Motorcycle Lighting Question for LEO

[gemini]

I have received several opinions from non-LEO's, but no real definitive answer.
Maybe Gigag or other active LEO will be able to answer the following.

LED lighting on a motorcycle, highlighting the engine and tranny; is it legal in the state
of Texas to use while riding? Sometimes similar to "ground effects" on a low rider.
The lights are directed down, not forward or to the rear. Lights are not visible in
a rear view mirror, only from the side. Lights are not flashing or strobing, just a glow.
I've seen riders using them on the Interstate and in town. I see them as a definite
enhancement to the riders safety and visibility, especially to cross town traffic.

I've heard of a few municipalities local PD stopping riders. Usually ask them to turn the LED's off.
I have not heard of anyone actually getting a ticket.

Thanks.

[E.Marquez]

I am NOT A LEO..
And I would also appreciate one or more of our local LEO's weighing in..

Thanks.

This is what I understand to be true and would like to hear if it's not..
The guiding reg would be Texas Transportation Code, Chapter 547, Vehicle Equipment.
The passage specific to your question ( as I understand it)

Sec. 547.305. RESTRICTIONS ON USE OF LIGHTS. (a) A motor vehicle lamp or illuminating device, other than a headlamp, spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle or school bus warning lamp, that projects a beam with an intensity brighter than 300 candlepower shall be directed so that no part of the high-intensity portion of the beam strikes the roadway at a distance of more than 75 feet from the vehicle.(b) Except as expressly authorized by law, a person may not operate or move equipment or a vehicle, other than a police vehicle, with a lamp or device that displays a red light visible from directly in front of the center of the equipment or vehicle.(c) A person may not operate a motor vehicle equipped with a red, white, or blue beacon, flashing, or alternating light unless the equipment is:(1) used as specifically authorized by this chapter; or(2) a running lamp, headlamp, taillamp, backup lamp, or turn signal lamp that is used as authorized by law.

LED's typically used on a motorcycle are not brighter then 300 CP, do not project a beam more then 75 feet, do not flash, are not RED AND displayed from the front center of the bike. ie, they are not in direct violation of this sec of the transportation code. IANAL however.

[AustinMRH]

Similarly, what about the flashing bulb tail lights? I feel much safer with mine than I did without them, but they flash. I've got a super cheap one that just flashes, I've seen ones though that flash for the first 2-5 seconds then remain fully lit. Thing is, the only time I've been clipped is when I was fully stopped and the guy behind me didn't realize I was there and was going to stop right on the tail of the car in front of me. Full flash would have been nice.

[Keith B]

Similarly, what about the flashing bulb tail lights? I feel much safer with mine than I did without them, but they flash. I've got a super cheap one that just flashes, I've seen ones though that flash for the first 2-5 seconds then remain fully lit. Thing is, the only time I've been clipped is when I was fully stopped and the guy behind me didn't realize I was there and was going to stop right on the tail of the car in front of me. Full flash would have been nice.

Red flashing to the rear for a stop lamp, turn signal or warning flasher is legal. Amber (yellow) flashing anywhere on the vehicle is legal. No blue or white flashing unless on an approved construction or emergency vehicle.

As for the LED question, as you mentioned, the transportation code really doesn't address it from a state level. It could be considered as distractive by some officers and that may be why they ask you to turn it off, but they would have to write you on something else I think. Also, the combination of them all may be more than 300 candlepower, but I doubt it.

I do believe some cities have adopted ordinances on what auxiliary lighting is allowed, but not 100% positive on that.

[gemini]

I know of 2 folks stopped in Melissa, different days, told it was against the law and to turn them off.
The LEDs on one bike was purple, the other was blue. Local ordinance? Or what?

Lots of guys are using the taillights that flash for a few seconds prior to stopping. I flash mine manually whenever
I can prior to a stop, and always flash when stopped and a car is approaching from the rear at a light etc. (plus
keeping my hand on the throttle, bike in gear and ready to move). Ride safe.

[Keith B]

Here is a FAQ from the DPS that tries to address the issue but doesn't clarify the legality. See question 10 http://www.txdps.state.tx.us/msb/msbfaqs.htm" onclick="window.open(this.href);return false;

[WildBill]

Here is a FAQ from the DPS that tries to address the issue but doesn't clarify the legality. See question 10 http://www.txdps.state.tx.us/msb/msbfaqs.htm" onclick="window.open(this.href);return false;

That is a very interesting answer to the question.

[Keith B]

Here is a FAQ from the DPS that tries to address the issue but doesn't clarify the legality. See question 10 http://www.txdps.state.tx.us/msb/msbfaqs.htm" onclick="window.open(this.href);return false;

That is a very interesting answer to the question.

Yeah. I read it to say that unless the lighting is factory equipment, per the state law it is not allowed, but federal it is. I think the real answer links back to my original post that the officer can make the discretionary call that the lighting is a distraction to other drivers and can have the motorcycle rider turn it off. As for a citation, they might have a hard time making a ticket stick, but they can hassle you and make you take it to court.

Here is a similar response that was supposedly sent to someone from the DPS PIO (Public Information Officer) about this http://www.oznium.com/forum/topic4154" onclick="window.open(this.href);return false;. Kinda states the issue about having to prove it was not illegal in court.

[E.Marquez]

And to me it reads as they provide a loop whole for LEO's to decide them self’s and let the courts figure it out..

Some would take this to mean that if the lamp is not required under Texas law, nor fits an exception, then it is prohibited, particularly if it can be shown as a distraction to other drivers or a driving hazard.

Here is a FAQ from the DPS that tries to address the issue but doesn't clarify the legality. See question 10 http://www.txdps.state.tx.us/msb/msbfaqs.htm" onclick="window.open(this.href);return false;

That is a very interesting answer to the question.

Yeah. I read it to say that unless the lighting is factory equipment, per the state law it is not allowed, but federal it is. I think the real answer links back to my original post that the officer can make the discretionary call that the lighting is a distraction to other drivers and can have the motorcycle rider turn it off. As for a citation, they might have a hard time making a ticket stick, but they can hassle you and make you take it to court.

Here is a similar response that was supposedly sent to someone from the DPS PIO (Public Information Officer) about this http://www.oznium.com/forum/topic4154" onclick="window.open(this.href);return false;. Kinda states the issue about having to prove it was not illegal in court.

[gemini]

Properly installed, the down lighting is a safety feature for a motorcycle traveling at night.
It lights up the ground immediately under the scooter. It is not a Q beam. It is not high
intensity LED driving lights. The light is not directed either forward or rearward at
other vehicles. I'm trying to figure out why an officer might think they are a distraction.
Maybe in a small town they get bored after dark??

[RPBrown]

Although not specifically spelled out as illegal by state law, some cities may have adopted specific ordanances against them.

I do have them on my bike but only use them when parked. Got stopped a while back, no ticket just a warning.

[WildBill]

Although not specifically spelled out as illegal by state law, some cities may have adopted specific ordanances against them.

I do have them on my bike but only use them when parked. Got stopped a while back, no ticket just a warning.

It seems like some of these laws or non-laws could be used to curtail the activities of and/or provide probable cause to stop members of certain undesirable groups.

[gemini]

Although not specifically spelled out as illegal by state law, some cities may have adopted specific ordanances against them.

I do have them on my bike but only use them when parked. Got stopped a while back, no ticket just a warning.

Where were you, and did the officer tell you they were illegal, or he just didn't like your bike (J/K)? Like, maybe he is
burning rice and is jealous of a beautiful V-Twin?

[gemini]

Although not specifically spelled out as illegal by state law, some cities may have adopted specific ordanances against them.

I do have them on my bike but only use them when parked. Got stopped a while back, no ticket just a warning.

It seems like some of these laws or non-laws could be used to curtail the activities of and/or provide probable cause to stop members of certain undesirable groups.

Although I don't know RPBrown personally, I don't have reason to believe that he is a member of any undersirable groups. I guess they could
also be used to provide probable cause to hassle anyone that has long hair, walks with a limp, isn't the correct skin color, is overweight,
is lawfully carrying under MPA or CHL, has a NRA patch on their vest, etc etc etc. maybe the AMA needs to take this up with gov'ment.
No, they haven't really done anything to help the sport in years.

[WildBill]

Although not specifically spelled out as illegal by state law, some cities may have adopted specific ordanances against them.

I do have them on my bike but only use them when parked. Got stopped a while back, no ticket just a warning.

It seems like some of these laws or non-laws could be used to curtail the activities of and/or provide probable cause to stop members of certain undesirable groups.

Although I don't know RPBrown personally, I don't have reason to believe that he is a member of any undersirable groups. I guess they could also be used to provide probable cause to hassle anyone that has long hair, walks with a limp, isn't the correct skin color, is overweight, is lawfully carrying under MPA or CHL, has a NRA patch on their vest, etc etc etc. maybe the AMA needs to take this up with gov'ment. No, they haven't really done anything to help the sport in years.

That's my whole point. Anyone can be stopped for anything using the flimsy excuse of having some stupid light on their bike which not even the DPS can tell for certain whether or not it is illegal. Some people think that all people who ride motorcycles are an undersirable group.