Speeding Motorcycle of My Heart, Speeding Motorcycle Let's Be Smart

David Weigel | June 11, 2007

Via Fark, Nevada's legislators are preventing homeowners' associations from ticketing motorcyclists.

The move is designed to prevent homeowners' boards from banning motorcycles on aesthetic or other grounds.

[Rep. Francis] Allen's measure also bans associations from using radar guns or any "other device designed to gauge the speed of a vehicle" for the purpose of issuing fines. The provision, in effect, stops associations from issuing speeding tickets within a community. In 2005, a Texas state legislator proposed a bill that would have given a green light to community speeding tickets. The proposal failed.

The rights alotted to motorcycle riders are good acid test of whether a state is going overboard stopping consensual or "aesthetic" crimes. In 2005, Jacob Sullum explained why motorcyle helmet laws haven't quite swept the nation.

Comments

|6.11.07 @ 9:45AM|#

"Who do you think you are? Only we, Der Schtaat, have the authority to levy fines and toss you in the clink."

Mark P Neyer|6.11.07 @ 9:50AM|#

What about the rights afforded to homeowners associations? If you live in a community and you sign a covenant agreeing that you won't speed, they ought to be able to enforce that private contract.

|6.11.07 @ 9:59AM|#

I'm with Mark. Homeowner associations should be allowed to enforce whatever aesthetic they want. I guess this is really about whether they can issue speeding tickets. Seems like that's just a technicality over the means of enforcement.

I wish they'd start writing tickets for noise. I don't care if it's your motorcycle, or your stereo. If I can hear it half a mile away inside my house, it's too damn loud. And I want those assholes fined.

|6.11.07 @ 9:59AM|#

"The rights alotted to motorcycle riders are good acid test of whether a state is going overboard stopping consensual or "aesthetic" crimes."

What about the rights of homeowners? This isn't about NV banning aesthetic crimes, but about NV banning HOAs from setting aesthetic bylaws. Not so obvious where libertarian sentiments should ally.

|6.11.07 @ 10:00AM|#

The $1,000,000 question is who owns the roads?

If the homeowner's associations own the streets that they patrol, then this law is an infringement on their right to control the manner in which their property is used.

On the other hand, if the home-owner's associations do not own the roads, then where do they get off on banning motorcycles?

As to the speeding thing, if you accept speed limits as a legitimate law, then why shouldn't the citizenry enforce it?

To quote the father of modern policing:

Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen.

|6.11.07 @ 10:15AM|#

What about the rights afforded to homeowners associations? If you live in a community and you sign a covenant agreeing that you won't speed,

What if I'm only visiting/riding through the said community?

The bill failed because it undermines the state/federal/municipal set of laws. Because generally what you have happened is people creating and enforcing their own set of laws. If they can enforce an arbitrary lower speed limits what stops them from enforing an arbitrary higher speed limit.

I've always been a bit confused by rights afforded to HOAs anyways, exactly why they enjoy a special status enforcing laws over land they dont own is beyound me. Seems like just another layer of goverment emerging underneath municipal.

|6.11.07 @ 10:16AM|#

Why should an HOA have any more power than an elected government? Could and entire town ban motorcycles? Absolutely not. If the town can't do it why should the HOA be able to do it?

|6.11.07 @ 10:17AM|#

When a motorcyclist runs loud pipes, they infringe upon the property rights of every person within a 1/4 miles to enjoy their property in peace and repose.

The "asthetic" homeowners' associations are going after is the noise, not the speeding.

|6.11.07 @ 10:18AM|#

"Seems like just another layer of goverment emerging underneath municipal."

Exactly and a really oppressive one at that. My experience with HOAs is that they run by the worst busybodies imaginable. The last thing we need is for homeowners associations to be able to control streets.

|6.11.07 @ 10:20AM|#

"When a motorcyclist runs loud pipes, they infringe upon the property rights of every person within a 1/4 miles to enjoy their property in peace and repose."

Fair enough, I hate loud pipes. The sollution is to go to your elected government and get them banned. I hate loud pipes and stereos. Why can't I just form my own HOA and pull over and fine anyone who drives by? How is that any different than an HOA doing it other than they have a few more members than mine?

Daniel|6.11.07 @ 10:20AM|#

Are we done?

|6.11.07 @ 10:21AM|#

When a motorcyclist runs loud pipes, they infringe upon the property rights of every person within a 1/4 miles to enjoy their property in peace and repose.

Those loud pipes also give motorcyclists another safety feature. When you rev up the engine it wakes up many a dazed soccer mom about to pull out infront of you in her SUV. And, no, the horns aren't nearly as effective.

Bill Pope|6.11.07 @ 10:24AM|#

The interesting thing here is the abuse of private property and contract rights by homeowner's associations. This is something to consider when promoting a philosophy where property rights trump all other rights all the time.

|6.11.07 @ 10:38AM|#

Exactly and a really oppressive one at that. My experience with HOAs is that they run by the worst busybodies imaginable. The last thing we need is for homeowners associations to be able to control streets.

An HOA is a great chance to study local government in microcosm. It starts out as a good thing, at you typically get is a board made up of people who have a need to create and enforce petty rules, and treat the property as their own little fiefdom. You'll see patronage contracts handed out, special assessments for things that "important" really want(i.e. My parents have been irate about a multi-million dollar indoor pool project in their complex).

|6.11.07 @ 10:45AM|#

"Those loud pipes also give motorcyclists another safety feature."

Then why don't I see the loud-pipe morons wearing helmets, body armor, and reflective clothing like I do?

Why do fools with the loudest penilecompensation pipes wear safety gear consisting of nothing more than a tank-top, doo-rag, and sunglasses if they are so concerned with "safety"?

|6.11.07 @ 12:20PM|#

Those loud pipes also give motorcyclists another safety feature.

That's just Dan T. level stupid. C'mon val, give us a little credit here.

|6.11.07 @ 12:27PM|#

That's just Dan T. level stupid. C'mon val, give us a little credit here

Beggin your pardon here? Do you ride a bike my friend? I do (did, still havent put it together after the last crash). Im telling you from first hand experience that my loud pipes are way loudder then craptastic horns you find on most bikes. And I have used the reving up method on a number of occasions to draw attention to myself. By the way my pipes are way louder then a car but are quiter then the majority of bike pipes out there. And yes I do wear all other gear as well.

|6.11.07 @ 2:19PM|#

Am I on the right trail?

Billy Beck|6.11.07 @ 2:30PM|#

"Loud pipes save lives."

It's true. BTDT. (...until a drunk driver wiped me out on the interstate.)

On HOA's in this matter:

"When a motorcyclist runs loud pipes, they infringe upon the property rights of every person within a 1/4 miles to enjoy their property in peace and repose."

Look... couldn't we try to be reasonable about this before everybody starts reaching for their guns & lawyers? Is it possible that a guy could reason with anyone in the 'hood and promise to behave himself while puttin' through the curly drives on a Saturday morning, or what? It really is possible to keep the noise output of many of these machines to a reasonably tolerable level, and one should hope that maybe -- you know -- neighbors might be able to sort things man to man.

Jeezis.

It does seem a bit cheeky to assert the complaint of "every person within a 1/4 miles". Some people don't mind at all.

Another Phil|6.11.07 @ 2:56PM|#

val,

Loud pipes may make other drivers more aware of you on the road. People are less likely to bump into me on the sidewalk if I scream as I walk down the street. Both cases create a negative externality that intrudes on others' property rights. Also, why are you more willing to install straight pipes than a replacement for your "craptastic" horn?

P.S. I'm a motorcycle rider too. However, I don't assert a "right" to project myself into every home I pass.

|6.11.07 @ 3:03PM|#

I always wonder why loud pipes on motorcycles seem to get a free pass yet every town around has "No Engine Braking" signs.

Two wheels good, eighteen wheels bad?

|6.11.07 @ 3:10PM|#

Also, why are you more willing to install straight pipes than a replacement for your "craptastic" horn?

I rode an older crotch rocket, Im sure you know that there isnt much room to conceal a nice horn on those. Attaching one in the open just doesnt look right on sport bikes, maybe on cruisers. My straight pipe was part of the whole header/mid/can system. And like I said my pipe is not loud as far as bike pipes go. The fact that it happened to be louder than the stock exhaust was simply a side effect of a better breathing system.

Also bikes get really really loud when people open them up and the let the rev's climb past the 7000RPM mark, cars generally blow up at those levels so most people havent heard that noise from the cars. Its fairly easy to keep a bike with a loud pipe at relatively low noise levels in the neighbourhood if u so want, loud pipes or not. And yes I realize there is a small number of harleys or whatnot out there that completly do away with mufflers. However the article makes no mention of targetting only unsilenced pipes but motorcycles in general.

|6.11.07 @ 4:31PM|#

That's the part the loud-pipe jerks don't seem to understand.

ALL motorcyclists get discriminated against because of the rude behavior of the minority of loud-pipe morons.

In The Original Version of \"P|6.11.07 @ 4:35PM|#

Headline Investigator:

No, you are not really on the right track. You need to go back to the original artist and not settle for some YLT cover version. As I alluded to above, the one Daniel does with YLT as a backing band is okay, though.

Frankly, I don't think you need any YLT covers of anything, but that record where Dump covers Prince is really good and I wish I still had it. The Dump cover of "Clarity" is pretty kille, too.

|6.11.07 @ 4:53PM|#

Thank you for the information. Daniel Johnston is the original?

|6.11.07 @ 4:54PM|#

That's the part the loud-pipe jerks don't seem to understand.

ALL motorcyclists get discriminated against because of the rude behavior of the minority of loud-pipe morons.

Fair enough, that still however, in my book, does not grant HOAs rights to dispense collective punishment. Or any other punishment for that matter. They are welcome to address their complaints through civil lawsuits if they want or they can lobby the townhall or whatever to have police step up noise citations in that area.

Dave W.|6.11.07 @ 6:21PM|#

Daniel Johnston is the original

Oh, yeah. Best lyricist ever, bar none (although he lost his gifts to anti-depressants around 1994). "Speeding Motorcycle" is from a (very lo fi) 1983 double album called Yip Jump Music. However, sometime in the late 80's another version was recorded live on the radio (WFMU) with Yo La tengo in the WFMU studio and Daniel participating by phone from the mental hospital (I don't think he was allowed to leave).

As you may know, there was a recent documentary about Daniel Johnston that got a pretty good release in theatres and on DVD. As a long time Daniel fan, I didn't like the movie much, but the DVD extras have archival video and audio footage that show Daniel as he really was in the 1980s. It's, err, spooky, especially the interview Gibby did. I really wish they had included a few songs on the DVD extras -- then that would be a complete package to show people what this guy was all about and why he gets venerated.

|6.11.07 @ 8:47PM|#

Mary Lou Lord, the singer/busker from the Boston underground (literally down in the T) covered this song so well they put it in a Target commercial.

|6.12.07 @ 12:25AM|#

HOAs and these excessively deed restricted properties need to be banned altogether..they are unconstitutional and a 'tax and taking' revenue scheme concocted by the cities and developers for more revenue, without tax deductions for these property taxes, and ultimately controlling the use of all land...they are a mini-municipal government, with 'volunteer' neighbors in charge with the ability for foreclose on your home for any violation.

Any YOU think they should also be allowed to 'fine' and give speeding tickets? Most of the speed limits in these communities are under the 'usual' residencial limits anyway, so speeding in these communities can be for 25 mph in their 'usual' 15mph excessively 'restrict' neighborhoods.

Get a grip people, this is the government inflicting 2525 upon all Americans....soon it will be your neighborhood that is 'incorporated'....since there is a bunch of lawyers on their way to a city council or neighborhood meeting near you.

Good luck......the State through the cities are now 'mandating' communism upon the land through these associations - they have blanket indemnification, and can fine, lien and assess at will.

And if this keeps up, your children will never see a free America....just was our rights are being infringed day by day, so is land ownership with these associations.

Wake up, America!

|6.12.07 @ 9:10AM|#

lgg-

What are you talking about?

Unlike bad government laws, which we're all going to be subject to, a HOA is voluntary. You can choose to purchase a home inside the jurisdiction of the HOA and subject yourself to its rules. You can also choose to purchase a home outside the HOA and not have to live by any HOA rules.

Has nothing to do with the government.

I kinda like my HOA, because it stopped the people across the street from me from having loud parties every other night until 2 AM like they were doing when they first moved in.