Kisan modulator and Kazoo county sheriff

proof read

dbrick said:

That's a good letter, Tom: clear, direct, polite.

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No it is not. It is so full of typos and grammatical errors that I would dismiss it immediately.

JDOCKERY132445 said:

No it is not. It is so full of typos and grammatical errors that I would dismiss it immediately.

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Perhaps, Jerry, but my experience with law enforcement and elected officials (decades of both criminal defense and local government law practice) informs me that these recipients are not English teachers. Yes, one must meet a minimal level of coherence to communicate, and the OP's letter did. One does not need to tender a Ph.D thesis.

Agreed. He's trying to communicate with a police officer. I was one and still work with them on a daily basis. Trust me when I tell you they are not spelling police, grammer police or any thing close to someone that might discard an email because of the way it's written.

As an email to the Sheriff, it's fine and gets the message across. However, as noted, emails may get some attention but paper someone had to sign for gets far more attention.

MarkM said:

I'm not a fan either, but maybe not as annoyed as you are. Wrong color headlights can be annoying too. I don't like the idea of annoying other drivers--maybe that's what triggered the officer to pull Tom over. I'd much rather put the money towards MotoLights to increase conspicuousness.

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I also find them Quite annoying. I use Moto lights to form a triangle for safer riding.

MotorradMike said:

In my opinion that's the best you can do on the highway.

Teaching LEO's the letter of the law is a really bad plan.
I'm not 100% sure all my lighting is legal but I'm ready to cut wires or unplug stuff on the side of the road to avoid a ticket.

Hope you didn't get a ticket.

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As a retired LEO after 30 years I will confirm that "teaching LEO's the letter of the law" or aguing your case on the side of the road is a very bad idea. The court is the provided venue for that. And if you were cited, the law is obviously on your side on this one. And it's in a public forum if the lesson is taught there.

I use a headlight modulator on my R1200RT and R75/5. I have them on most of the time in daylight. I turn them off when following a car closely or when stopped at a stop sign or stop light behind another vehicle. So I mainly use them to show approaching cars and cars waiting at intersections or turning left that I am on the roadway.

I also have Motolights on my R1200RT. They are off most of the time. When I feel I may be in a dangerous situation, however, I turn them on as well as have the modulator on. I also wear a white full-face helmet (http://www.bmwdean.com/white-helmets.htm) and retroreflective jackets or vests. I do not know what else I can to be visible to approaching cars or cars at intersections. I have not tried waving my arms vigorously.

I got this answer

Thomas,

Your question was the first one I have had on the topic. I researched your question with the Michigan State Police website. To answer your question I have copied the information from the site:





Motorcycle Headlamp Modulators

It has come to the attention of the Traffic Services Section that some motorcycle operators have been stopped and ticketed for having installed headlamp modulators. A modulator causes the headlamp to flicker at a set rate and intensity.

The tickets have been improperly written under MCL 257.698(5), which states The use or possession of flashing, oscillating, or rotating lights of any color is prohibited except as otherwise provided by law Motorcycle headlamp modulators are otherwise provided by law under MCL 257.698(4), which states in part Unless both covered and unlit, a vehicleshall not be equipped with a lampunless expressly required or permitted by this chapter or that meets the standards prescribed in 49 C.F.R. 571.108. Motorcycle headlamp modulators are allowed as a safety device pursuant to 49 CFR 571.108 S7.9.4.

Legal devices can be used on either low-beam or high-beam, but not both, and will flicker approximately 240 times per minute. Properly working devices will give the appearance of a loose connection. Devices that alternate between high-beam and low-beam are illegal.



I hope this helps.



Lt. VanDyken

I got the from Kisan

Kisan manufactures all pathBlazer headlight modulators in full compliance with the FMVSS 108. A single headlamp is modulated between Full and 17% intensity, whereas dual headlamps are modulated similarly but synchronized.


Following link will serve as Manufacturing Certification.
https://www.kisantech.com/regulations.php

Andy
andy@kisantech.com

I have a print-out of the legal authority to operate my modulating headlight with the paperwork for my bike. If the officer wants to see my registration and proof of insurance, he'll also see 49 CFR 571.108 S7.9.4, which permits me to operate a flashing headlight at four flashes/second on my motorcycle between dawn and dusk.

I don't look at it as being confrontational with the officer. I view it as an opportunity to educate someone who obviously doesn't know the law when it comes to motorcycle headlights. There are right ways to educate a LEO, and there are wrong ways to educated LEOs, and I advocate using a diplomatic approach.

If the law supports you not getting a ticket, or otherwise endorses the equipment you're operating, let the LEO know that you have a different take on the situation - and a copy of the law to back up your position. Every police officer knows federal law trumps state and local laws, and producing a copy of the rules from the Code of Federal Regulations can't hurt your position.

I'm willing to bet that many LEOs will look at your federal citation and consider it before writing a ticket. If you're arrested for offering the officer a copy of a federal law to support your contention that your equipment is legal, you'll find yourself a wealthy person in a few years at the conclusion of your civil suit against the police department.

I'm utterly unimpressed by headlight modulators. I'm all about some tailight/braklight flashing though.

I keep a copy of the federal statute with my registration. I'm a criminal defense paralegal for the Seattle/King County Public Defender, so I'm not shy when it comes to politely reminding a law enforcement officer that federal laws always trumps state and local laws.

If the LEO wants to escalate the encounter and attempt to cite me with obstruction (we call that "contempt of cop" in my business), I'll be happy to share the federal statute with the prosecuting attorney for the jurisdiction that doesn't like headlight modulators.

Having said all of that, I ALWAYS have my modulator on when riding between dawn and dusk, and I've ridden 75,000 miles with my headlight flashing - through big cities and remote small towns - and I've never had a LEO take issue with my flashing headlight.

Maybe it's because my flashing headlight is on the front of an all-white RTP...

I've attached a copy of the statute I carry in my radio box, kept dry in the Ziploc bag along with my registration and proof of insurance card.

dbrick said:

Perhaps, Jerry, but my experience with law enforcement and elected officials (decades of both criminal defense and local government law practice) informs me that these recipients are not English teachers. Yes, one must meet a minimal level of coherence to communicate, and the OP's letter did. One does not need to tender a Ph.D thesis.

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But the letter doesn't come close to "minimal level of coherence to communicate". They do make a spell checker and a letter would have been better.

I think I'll buy one for my trip

I'm going to hit the road for Kalamazoo County sometime this Summer so I think I'll put one in just for that trip. The LEO will have the option of being embarrassed in front of me at roadside or having a Judge do it in a courtroom. Yup I run the risk of a "run in" and real up close and unfriendly exam but I'm never one to shy away froma good time. Most LEO's by far are great guys and treat the public fairly and in a manner they would expect if the badge were on the other shirt. There's a few out there that just make it difficult for the good ones to get the respect and appreciation they deserve.

I find the best practice is tell them they don't know anything and that you pay their salary. Remind them how you are actually their boss and that they work for you and to follow orders or scram. I am not saying that works for me but may work for you.