Planet Bike Blaze Dynamo Report

On 7/1/2016 11:00 AM, sms wrote:

The bottom line is that if you have a front light with a daytime flash
mode, it would be foolish not to use it during the day...

I'd say it would be foolish to continue calling most of the world's
cyclists foolish. But SMS persists in his foolery.

--
- Frank Krygowski

On 7/1/2016 8:00 AM, sms wrote:

snip

Of course no police officer in the U.S. would ever cite a cyclist for
having a flashing light, front or rear, so there would never be such a
case that ever got to court (except for extremes like
http://tesladownunder.com/LEDBIKE1stLightonBike.jpg). Most police
departments don't train their officers on the distinctions between motor
vehicles and bicycles when it comes to the law.

Well apparently there was a ticket issued for a flashing rear light. And
for riding a bicycle without being in possession of valid driver's
license.
http://www.expertlaw.com/forums/showthread.php?t=118432&page=2&s=27389734cd1213503 573a553c5588942.

So if there's a police officer who doesn't know the law, and is looking
for an excuse to harass you, then all bets are off
http://www.expertlaw.com/forums/showthread.php?t=118432&page=2&s=27389734cd1213503 573a553c5588942.

On Friday, July 1, 2016 at 8:00:16 AM UTC-7, sms wrote:
On 6/30/2016 9:05 PM, jbeattie wrote:

snip

So Jay, here's the question for you, since you are the Oregon lawyer:

Does Oregon 815.280 (3) which states:

"(3) Nothing contained in this section shall be construed
to prohibit the use of additional parts and accessories on
any bicycle consistent with this section,"

fall under 814.200 (1)(b) "Application of vehicle laws to bicycles"
which states

(1) Every person riding a bicycle upon a public way
is subject to the provisions applicable to and has
the same rights and duties as the driver of any other
vehicle concerning operating on highways, vehicle
equipment and abandoned vehicles, except:
(a) Those provisions which by their very nature
can have no application.
(b) When otherwise specifically provided under the
vehicle code.

I suspect that 815.280 (3) was added to the code to allow for rear
flashers on bicycles, probably sometime around the time of the Belt
Beacon, or early LED flashers, in the 1970's or 1980's (the revisions to
Oregon laws are not available that far back online). In a lot of states
(and countries) the vehicle code was modified to not prohibit bicycles
from having flashing lights, but at the time there were only rear
incandescent or LED flashers and they didn't think about the possibility
of front flashers.

Yes, Washington modified its bicycle lighting statute by specifically allowing for rear LED flashers.

Lamps and other equipment on bicycles.
(1) Every bicycle when in use during the hours of darkness as defined in RCW 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which shall be visible from all distances up to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the rear may also be used in addition to the red reflector.
(2) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

Wisconsin has a similar statute allowing rear flashers: Wis. Stat. § 347.489
Maryland, too. Md. TRANSPORTATION Code Ann. § 21-1207

Utah,too -- but it clearly prohibits flashing lights on the front:

(3) A person may not use flashing lights on a vehicle except for:
(a) taillights of bicycles described in Section 41-6a-1114;


Utah Code Ann. § 41-6a-1616


Here is the Ohio law, which specifically refers to generators. Frank is probably responsible for that:

(A) Every bicycle when in use at the times specified in section 4513.03 of the Revised Code, shall be equipped with the following:
(1) A lamp mounted on the front of either the bicycle or the operator that shall emit a white light visible from a distance of at least five hundred feet to the front and three hundred feet to the sides. A generator-powered lamp that emits light only when the bicycle is moving may be used to meet this requirement.
(2) A red reflector on the rear that shall be visible from all distances from one hundred feet to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle;
(3) A lamp emitting either flashing or steady red light visible from a distance of five hundred feet to the rear shall be used in addition to the red reflector. If the red lamp performs as a reflector in that it is visible as specified in division (A)(2) of this section, the red lamp may serve as the reflector and a separate reflector is not required.


Ohio Rev. Code Ann. § 4511.56 (Page, Lexis Advance through file 84 (HB 512))


Arkansaw, no . . . Minnesota, yes! It's O.K. to have a front flasher. Minn. Stat. Ann. § 169.222

Move to Minnesota and flash your heart out.

There is no Oregon equivalent to the Minnesota statute stating that a front flasher is O.K. You can only justify a flashing light if it is deemed to be a "hazard light" -- or the vehicle falls into certain categories, e.g. an ambulance, school bus, hearse, etc. Otherwise, there is no clear exception to the prohibition on flashing lights -- front or rear.

The Oregon bicycle light statute is silent on whether a rear flasher is O.K.., but you could certainly argue that it is. The bike lighting statute says (talking about rear lights) "The lighting equipment must have a red reflector or lighting device or material of such size or characteristic and so mounted as to be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle."

A flasher is a "lighting device" -- although there is no express authorization for rear flashers as in many other states.

I guess a court would have to decide this. Can you create a completely
different set of laws for bicycle lighting, and also allow for
additional parts and accessories, and then insist that bicycles must
follow some of the laws regarding lighting but not others? Yes, to some
extent, i.e. flashing blue lights. The Belt Beacon used an amber lens
because, at the time, it was not illegal to have a flashing amber
warning light on slow-moving vehicles, at least that's what the
creator's said.

Of course no police officer in the U.S. would ever cite a cyclist for
having a flashing light, front or rear, so there would never be such a
case that ever got to court (except for extremes like
http://tesladownunder.com/LEDBIKE1stLightonBike.jpg). Most police
departments don't train their officers on the distinctions between motor
vehicles and bicycles when it comes to the law.

If you are some meth-head who just robbed a bank, and cops don't otherwise have probable cause to stop you, then yes, they will stop you if you have your DRL flashing. The wouldn't bother otherwise unless annoyed by your light.



The bottom line is that if you have a front light with a daytime flash
mode, it would be foolish not to use it during the day, and virtually
every battery powered front LED headlight sold (in the U.S.) has a
daytime flash mode. The legality of such a light may be murky; they are
not explicitly prohibited or explicitly permitted, but if every law were
perfectly clear then there would be less need for lawyers.

Flashers are clearly illegal on cars and probably illegal on bicycles except in Minnesota, but obviously that prohibition is not enforced.

And if they are O.K. for bikes, why not cars? I think I should have flashers on my car because people pull out in front of me all the time. I want a siren, too -- because I'm impatient, which causes me anxiety. My anxiety disorder must be accommodated. I also self-identify as an emergency vehicle..

-- Jay Beattie.

On 7/1/2016 3:17 PM, jbeattie wrote:
On Friday, July 1, 2016 at 8:00:16 AM UTC-7, sms wrote:
On 6/30/2016 9:05 PM, jbeattie wrote:

snip
-more snips-


Flashers are clearly illegal on cars and probably illegal on bicycles except in Minnesota, but obviously that prohibition is not enforced.

And if they are O.K. for bikes, why not cars? I think I should have flashers on my car because people pull out in front of me all the time. I want a siren, too -- because I'm impatient, which causes me anxiety. My anxiety disorder must be accommodated. I also self-identify as an emergency vehicle.


Good idea for Killer Robot cars:

http://www.nydailynews.com/autos/new...icle-1.2695040


--
Andrew Muzi
www.yellowjersey.org/
Open every day since 1 April, 1971

On 7/1/2016 4:17 PM, jbeattie wrote:


Here is the Ohio law, which specifically refers to generators. Frank is probably responsible for that:

(A) Every bicycle when in use at the times specified in section 4513.03 of the Revised Code, shall be equipped with the following:
(1) A lamp mounted on the front of either the bicycle or the operator that shall emit a white light visible from a distance of at least five hundred feet to the front and three hundred feet to the sides. A generator-powered lamp that emits light only when the bicycle is moving may be used to meet this requirement.
(2) A red reflector on the rear that shall be visible from all distances from one hundred feet to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle;
(3) A lamp emitting either flashing or steady red light visible from a distance of five hundred feet to the rear shall be used in addition to the red reflector. If the red lamp performs as a reflector in that it is visible as specified in division (A)(2) of this section, the red lamp may serve as the reflector and a separate reflector is not required.


Ohio Rev. Code Ann. § 4511.56 (Page, Lexis Advance through file 84 (HB 512))

Actually, I was not responsible for that. I was glad to see it, though.

--
- Frank Krygowski

On 7/1/2016 1:17 PM, jbeattie wrote:

snip

And if they are O.K. for bikes, why not cars? I think I should have flashers on my car because people pull out in front of me all the time.

Here you go:
https://www.soundoffsignal.com/product/headlight-taillight-flashers/

I want a siren, too -- because I'm impatient, which causes me anxiety. My anxiety disorder must be accommodated. I also self-identify as an emergency vehicle.

http://www.fedsig.com/products/109/pa300