Motorcycle Headlight Modulator

[fellobs]

My question involves vehicle maintenance laws for the State of: Washington, Everett

Last weekend when the wife and I were riding our motorcycles through our neighborhood, an Everett PD patrol officer pulled us over to hit my wife with a warning about her headlight modulator system, how it is a $150 fine to run one, and only emergency vehicles can use headlight modulators.

If I am not mistaken, that is not accurate.

According to Title 49 of the Code of Federal Regulations, a headlight modulator system in compliance with the [listed] federal requirements is allowed on a motorcycle.

I would hate for the wife to feel discouraged from using a legitimate tool to help her be safer on the road so I printed a sort of citation with "S7.9.4 Motorcycle headlamp modulation system" excerpted to keep on her motorcycle with the registration in case any other LEOs get similarly overzealous.

Does this seem like a reasonable approach?

[flyingron]

You could try, but the law is not tried on the side of the road. A more proactive thing would be to talk to the PD PR guys about the situation and attack it proactively.

[KrashTestDumby]

Why not point the officer's to the State of Washington Law allowing motorcycles to have modulators? You may wish to print it, too!

The problem I see with the State of Washington law is it does conflict with federal law. Chapter 301, section 30103, Preemption says states may have a law as long as it identical to the federal standard, and the Washington law isn't. Print it, carry it with you.

If a state law conflicts with a federal law, something called the United States Constitution says federal law prevails. Oddly, it's often referred to as the Supremacy Clause.

In answer to questions concerning modulators from Signal Dynamics, the then Acting Chief Counsel for the NHTSA, John Womack, said states may not make modulators illegal by referring to Chapter 30103 (above), and clarifies that a state law must match that of Title 49, part 571.108, S7.9.4 (which Washington's does not).

Since Washington's law says the modulator must be wired to the high beam, that's what I'd do. It also allows you to turn the modulator off when it's not needed, or if some officer insists you must turn it off or "you ain't goin' nowhere 'til it's off, sonny!" (Or in your wife's case, "l'il girl!").

Hope this helps.

[jk]

the Supremacy clause does not apply. You are misunderstanding the supremacy clause. As an example of laws that are clearly in contrast of each other yet each is considered valid, check out any state that has a medical marijuana law. They are in direct contrast of the federal law yet they are quite accepted and acceptable as a state law. It is only when there is a conflict between the application of the laws does the supremacy clause come into play.

In other words: the feds can come in and enforce their MJ laws in any state that has a MM law as long as they prosecute under the federal statutes. The state can refuse to enforce the federal statutes and enact their own laws which are more lenient.

There is nothing that states a federal and a state law cannot co-exist although they are in contrast to each other. The supremacy clause goes much deeper than simply saying the federal statutes override state statutes.




What we have here is a safety standard, not a law per se but a requirement within a law. If the feds allow something, a state cannot disallow that same thing but as to the requirements of the state law being identical to the federal reg, not true.



http://www.nhtsa.gov/cars/rules/stan...01.html#30103.

However, the United States Government, a State, or a political subdivision of a State may prescribe a standard for a motor vehicle or motor vehicle equipment obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard under this chapter.

The state reg cannot disallow something the fed allows nor can they lower the standard the feds set but the state can require a higher standard.

[KrashTestDumby]

In your post and quote of 30103, you missed something..

What we have here is a safety standard, not a law per se but a requirement within a law. If the feds allow something, a state cannot disallow that same thing but as to the requirements of the state law being identical to the federal reg, not true.

However, the United States Government, a State, or a political subdivision of a State may prescribe a standard for a motor vehicle or motor vehicle equipment obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard under this chapter.

http://www.nhtsa.gov/cars/rules/stan...01.html#30103.

The state reg cannot disallow something the fed allows nor can they lower the standard the feds set but the state can require a higher standard.

The important portion in your citation of 30103 is "... vehicle equipment obtained for its own use ... ." Yes, states/subdivisions may add further regulations on equipment the states/subdivisions buys for its own use, as long as they don't make any portion of the federal law weaker of illegal when applying it to the states/subdivisions-owned equipment.

The reason a federal office can bust you for MJ is: federal law rules! (I've heard this some were, recently). The fed's can enforce state laws, if they want to; e.g. drive your vehicle on a federal installation (e.g. a military post), speed, you'll get a ticket from a federal law enforcement officer, but you'll go to your local state/city traffic court. The fact that the state has a conflicting law legalizing MJ in that state doesn't override fed law - it's still illegal under fed law, and they arrest you for breaking that fed law.

And you've proved my point - federal law is supreme.

[Mr. Knowitall]

Despite the officer's apparent confusion, the issue here isn't that Washington has forbidden motorcycle headlight modulation - it has merely regulated motorcycle headlight modulation. There are restrictions on a state's ability to impose certain regulations on out-of-state vehicles, but those restrictions arise under the Interstate Commerce Clause, not the Supremacy Clause. Supremacy Clause issues arise when federal legislation or regulation expressly preempts state laws, or when it impliedly preempts state laws by covering an entire range of issues, where state rules would frustrate federal laws or regulation, or where state rules directly conflict with federal. States can and do impose a wide range of divergent restrictions on vehicle modifications, including to lights, windows, exhaust systems, etc., despite the possibility that those modifications would be permitted under federal law and regulation.

In terms of federal enforcement of state criminal laws, you may be thinking of the assimilation of state criminal traffic offenses under the Assimilative Crimes Act as part of an attempt to avoid any gaps in traffic regulation between state and federal land. If you get a speeding ticket from a federal officer on federal land, you can expect to appear in federal court before a federal magistrate.