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Thread: Kisan modulator and Kazoo county sheriff

  1. #1
    Registered User miairhead's Avatar
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    Kisan modulator and Kazoo county sheriff

    I was riding on M-89 at 56 mph, I Sheriff did a u-turn and pulled me over. He told me I could not have a head light modulator in Michigan. Since I've had this for about 5 years and passed many a Officer I was a bit surprised.

    Before I purchased it long ago, I checked and Kisan stated the fed said you can have one.

    Did I argue, I don't look good in orange jump suits, so I just turn off the bright switch.

    Michigan Motor Vehicle code:

    (3) A motorcycle or moped head lamp may be wired or equipped to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity. A head lamp modulator installed on a motorcycle or moped with 2 head lamps shall be wired in a manner to prevent the head lamps from modulating at different rates or not in synchronization with each other. A head lamp modulator installed on a motorcycle or moped shall meet the standards prescribed in 49 CFR 571.108.
    Last edited by MIAirhead; 08-29-2011 at 09:40 PM.
    Tom
    '84 R100RT '04 CLC(gone) Honda NT700V
    BMW
    Beer Motorcycles Women

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    Curmudgeon At Large Bobmws's Avatar
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    Quote Originally Posted by MIAirhead View Post
    I was riding on M-89 at 56 mph, I Sheriff did a u-turn and pulled me over. He told me I could not have a head light modulator in Michigan. Since I've had this for about 5 years and passed many a Officer I was a bit surprised.

    Before I purchased it long ago, I checked and Kisan stated the fed said you can have one.

    Did I argue, I don't look good in orange jump suits, so I just turn off the bright switch.
    From the Kisan web site: https://www.kisantech.com/regulations.php

    USA - Department of Transportation:

    FMVSS 108 (Federal Motor Vehicle Safety Standards) (49 CFR Part 571.108 S7.9.4) allows motorcycle headlight modulation systems in all 50 states provided they comply with the standards set forth in Section S7.9.4.

    CANADA - Canada Transport:

    FMVSS 108 (Federal Motor Vehicle Safety Standards) (49 CFR Part 571.108 S7.9.4) allows motorcycle headlight modulation systems in all Provinces provided they comply with the standards set forth in Section S7.9.4.

    Kisan Headlight modulators are manufactured and tested to be in full compliance with US Department of Transportation (DOT) Standard 108 and Transport Canada Technical Standard 108.

    To obtain a full copy of these standards, select from below. You can choose text or PDF format and also select the latest revision (default) or publication from earlier years.

    Revision Year Title Part Section File Type
    Most Recent Available200420032002200120001999199819971996 CFR . TextPDFSummary



    Title 49 USC 30103(b1) (US Codes) prohibits any state from forbidding a system that conforms to FMVSS 108. No State or Local ordinance shall usurp the authority and enforcement of the Federal Motor Vehicle Safety Standards.


    I would download a copy and carry it with you, the next local may not be as tolerant in letting you turn of the switch.....
    Bob Weis
    '04 K12RS - Hannigan Hack
    www.earplugco.com

  3. #3
    Lucky motorradmike's Avatar
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    Quote Originally Posted by MIAirhead View Post
    Did I argue, I don't look good in orange jump suits, so I just turn off the bright switch.
    In my opinion that's the best you can do on the highway.

    Teaching LEO's the letter of the law is a really bad plan.
    I'm not 100% sure all my lighting is legal but I'm ready to cut wires or unplug stuff on the side of the road to avoid a ticket.

    Hope you didn't get a ticket.
    Mike Marr
    1978 Yamaha XS750 (Needs rings), 1996 BMW R1100RS, 2004 Honda CRF230F

  4. #4
    Registered User miairhead's Avatar
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    Wonder

    I sure he looked for my endorsement for MC. He never did ask for proof insurance. I wonder if he saw it was an old airhead before he stopped me. I was behind a van and he did not get a long time to view me before he pulled a u and chased me down at 55 mph.

    I guess I lucking he did not seem my ABATE sticker.
    Tom
    '84 R100RT '04 CLC(gone) Honda NT700V
    BMW
    Beer Motorcycles Women

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    rabid reader dbrick's Avatar
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    You did the right thing, Tom. The Sheriff was wrong - both because Michigan law allows modulators and as MotorradMike points out individual states cannot abrograte provisions of the FMVSS - but an argument in the field with a cop rarely turns out well for the citizen.
    David Brick
    Santa Cruz CA
    2007 R1200R

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    Curmudgeon At Large Bobmws's Avatar
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    Quote Originally Posted by dbrick View Post
    You did the right thing, Tom. The Sheriff was wrong - both because Michigan law allows modulators and as MotorradMike points out individual states cannot abrograte provisions of the FMVSS - but an argument in the field with a cop rarely turns out well for the citizen.
    I wouldn't argue on the side of the road, but I would certainly fight it in court.
    Bob Weis
    '04 K12RS - Hannigan Hack
    www.earplugco.com

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    Registered User greenwald's Avatar
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    Quote Originally Posted by Bobmws View Post
    I wouldn't argue on the side of the road, but I would certainly fight it in court.
    I agree with Bob here....but I'd go one step further, and in a slightly different direction. For the Michigan rider involved, send a polite letter off to the Sheriff's Dept. involved, explaining that they are legal in all fifty states, and include the Kisan Federal Information.

    That would protect you specifically in the future in your neck of the woods, avoid using a court of law as your battleground, and help out future motorcyclists that may get stopped by this same deputy.
    Last edited by Greenwald; 08-30-2011 at 01:05 PM.
    Kevin Greenwald - Touring Tips Editor
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  8. #8
    rabid reader dbrick's Avatar
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    I agree with Bob and Kevin - Kevin's suggestion is particularly likely to get the department's attention because they can look at the issue without having you or a judge peering over their shoulder, maybe they'd even ask the County Attorney for an opinion.

    For those who get modulator tickets - rarer now than in years past, I think - and can't return to contest the ticket in court, you might check the statutes of the state where the ticket was issued. There may be provisions for "trial by declaration" where the arguments can be submitted to the Court in writing. Legal issues as presented here are very appropriate for a remote trial. The defendant's concession of the facts ("Yes, my bike had a modulator") will support an inference of credibility, and - if you're lucky - the judicial officer may be bright or inquisitive enough to respond to the legal argument (which is correct, after all) that such devices may not be prohibited.
    David Brick
    Santa Cruz CA
    2007 R1200R

  9. #9
    Registered User miairhead's Avatar
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    What I did

    I wrote this email to the Sheriff, so I guess next time I get pulled over in Kalamazoo County, I may be wearing orange, and and a sign on my back saying exit only. I may be back asking for bail next time I ride through Kalamazoo County. I take PayPal, not sure about Kalamazoo County.


    I sent this to the Sheriff

    To rcfull@kalcounty.com


    I know you have much more pressing issues to attend to. I send this as a FYI to you and your department.

    Today a County Officer stopped me on my motorcycle. I was riding at the speed limit and not following to close to the vehicle in front. The Officer parked facing the opposite direction, I believe monitoring traffic on the highway. As I approached he turn on his lights, made a 180 from the stop and pulled me over.

    I asked if I was speeding, he said I was not. He then stated that he pulled me over because my head light was flashing, which is illegal in the State of Michigan. I have as many motorcycles do, a kisan modulator. He informed me I was breaking the law. I then said I would keep it off, showing him how it worked by a by a sensor that made the bright only work at night. We politely when our separate ways. I will say he was very professional at the stop, and showed me in a book he carried that I could not have a flashing light of any color. I do not believe the headlight qualifies as a colored light.

    I wish to inform your department that I believe was NOT breaking the law. I have a legal Kisan Modulator.
    https://www.kisantech.com/index.php?cat_id=2

    Michigan Motor Vehicle code:

    (3) A motorcycle or moped head lamp may be wired or equipped to allow either its upper beam or its lower beam, but not both, to modulate from a higher intensity to a lower intensity. A head lamp modulator installed on a motorcycle or moped with 2 head lamps shall be wired in a manner to prevent the head lamps from modulating at different rates or not in synchronization with each other. A head lamp modulator installed on a motorcycle or moped shall meet the standards prescribed in 49 CFR 571.108.


    USA - Department of Transportation:

    FMVSS 108 (Federal Motor Vehicle Safety Standards) (49 CFR Part 571.108 S7.9.4) allows motorcycle headlight modulation systems in all 50 states provided they comply with the standards set forth in Section S7.9.4.

    Kisan Headlight modulators are manufactured and tested to be in full compliance with US Department of Transportation (DOT) Standard 108 and Transport Canada Technical Standard 108.

    If you find I am wrong in believing my Kisan Modulator is legal, please let me know.

    Let me close as saying I understand being a Officer of the Law is one of the most difficult job one can have.

    Thank You and your department for the difficult job you do to keep the area a safer place for all.

    Thomas Burns

    Not sure I should, but sometimes I can be quite stubborn.
    .
    Tom
    '84 R100RT '04 CLC(gone) Honda NT700V
    BMW
    Beer Motorcycles Women

  10. #10
    rabid reader dbrick's Avatar
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    That's a good letter, Tom: clear, direct, polite.
    David Brick
    Santa Cruz CA
    2007 R1200R

  11. #11
    Registered User miairhead's Avatar
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    Any one surprised

    Anyone surprised I did not ever get an acknowledgment of my Email to the Sheriff and the Under Sheriff?

    I really did not expect a reply. Police like doctors almost never criticize another, or question what another did.

    It did make me feel a little better emailing them.
    Tom
    '84 R100RT '04 CLC(gone) Honda NT700V
    BMW
    Beer Motorcycles Women

  12. #12
    ExMaTprinLowerAlabama
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    Quote Originally Posted by MIAirhead View Post
    Anyone surprised I did not ever get an acknowledgment of my Email to the Sheriff and the Under Sheriff?

    I really did not expect a reply. Police like doctors almost never criticize another, or question what another did.

    It did make me feel a little better emailing them.
    Somethings are still better left to ink and pen. You never know who, if anyone, reads the emails. Try a letter if you're really concerned...

  13. #13
    Registered User greenwald's Avatar
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    Quote Originally Posted by MIAirhead View Post
    Anyone surprised I did not ever get an acknowledgment of my Email to the Sheriff and the Under Sheriff?

    I really did not expect a reply. Police like doctors almost never criticize another, or question what another did.

    It did make me feel a little better emailing them.
    Whoa! Your 'e-mail' is not even 72 hrs. old, and you hoped for a reply?!

    You may be resting in the IN BOX by now, but not their '911 BOX.'

    Give it some time. And for the record, I did suggest a letter be dispatched - not an easily deleted electronic correspondence.

    Good Luck.
    Kevin Greenwald - Touring Tips Editor
    Nationally Certified Law Enforcement Motor Officer (Ret.) / IBA Member #34281
    MSF RiderCoach # 121656 (BRC,SBRC,IS,IME,SMARTrainer)
    Motorcycle/Driving Instructor - ROAD AMERICA Race Track

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    I must say, and have many times before

    that i find a headlight modulator to be the most annoying thing (only after loud pipes) that i have ever seen on a motorcycle. Watching them come down the road towards me raises my blood pressure.

    But too each his own.
    Somers, NY

    Just enjoying the ride.......

  15. #15
    Lucky motorradmike's Avatar
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    Quote Originally Posted by MIAirhead View Post
    Anyone surprised I did not ever get an acknowledgment of my Email to the Sheriff and the Under Sheriff?
    I'm not surprised.

    If you're still not entirely happy, write them a letter and snail mail it or FAX them your email.
    Agencies freak out when they see things in ink.
    Email can be deleted.
    Mike Marr
    1978 Yamaha XS750 (Needs rings), 1996 BMW R1100RS, 2004 Honda CRF230F

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