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Dubswing
Senior Member
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Posted: Tue Aug 26th, 2008 01:54 pm | 21st Post |
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Headlight modulators are illegal in Tennessee. Tenn. law states that the high beem will not be used when traffic is in front of you. Since the modulator flashes constantly between low and high beem it is illegal. They are great to alert oncoming traffic but very annoying and distracting to have someone behind you flashing their high beems in your mirror constantly. The rear brake light modulators are a different story. Hope this helps.
Bernie
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Live life like you mean it!
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retiredintime
Senior Member
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Posted: Tue Aug 26th, 2008 02:02 pm | 22nd Post |
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What? Headlight modulators ARE legal in every state by federal law. Here is a portion of it that states the modulator can be connected to eithe high beam or low beam. With the sensor that disables the thing at low light the only time it will work is during the day...
S7.9.4.1 A headlamp on a motorcycle may be wired to modulate either the upper beam or the lower beam from its maximum intensity to a lesser intensity, provided that:
(a) The rate of modulation shall be 240 <plus-minus> 40 cycles per minute.
(b) The headlamp shall be operated at maximum power for 50 to 70 percent of each cycle.
(c) The lowest intensity at any test point shall be not less than 17 percent of the maximum intensity measured at the same point.
(d) The modulator switch shall be wired in the power lead of the beam filament being modulated and not in the ground side of the circuit.
(e) Means shall be provided so that both the lower beam and upper beam remain operable in the event of a modulator failure.
____________________
Bob..KF4GP
If it ain't broke, fix it till it is!
Life is ten percent what you make it, and ninety percent how you take it!
79 GL1000 46K
86 R80RT
90 K75RT
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Dubswing
Senior Member
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Posted: Tue Aug 26th, 2008 02:09 pm | 23rd Post |
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I have a friend who is a city police officer and teaches the MSF course here in Knox. I was teaching with him this weekend and he was asked if they were legal. He stated that they were illegal in Tenn. for the reasons I listed above. I will ask him to produce the law for me so we can confirm what he has said. He is a seasoned veteran and a good friend and I trust his information completely. However, he could be mistaken, and I will try to find out as soon as I can.
Thanks! Bernie
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Live life like you mean it!
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98Wing-487
Senior Member
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Posted: Tue Aug 26th, 2008 03:38 pm | 24th Post |
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I think many LEOs are uninformed of the legalities or even the existence and purpose of headlight modulators.
When I first got my Wing 3 years ago, I was behind a local sheriffs deputy and he stops practically in the middle of a fairly busy 2 lane road, he motions for me to come up to his door and asked me "What do you want? why are you flashing your lights at me?"
I told him it was a safety feature, as I'm nervously looking in my rearview for oncoming traffic, and I took off.
They are getting more popular in this area though. Thank goodness I'm not the only one now.
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FatherWilliam57
Active Member
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Posted: Tue Aug 26th, 2008 04:27 pm | 25th Post |
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| Headlight modulaors are legal in all 50 states by federal statute. Also, there is a misconception that they modulate between high and low beam intensity. The ones which are legal do not do that...they simply "dim" whichever beam they are hooked up to (whether it be low or high). As far as I know, they do not alternate between the two. Basically what it looks like is when your battery isn't charged properly, you let off the throttle and your light dims. That is all the difference there are when these headlights modulate. You are not "constantly flashing your high beams." Hope this makes sense. Since they are required to have an automatic shut-off when it becomes dark outside, why would anyone care if you were running your high beams during daylight hours?
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The Rev. William B. Henry, Jr.
1994 SE Trike
1986 Interstate (currently stripped to the frame)
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83GoldWinger
Very Active Member
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Posted: Tue Aug 26th, 2008 06:59 pm | 26th Post |
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Dubswing wrote: Headlight modulators are illegal in Tennessee. Tenn. law states that the high beem will not be used when traffic is in front of you. Since the modulator flashes constantly between low and high beem it is illegal. They are great to alert oncoming traffic but very annoying and distracting to have someone behind you flashing their high beems in your mirror constantly. The rear brake light modulators are a different story. Hope this helps.
Bernie
 Head light modulators are 100% legal in all 50 states and Canada. Local law cannot override federal law. The info below is from the manual that came with the "PathBlazer" head light modulator that I installed on my '83 Interstate. No state can unsurp Federal Authority and therefore local Law Enforcement cannot issue citations for the use of modulators in their jurisdiction and expect to prevail in a Court of Law. It does not constantly flash between high and low beam. This modulator works on high beam only and the system has a daylight sensor that points skyward and disables the modulator at night and any other low light situations.
See attached info (this is also on page 1 of this thread, make a copy and keep it with the bike in case their are any questions by local law enforcement)
Attachment: Head Light Modulator.jpg (Downloaded 99 times) Last edited on Tue Aug 26th, 2008 07:34 pm by 83GoldWinger
____________________
83GoldWinger
1983 GL1100 Interstate
Bought New 25 Jan 1983
Candy Regal Brown (the most popular color
__________________________________________
1968 Honda CL350
Bought in 1969 (and still have it)
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Wolfman
Forum Greeter
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Posted: Tue Aug 26th, 2008 07:37 pm | 27th Post |
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83GoldWinger wrote:
Head light modulators are 100% legal in all 50 states and Canada. Local law cannot override federal law.
Yes this is true, however, the state still may have made a law that prevents their use. In which case one of the ways to get that law cancelled out is some lucky motorcyclist has to get caught, get a ticket, go to court, and get the law overturned. That means hiring a lawyer and going to court. Then you may get a judge that disagrees with your position, so then you have to appeal. It can be an expensive process.
Some people gear up for a fight and enjoy it, and some people don't have the time or money to go through it.
The warning about Tennessee is valuable, because until someone can get the state government straightened out, people risk getting tickets.
As for me, I'm the type of guy that would enjoy arguing with a police office on the side of the road and then taking him to court, (but only if I am convinced I am right and he's wrong).
Lot's of people out there don't want to be put in that position.
Also note, as quoted here, in the case of the Tennessee law, it says that you may not travel in traffic using your high beam. It doesn't say anything at all about the headlight modulator. My headlight modulator only works on high beam. There are other headlight modulators that work on low beam also. Good luck finding a judge to overturn that law based on the federal law permitting headlight modulators.
Last edited on Tue Aug 26th, 2008 07:42 pm by Wolfman
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Hawker22
Senior Guru
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Posted: Tue Aug 26th, 2008 10:38 pm | 28th Post |
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| we have been down this road a few times. I was finally able to find a Provincial statute that stated the legality of the modulator in NS. And, being federal statutes in both Canada and USA means that they are legal in all 10 Provinces and all 50 States.
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Hawker22(Ken)
Per Ardua Ad Astra
1997 GL1500SE--White Cloud
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Final Judgement
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Posted: Wed Aug 27th, 2008 12:18 am | 29th Post |
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Finally a discussion where I can offer expertise. My comments are limited to the United States; I have not studied Canada's situation.
The Federal Regulations cited in this thread are accurate, but the writers are not interpreting them correctly. These regulations are part of the Federal Safety regulations that apply to all vehicles, including motorcycles sold in the U.S. They set out minimum standards. Modulators are not required; they are permissive, but must meet the standards set out if installed.
Each State is free to allow or prohibit modulators. Arizona, for example, permits them. Tenn. does not:
This is Tenn. statute:
Tenn. Code 55-9-402(d) (d) (1) No vehicle operated in this state shall be equipped with any flashing red or white light or any combination of red or white lights which displays to the front of such vehicle except school buses, a passenger motor vehicle operated by a rural mail carrier of the United States postal service while performing the duties of a rural mail carrier, authorized law enforcement vehicles only when used in combination with a flashing blue light, and emergency vehicles used in firefighting, including ambulances, emergency vehicles used in firefighting which are owned or operated by the division of forestry, firefighting vehicles, rescue vehicles, privately owned vehicles of regular or volunteer firefighters certified in ยง 55-9-201(c), or other emergency vehicles used in firefighting owned, operated, or subsidized by the governing body of any county or municipality.
There is an exception for green light modulators for funerals. (kind of an interesting law).
I would be happy to check other states on request.
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83GoldWinger
Very Active Member
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Posted: Wed Aug 27th, 2008 12:23 am | 30th Post |
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Hawker22 wrote: we have been down this road a few times. I was finally able to find a Provincial statute that stated the legality of the modulator in NS. And, being federal statutes in both Canada and USA means that they are legal in all 10 Provinces and all 50 States.
That's exactly what I stated that modulators are 100% legal in all 50 states and that local law enforcement cannot override "Federal Standard 108" which makes the use of head light modulators legal on motorcycles. All people have to do is read and understand what is stated in above mentioned federal standard. Tennessee or any other state cannot make the use of head light modulators illegal.
The head light modulator made by Kisan Technologies "Meets Federal DOT Standards".
Last edited on Wed Aug 27th, 2008 12:40 am by 83GoldWinger
____________________
83GoldWinger
1983 GL1100 Interstate
Bought New 25 Jan 1983
Candy Regal Brown (the most popular color
__________________________________________
1968 Honda CL350
Bought in 1969 (and still have it)
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98Wing-487
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Posted: Wed Aug 27th, 2008 12:25 am | 31st Post |
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Thanks Final Judgement
This is getting more and more interesting
Maybe the key wording in the Tennessee statute is "flashing". A modulator does not really "flash"...does it?
Last edited on Wed Aug 27th, 2008 12:27 am by 98Wing-487
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Wolfman
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Posted: Wed Aug 27th, 2008 01:34 am | 32nd Post |
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98Wing-487 wrote: Thanks Final Judgement
This is getting more and more interesting
Maybe the key wording in the Tennessee statute is "flashing". A modulator does not really "flash"...does it?
Exactly. The next step as I see it is to find the definitions in the applicable law of "flashing" and "modulating".
Then file a motion limiting the use of the word "flashing" to the legal definition of flashing (I think it's called a motion in limine).
The quoted law above mentions flashing, with regard to the headlights, and only mentions modulating once regarding green funeral lights. The law obviously recognizes the term modulating.
____________________
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Honda Riders of Tidewater -- Chapter President
http://www.hrot.org/
http://www.hrot.org/martino/goldwing/
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Kit Carson
GL1800 Guru
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Posted: Wed Aug 27th, 2008 01:59 am | 33rd Post |
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I have a Signal Dynamics modulator. It modulates most of the time. But if I actuate the horn it flashes people. So what cha do bout that? It both modulates and flashes...... I am just messing around........modulators are legal in all 50 states ...it is federal law and over rules any local agency.
I forget exactly...but States can set laws and require county's to follow them......local jurisdictions can make their own laws.......the State can always over ride them.
Bottom line it is a federal ruling....modulators are legal.......in all 50 states. A white flashing light like on a mail carrier is just that....a flashing light......a modulator is a modulator........and legal.
Modulators have became numerous enough in the last year.....it would be rare if a LEO stopped you and gave you a ticket. Yes they used to would do that....but lately the modulator has became more common and they know what they are.
Kit
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The Goldwing GL1800 is by far the best motorcycle ever designed in the world. Just to take a test ride on one is a dangerous thing, as you will just have to have one.
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Dubswing
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Posted: Wed Aug 27th, 2008 03:38 pm | 34th Post |
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I can see where one would be willing to spend hundreds of dollars to prove a point. I would rather spend my money on something else. I have the brake light modulator installed, which is legal. I don't have the headlight modulator installed (mudulator/flasher; what is the difference) because state law forebids it in my state. Instead, I have mounted more lights on the front which also serve to make me more visable. For those that use them, I truly understand why and I hope you never have to fight your cause in court.
Bernie
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Live life like you mean it!
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Patriot Guard Rider Member
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FatherWilliam57
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Posted: Wed Aug 27th, 2008 04:25 pm | 35th Post |
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| I could see having to go to court just to prove the point. Perhaps a trip to the city / county / borough solicitor might help. Ask him or her for their understanding of the Tennessee code as compared to the federal code. Ask if he or she could inquire of the state Attorney General for a ruling. Perhaps no one need go to court at all, and you would have a definitive answer to the question.
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The Rev. William B. Henry, Jr.
1994 SE Trike
1986 Interstate (currently stripped to the frame)
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oldtoys1961
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Posted: Wed Aug 27th, 2008 08:17 pm | 36th Post |
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When I moved from Mississippi to TN my last bike had a modulator. THe things save lives.Period. I ran Kury BTR on the rear and the mod with sensor on the front on High beam. 50w driving on the front with the low beams. The modulators can be hooked up either way on low or high. I never got pulled over by any LEA's anywhere while cruising around. Perhaps they've been more educated on riding today and the TN.law is outdated by today's standards. Could be more of a "left up to the officer" if they want to write you up. If it is a law against it in TN then it needs to be revised.
Irratating as they may be to car drivers, they save lives in a nutshell. Nothings more irratating to me than some wad talking on the cell while stuffing their piehole with breakfast and changing the radio station. Nothing can dampen ones day more than having some a-hole park their car on top of you.JR
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1983 GL1100I
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Rudy
Forum Ferret
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Posted: Wed Aug 27th, 2008 08:24 pm | 37th Post |
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I have mine on until I'm stopped in traffic at a light.
Then I switch it off until we start moving again.
Just a little courtesy to the folks in front of me and it takes nothing away from the safety factor.
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SaberCycle: The lesson that just keeps on getting learned.
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Matt G
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Posted: Wed Aug 27th, 2008 10:21 pm | 38th Post |
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Dubswing wrote: I can see where one would be willing to spend hundreds of dollars to prove a point. I would rather spend my money on something else. I have the brake light modulator installed, which is legal. I don't have the headlight modulator installed (mudulator/flasher; what is the difference) because state law forebids it in my state. Instead, I have mounted more lights on the front which also serve to make me more visable. For those that use them, I truly understand why and I hope you never have to fight your cause in court.
Bernie
The difference is, a Modulator does not turn off the bulb, but lowers the voltage then returns it to normal
a Flasher turns the bulb off, then back on.
and as stated here, modulated headlights are legal in all 50 states, flashing headlights are not
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Current Goldwings:
1984 GL1200 "fugly one"
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83GoldWinger
Very Active Member
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Posted: Fri Aug 29th, 2008 11:15 pm | 39th Post |
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Did a little research and found a site that you can check out any state's motorcycle laws. Here is a link for the Tennessee motorcycle laws and on "daytime head light use" it states that headlight modulators are permitted in the state of Tennessee. This should put an end to the question of are they legal or not in Tennessee. YES THEY ARE! That's what we've been trying to tell the Tennessee members.
http://home.ama-cycle.org/amaccess/laws/result.asp?state=TN
Last edited on Fri Aug 29th, 2008 11:21 pm by 83GoldWinger
____________________
83GoldWinger
1983 GL1100 Interstate
Bought New 25 Jan 1983
Candy Regal Brown (the most popular color
__________________________________________
1968 Honda CL350
Bought in 1969 (and still have it)
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Dubswing
Senior Member
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Posted: Sat Aug 30th, 2008 12:57 am | 40th Post |
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I gave a copy of the Federal statue concerning modulators to a friend within the state enforcement division. He has taken it to their legal administrators for clarification and advisement. I should hear back from him in a week or so. As an example he said that while federal laws exist, state institutions enforce them. You have the freedom of speech but if you insite a riot with something you said, you will be arrested. Tennessee reserves the right to enforce their law as it sees necessary. I am not condoning the law or supporting it but know it does exist. I have never seen or heard of anyone being pulled over or receiving a ticket for having a headlight modulator on their bike. Again, I will know for sure where the Tennessee legal dept. stands soon; and I will pass this information on to those who wish to know. Ride safe!
Bernie
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Work for tomorrow, live for today.
Live life like you mean it!
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