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Stupid recall? What am I missing?

Hopefully I wont encounter an issue traveling. I've connected my camper lights via a Hexcan and set the brake lights to flash three times then remain steady, this option is supposed to be in compliance with California legislation, but by the sounds of it not other jurisdictions. We'll see I guess.
 
Hopefully I wont encounter an issue traveling. I've connected my camper lights via a Hexcan and set the brake lights to flash three times then remain steady, this option is supposed to be in compliance with California legislation, but by the sounds of it not other jurisdictions. We'll see I guess.

I've ridden two RTs about 90,000 miles around the US. I've had Skene P3 (rear) lights on both bikes, always set to the three-flashes, then full-bright for braking. I've never had a conversation about the lighting characteristics with an LEO.
 
Except that, in the case of motor vehicle standards, federal rules override state laws. It's called federal preemption. Here's a quote from Title 49 United States Code, Section 30103b:

"When a motor vehicle safety standard is in effect under this chapter, a State or a political subdivision of a State may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter."

In other words, the state law needs to read the same as the federal standard. Here in NY the law regarding helmets had to be changed because NY required 4 square inches of reflective material on each side of the helmet. The law now reads simply to comply with FMVSS 218.

If you take your bike to a dealer for service they are obligated to perform the recall. They don't have a choice.

I’m familiar with federal preemption. Not sure how the conflict is resolved in this case. I’d have to do more research, but I expect there is permissive language somewhere that allows it. For example, the Fed regs may apply to new vehicles only, but don’t control subsequent modifications. So a new vehicle must be delivered in compliance with the federal laws, but that doesn’t prevent an owner from making modifications so long as those modifications are legal within the state. (I’m not stating that this is the case, only that law is very nuanced.)

Or maybe my state has concluded that since no federal entities are writing tickets for traffic code violations within their jurisdiction, there is no enforcement mechanism.

Here is the Code of Virginia as it relates to this topic. Note that a dipping (winking/modulating) headlight is also permitted:

§ 46.2-1012. Headlights, auxiliary headlights, tail lights, brake lights, auxiliary lights, and illumination of license plates on motorcycles or autocycles.
Every motorcycle or autocycle shall be equipped with at least one headlight which shall be of a type that has been approved by the Superintendent and shall be capable of projecting sufficient light to the front of such motorcycle or autocycle to render discernible a person or object at a distance of 200 feet. However, the lights shall not project a glaring or dazzling light to persons approaching such motorcycles or autocycles. In addition, each motorcycle or autocycle may be equipped with not more than two auxiliary headlights of a type approved by the Superintendent except as otherwise provided in this section.

Motorcycles or autocycles may be equipped with means of modulating the high beam of their headlights between high and low beam at a rate of 200 to 280 flashes per minute. Such headlights shall not be so modulated during periods when headlights would ordinarily be required to be lighted under § 46.2-1030.

Notwithstanding § 46.2-1002, motorcycles or autocycles may be equipped with standard bulb running lights or light-emitting diode (LED) pods or strips as auxiliary lighting. Such lighting shall be (i) either red or amber in color, (ii) directed toward the ground in such a manner that no part of the beam will strike the level of the surface on which the motorcycle or autocycle stands at a distance of more than 10 feet from the vehicle, and (iii) designed for vehicular use. Such lighting shall not (a) project a beam of light of an intensity greater than 25 candlepower or its equivalent from a single lamp or bulb; (b) be blinking, flashing, oscillating, or rotating; or (c) be attached to the wheels of the motorcycle or autocycle.

Every motorcycle or autocycle registered in the Commonwealth and operated on the highways of the Commonwealth shall be equipped with at least one brake light of a type approved by the Superintendent. Motorcycles or autocycles may be equipped with one or more auxiliary brake lights of a type approved by the Superintendent. The Superintendent may by regulation prescribe or limit the size, number, location, and configuration of such auxiliary brake lights.

Every motorcycle or autocycle shall carry at the rear at least one or more red lights plainly visible in clear weather from a distance of 500 feet to the rear of such vehicle. Such tail lights shall be constructed and so mounted in their relation to the rear license plate as to illuminate the license plate with a white light so that the same may be read from a distance of 50 feet to the rear of such vehicle. Alternatively, a separate white light shall be so mounted as to illuminate the rear license plate from a distance of 50 feet to the rear of such vehicle. Any such tail lights or special white light shall be of a type approved by the Superintendent.

Motorcycles or autocycles may be equipped with a means of varying the brightness of the vehicle's brake light upon application of the vehicle's brakes.
 
vark,

I haven't seen any permissive language that lets the states to set their own standards in conflict with federal standards. However, you're correct about owner modifications. The federal standards apply to manufacturers, dealers, repair shops and the like, but not to individuals. Any enforcement actions against individuals is up to the states, and I suspect most police officers are fairly ignorant of many of the requirements. But the civil penalties for non-compliance by manufacturers and such are severe. Fines of up to $21,000 per occurrence may be leveled, up to a maximum total of $105,000,000. That means that, if they wanted to, the feds could go after any retailer that sells flashing brake light kits to the tune of $21,000 per unit sold.

As for headlight modulators, the federal lighting standard specifically allows them, subject to certain requirements on their operation. So, because of federal preemption, no state can declare them to be illegal. And, since the federal standard does not address auxiliary lights at all, the states are free to set their own standards.
 
Be looking for a Triumph recall, if NHTSA is paying any attention. But since they are complaint driven maybe not. Unless Triumph riders are complaining after club rides. :)

Actually, it's an 04 TBS and the flashing was done with just an aftermarket bulb...I'm not aware that any Triumph has this as a factory feature- sounds like a German thing.
 
Not just a hypothetical situation

I was at a BMW Dealership getting work done on my motorcycle (oil change). As I was waiting, a man (investigator) approached the Service Manager and asked to see a motorcycle that was declared a total loss (K1600B). The Service manager replied that he wrote the estimate on the bike (a $40K loss) and released the bike for salvage. After the Investigator left I asked the Service Manager how could the estimate exceeded the cost of the bike. The Service Manager replied that the estimate to repair did exceed the cost of the bike and that was why it was declared a total loss (cost more to fix than replace). The Service Manager also said that the Investigator was from a law firm. The strange part was that the law firm was representing the person who struck the motorcyclist from the rear (at fault party).
Since the bike was declared a total loss, you would have to presume that the accident was serious. If the accident was serious that means a big payout by the insurance company. If the insurance company pays out serious money, maybe they hired the law firm who hired the Investigator. What was the Investigator looking for? A modified motorcycle which the law firm could say caused or contributed to the crash?
 
If the insurance company pays out serious money, maybe they hired the law firm who hired the Investigator. What was the Investigator looking for? A modified motorcycle which the law firm could say caused or contributed to the crash?

See post # 18
 
An interesting thread. I've seen add-on lights that flash when the brakes are applied and think it an excellent idea. It certainly caught my attention, and fast.

In the case of add-ons, the original brake light will act normally so it seems if there is no alteration in that it would comply with the law.

It's hard to understand some of the legal idiocy around motorcycles and safety.
 
In the case of add-ons, the original brake light will act normally so it seems if there is no alteration in that it would comply with the law.

The federal standard simply says that brake lights must be "steady burning." So the company that sold the unit is in violation of the federal statute prohibiting the sale of non-compliant equipment, and the rider would be in violation if the state enforced the federal requirements due to federal preemption.
 
SUV police vehicles ‘round here use the pulse brake light system. I think it’s “Back-Off” that sells a kit to be used on less complicated bikes.
OM
 
I've been running flashing brake lights for over 12 years. Mostly Hyper-Lites, but more recently a lite designed for emergency vehicles that costs less than $15 on Amazon. Never been an issue with a LEO or citizen, but I've not lived in a state with an inspection requirement. Interesting that California has a law that sets a standard for flashing brake lites; flash three time then goes steady. Odd that a state would have a law covering how to violate a Federal regulation. The HEX ezCAN even has a setting one can choose for flashing rear lites that is called "California compliant".
 
SUV police vehicles ‘round here use the pulse brake light system. I think it’s “Back-Off” that sells a kit to be used on less complicated bikes.
OM

The Ardmore Light Bar is programmable but in factory configuration flashes three times and then goes steady red when the brake is applied.
 
I've been running flashing brake lights for over 12 years. Mostly Hyper-Lites, but more recently a lite designed for emergency vehicles that costs less than $15 on Amazon. Never been an issue with a LEO or citizen, but I've not lived in a state with an inspection requirement. Interesting that California has a law that sets a standard for flashing brake lites; flash three time then goes steady. Odd that a state would have a law covering how to violate a Federal regulation. The HEX ezCAN even has a setting one can choose for flashing rear lites that is called "California compliant".

Yup.

Again, I have not researched this extensively, but I do know that federal preemption isn’t a blanket over-ride of everything and anything a state does. The law is nuanced and full of exceptions. As previously mentioned, my hunch is the fed rules set a standard for new equipment sales, but after point-of-sale state laws apply.

For example new autos sold in the US are required to have a front and rear license plate bracket. But many states only require a single rear plate, and vehicles from those states remain compliant even when travelling in states with a 2-plate requirement. This is just an example of the interplay between state and federal requirements, all of which is perfectly legal.

I am not worried one iota about my flashing rear brake light. It’s expressly legal in my state and I ride in other states with no issues at all.
 
I've been running flashing brake lights for over 12 years. Mostly Hyper-Lites, but more recently a lite designed for emergency vehicles that costs less than $15 on Amazon. Never been an issue with a LEO or citizen, but I've not lived in a state with an inspection requirement. Interesting that California has a law that sets a standard for flashing brake lites; flash three time then goes steady. Odd that a state would have a law covering how to violate a Federal regulation. The HEX ezCAN even has a setting one can choose for flashing rear lites that is called "California compliant".

Remind me to consult you on this when I get around to doing some work on the F800GS. :thumb
OM
 
Excerpts from Oregon Revised Statues 186.100:

4) Except as provided in subsection (11) of this section, brake lights shall emit a steady burning light.

(11) Brake lights for motorcycles may flash intermittently, provided that the brake lights do not override the rear turn signal function. [1983 c.338 §458 (7); 1985 c.16 §240 (7); 1985 c.69 §1 (7); 1985 c.71 §4 (7); 1985 c.393 §13 (7); 1985 c.420 §6 (7); 1997 c.492 §2; 2003 c.158 §24]

My 09 R1200RT has OEM brake lights, but I have red Skene Photon Blasters on either side of the license plate bracket which are controlled by the Hex ezCAN to flash on braking.

Never experienced a problem here in the Pacific NW and feel they increase my chances of being seen and not rear-ended.


Sent from my iPad using Tapatalk
 
In NC the local constabulary are not bothered by motorcyclists having a flashing brake light. There is little likelihood that a driver will be confused by the flashing light. In particular there is little likelihood of confusing a flashing motorcycle brake light with an emergency vehicle. It is the federal guidelines that are confused.

The Motorcycle Safety Foundation specifically recommends that one flash the brake light to alert astern motorists that one is stopping and to encourage tailgaters to back off. See page 25 in MSF Motorcycle Operator Manual.

https://msf-usa.org/downloads/mom_v16_GS_low_res.pdf

brake-flash-1.jpg

Why would one want a high degree of conspicuity when braking???

rear-ended at about 4:18
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rear-ended at about 0:19
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rear-ended at about 0:07
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compilation of multiple instances of motorcycle being rear-ended
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