16:11 GMT -6
OK guys, I found some stuff for the ones that got tickets that had lids on but got tickets because the cop said it wasn't legal. GO here: www.calsci.com/motorcycleinfo/Tickets.htmlThe links they want you to copy to take with you (they don't work on the site): This one is FMVSS 49 C.F.R. 49 Sec. 571.218 edocket.access.gpo.gov/cfr_2003/octqtr/pdf/49cfr571.218.pdfThis one is Manufacturer Responsibility for Labeling FMVSS Rules Part 551 & 566: www.nhtsa.dot.gov/cars/rules/maninfo/newmanufacturer.pdfHere's the NHTSA Compliance Testing site so you can check to see if your helmet passed or failed when first put into production: www.nhtsa.dot.gov/cars/rules/maninfo/newmanufacturer.pdf I got this off of the California Helmet Law site, at least they tell you where to wear your helmet: (e) For the purposes of this section, "wear a safety helmet" or "wearing a safety helmet" means having a safety helmet meeting the requirements of Section 27802 on the person's head that is fastened with the helmet straps and that is of a size that fits the wearing person's head securely without excessive lateral or vertical movement. Also, reading over the Myrtle Beach law concerning eye protection there are no specifications what so ever describing protective eye wear. Technically a pair of ordinary sun glasses protect your eyes from UV rays and that's all you need during the day! Beach sorry if it seemed I jumped to conclusions about this on the Pluck board. A man named Quig started the movement in California. He's gone now but he fought the CHP for a long time. They finally quit writing him tickets and he wore a baseball cap. I don't have his site right now but I'll get it when I get time. In the meantime check out these places. rightsriders.ldrlongdistancerider.com or bruce@ldrlongdistancerider.com www.fastfreds.com FastFred has court briefs on his site from his fights in NC. www.bikers of lesser tolerence- B.O.L.T. www.bikerrepublic.orgThere are many more. That's OK Capt! This is the place to post information. If just one person is helped by anything that is posted on a forum it's worth all the work and time to gather the information. It probably took my over 2 hrs. to gather all that info and if someone just used it to look up their helmet it was all worth it. You've added some info which I found very interesting and need to read further. But between Bird, myself and many others post useful information that some can use or find interesting. So keep it up, we all need to know as much as we can to bring down City Hall.
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Post by beachbikers1 on Apr 7, 2009 20:27:54 GMT -6
www.wmbfnews.com/global/story.asp?s=10138973www.thesunnews.com/news/breaking_news/story/850193.htmlSECTION 56-7-80. County or municipal uniform ordinance summons. (A) Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons as provided herein for the enforcement of county and municipal ordinances. Upon adoption of the ordinance summons, any county or municipal law enforcement officer or code enforcement officer is authorized to use an ordinance summons. Any county or municipality adopting the ordinance summons is responsible for the printing, distributing, monitoring, and auditing of the ordinance summons to be used by that entity. (B) The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulates the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons Does Ellenturd have a law degree ? Bird, you don't have the latest story link in your post. They want to rewrite the tickets and resend them to the Bikers so they're in the City's favor! www.thesunnews.com/news/local/story/850735.htmlI already emailed the column to Chief Justice Jean Toal early this morning!
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