Re: Light sensors

On Wed, 31 May 2006 12:47:43 -0400, "Mike T." <noway@xxxxxxxxx> wrote:

Since the lights are NOT cycling through their sequence 21453(c) does
not apply. You are free to legally procede once you have determined
that the signal sensors are defective; and that it is safe to procede.

That's what I've been doing. But where in the vehicle code does it specify
that disobeying the red arrow is OK, if it's not functioning properly?
Common sense would say it SHOULD be OK, but cops aren't paid to think.
Sometimes, I don't believe they have the ability to think, either. -Dave

More likely is that they are not authorized to think. If you get
pulled over you state that the light was not working and thus does not
apply. If you get cited anyway you go see the judge. I would get a
witness to vouch that the motorcycle does not trigger the signal; or a
video of it not functioning. And I would report the signal to whomever
installed and maintains it to document that the signal is
malfunctioning.

Actually I'd report it even without the ticket. Haven't found any
locally, yet.

I am not a lawyer, nor have I checked any case law on this, but...

Our laws specify what is prohibited, not what is allowed. 21453 says
the driver shall not procede against the red indicator. However,
21450 states that 21453 only applies when the lights are "showing
different colored lights... successively..." If they do not, then
21453 cannot be applied and you default to facing an uncontrolled
intersection.

From what little exposure I have had to the court system, the judges
seem to be reasonable. With the exception of believing in the
testamony of the officer over that of the defendent in a he says - you
say situation. Hence the need for the video or an independent
witness.

.