Motorcycle Equipment:
What's Legal - What's Not?
by
Attorney Steve Olson
For additional information: link to Radosevich, Mozinski, Cashman & Olson LLP
It's a
beautiful, late summer evening as you cruise the countryside on your
motorcycle. Suddenly, you notice red and blue lights flashing in your
mirrors. Now what? You've been good. You haven't been
drinking and, as you enjoy the evening, you've been riding well under the speed
limit. What can it be? The officer points out a number of equipment
violations on your bike, all of which are 'extras' you've added the last few
years. Fortunately, the officer only issues a warning. Frustrated,
you point out everything in violation was purchased from dealers, catalogs, or
legal vendors. Unfortunately, you've learned a hard lesson: just because
you legally purchased these accessories, doesn't mean you can legally use them
while riding in
EXHAUST. Remember those louder pipes you put
on? They're illegal. Anything louder than the original equipment is
illegal. Why? Trans 305.39(1) dictates that every motorcycle shall
be equipped with a functioning exhaust, which shall be maintained in accord
with Sec. Sec. 347.39 of the statutes. Sec. Sec. 347.39(2) states no muffler or exhaust
may be equipped with a cutout, bypass or similar device, nor shall there be
installed in any exhaust system anything to ignite exhaust gases to produce
flames. Additionally, "No person shall modify the exhaust system
of any such motor vehicle in a manner which will amplify or increase the noise
emitted by the motor of such vehicle above that emitted by the muffler
originally installed on the vehicle, . . ." Nothing louder
than original equipment is legal! Local ordinances for exhaust
noise are generally based on decibel readings.
The Wisconsin Administrative Code also mandates safety equipment on motorcycle exhaust systems. Trans 305.39(2) dictates: 1) exhaust systems shall be free of leaks from the engine exhaust ports through the piping and muffler to the end of the system, and 2) a protective shield or insulated section shall be provided for any portion of the exhaust system that extends above and to the rear of the foot pegs or rests.
LIGHTING. Trans 305.43 requires every motorcycle manufactured after 1/1/72 have two amber directional signals on the front and two amber or red directional signals on the back. In addition, a motorcycle may be equipped with no more than two auxiliary lights (spots, in Harley lingo). Trans 305.43(3) permits additional marker lights, but only under the following conditions: 1) no marker lamp exceeds 10 watts; 2) no marker lamp interferes with the visibility of a head or tail lamp, stop lamp, or directional signal; and 3) no lamp shows a color except red to the rear and amber to the front.
Sec. Sec. 347.25(4) provides that no vehicle, including motorcycles, may be equipped with or display a blue light unless it is duly authorized by government for police work. This means you cannot have a blue light on your cycle, even if it is not turned on. Sec. Sec.347.07(2) states that, except as expressly authorized (such as for police, fire or tow trucks, or for rear directional signals), no vehicle, including motorcycles, may display: 1) any color other than white or amber visible from the front; 2) any color other than red from the rear; and 3) any flashing light.
Sec. Sec.347.115 authorizes a motorcycle, motor bicycle or moped to have a modulating headlamp, with between 200-280 changes between high and low beam per minute. However, the headlight may not modulate during hours of darkness. Sec. Sec. 347.145 states a motorcycle, motor bicycle or moped may be equipped with an amber light which pulses in a controlled fashion at a rate exponentially with deceleration. The amber light must be center-mounted on the rear of the cycle. This statute does not authorize the brake light to pulsate.
FRONT END DESIGN. Sec. Sec.347.486(1), the 'apehanger law', prohibits operating a motorcycle which has handlegrips on the handlebars rising more than 30 inches above the lowest point of the top of the drivers seat when the seat is occupied. Trans 305.46 provides that any motorcycle with a front suspension system modified before 1/1/76 may have a rake of no more than 55 degrees, provided the trail is at least 2 inches. Beginning with 1976 models, the front suspension may be modified to have a rake no more than 50 degrees, provided the trail is at least 2 inches.
In the final analysis, the only legal exhaust system is that which came with the motorcycle, or one that is no louder. The reality, however, is that law enforcement officers generally do not put a high priority on exhaust violations, unless complaints are received. As to lights, you can install as many red lights on the back half of your bike as you want, provided they are not individually over 10 watts each and, cumulatively, their light does not begin to obscure your rear blinkers and brake light. Same rule for the front, however, the lights on the front half must be amber. You can never add blue lights or any color which flashes or rotates. No flashing valve stem caps.
The information
in this article reflects
For additional information: link to Radosevich, Mozinski, Cashman & Olson LLP