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Brakelight Modulators in California - Illegal or not?

8.8K views 29 replies 18 participants last post by  Guest  
#1 ·
I have a 750 2005 Shadow Spirit and I'm not really happy with the single bulb taillight. Before purchasing any replacement, I thought I'd check with the CHP on the legalities of the "pulsing" taillight modulator.

According to an officer in Sacramento, this would be considered an illegal modification to the bile and would be citeable.

Anyone else running a modulator in California or familiar with this issue? I want as much safety as possible but I don't need harassment stops.
 
#2 ·
Headlight modulators are legal in all 50 State because of a US Dept of Transportation order. Tail/Brake light modulators are not cover by any order so different States and Jurisdictions can make their own decisions on them being a traffic Violation or not.
 
#3 ·
agreed. it's a federally legal statute. I posted links to the federal law that you could print out to carry with you. The officer you speak of is not up to date on the regs.
 
#4 ·
chornbe said:
agreed. it's a federally legal statute. I posted links to the federal law that you could print out to carry with you. The officer you speak of is not up to date on the regs.
Chornbe, he is asking about Tail/Brake modulators. I did a search on the AMA site and could not find anything that says DOT allows Tail/Brake Modulators. Unless you have something I can't find California can say they are Illegal. The only Dot Reg I have covers Headlight Modulators.
 
#7 ·
I have a brake light modulator, it flashes 5 times and then holds on solid.

How is the cop going to know if the modulator flashed the brakes or I just pummped them 5 times? He won't, therefore no ticket. He'd have to be a complete jacka$$ to ticket you for that.

None of the brake light moulators I've seen advertised did anything more than flash quickly a few times then hold a solid light. Now if it kept flashing like a emergency vehicle, then I could see a ticket coming.
 
#8 ·
iamsmiling said:
I have a 750 2005 Shadow Spirit and I'm not really happy with the single bulb taillight. Before purchasing any replacement, I thought I'd check with the CHP on the legalities of the "pulsing" taillight modulator.

According to an officer in Sacramento, this would be considered an illegal modification to the bile and would be citeable.

Anyone else running a modulator in California or familiar with this issue? I want as much safety as possible but I don't need harassment stops.
:lol:
I've seen CHPs with brake light modulators.
It is legal - federal law supercedes any California law - even though there is nothing on the books against them.
 
#9 ·
Towmoter said:
chornbe said:
agreed. it's a federally legal statute. I posted links to the federal law that you could print out to carry with you. The officer you speak of is not up to date on the regs.
Chornbe, he is asking about Tail/Brake modulators. I did a search on the AMA site and could not find anything that says DOT allows Tail/Brake Modulators. Unless you have something I can't find California can say they are Illegal. The only Dot Reg I have covers Headlight Modulators.
Ack! Apologies. I was specifically thinking headlights.
 
#10 ·
rickbb said:
I have a brake light modulator, it flashes 5 times and then holds on solid.

How is the cop going to know if the modulator flashed the brakes or I just pummped them 5 times? He won't, therefore no ticket. He'd have to be a complete jacka$$ to ticket you for that.

None of the brake light moulators I've seen advertised did anything more than flash quickly a few times then hold a solid light. Now if it kept flashing like a emergency vehicle, then I could see a ticket coming.
I guess my one track mind thought about DOT Regulation and stuck there. Just tell the Officer you like pulling the Brake handle and there is no law against that. Problem solved, what is the next world crisis?
 
#11 ·
I read somewhere were the MSF suggest hitting the tail lights around 3 times for safety anyway. Its just being done automatically with a mod. I run mine down here in MS without problems, local cops see's me all the time and doesnt ticket. Its a safety feature and they know it.JR
 
#13 ·
Yep, some day I will get stopped by a leo with too much time on her hands 'caus my tail light "modulater" twirls constantly unless the brake is on, then it flashes. Most drivers behind me aren't sure what the heck is going on so they stay back, illegal, maybe, maybe, but doesn't seem to be in in Ne, Kas, Iowa, Mo. Gotta take time to find out in S.Dak, N. Dak, Col. and Arky soon. In my humble imagination that twirl helps bundles on I-80 at night.
 
#15 ·
AngryHatter said:
It is legal - federal law supercedes any California law - even though there is nothing on the books against them.
It's the other way around. Federal law does not supersede local laws.

If local laws are more strict, they supersede federal laws,
when dealing with vehicle and traffic codes.

The biggest example is emissions. California emissions standards
are MUCH higher than federal standards.

The only time a federal statute would carry more weight is when it
specifically says all states MUST comply to the statute without change;
(IE: Headlight Modulators).
 
#16 ·
rickbb said:
I have a brake light modulator, it flashes 5 times and then holds on solid.

How is the cop going to know if the modulator flashed the brakes or I just pummped them 5 times? He won't, therefore no ticket. He'd have to be a complete jacka$$ to ticket you for that.

None of the brake light moulators I've seen advertised did anything more than flash quickly a few times then hold a solid light. Now if it kept flashing like a emergency vehicle, then I could see a ticket coming.
If you check your State riders manual I bet you will find the same thing that most States have in their rider handbook. " Flash your brake lights several times when stopping to alert drivers behind you".

These Barney Fife type cops flame me to no end.

Chris
 
#18 ·
I don't use a tail light modulator but do have the electrical connection set up and making my rear turn signals also work as break lights gives me three lights in the rear and as mentioned just pumping the brakes a few times seems to work damn good for me so far.
 
#19 ·
I will have to check my state laws here, but I personally am not going to begrudge a fellow rider to have an extra safety feature on their bike.

I can see it now, "Sir, can I see your license, insurance, and could you pull your brake lever so I can see if it's modulated?"

I tend to leave bikers alone, unless they are doing something really stupid. Mandatory helmet state here in MO, but I don't see that many violations.

However, you are correct, there are some LEOs with too much time on their hands.
 
#20 ·
On my Valky, I have a tail light mod. The previous owners, from Nevada, installed the mods, both headlight/tail light. I have ridden her since July. During this period I have had LEO's behind me several times when I put on the brakes. No problem. Not sure why it would be against the law as flashing your brakes to let folks know problems ahead is a standard defense driving technique.
 
#21 ·
I will be installing something on my bike to make it more noticeable. Took the wife out for her inaugural trip last night and had 2 cars turn in front of me, and another just move into my lane while negotiating a left turn. I'll also be getting a Stebel air horn.
 
#22 ·
(obviously I'm in another state)

I called the sheriff's department when I was going to put those valve lights on my bike's wheels.

I was told that unless a biker put the blue or red lights on a bike (which are for police/emergency vehicles) or lights on the front that would blind an oncoming car, they didn't care how we lit our bikes up or how many or what kind.

I would assume that 99.9% of LEO understand that we have to make our bikes noticeable for safety sake .... hope it's not the .1 percent that pulls you over though.......... :(

I find that the stock "lunchbox" style taillight on my Spirit works pretty well.
 
#23 ·
Well it certainly sounds like I can probably get away with a modulator even if (marginally) illegal. And I will grant you the CHP probably responds in the most conservative way to phone questions like this.

I'm planning on converting my rear lights (probably when I move them to make room for saddlebags) to dual-purpose running/turn signals to give me a greater presence in the rear and, if I replace the headlight I may add a modulator there too.

The bike's black so I used a sheet of the 3M black reflective material to add some reflective points on the front and rear fenders for greater side visibility.

It would look stupid but I'm half tempted to just light up the whole bike with LEDs if it would actually get cars to notice me before they hit me; maybe get a blinking yellow helmet or something.
 
#24 ·
FWIW, I've seen one model of car, actually a mini-van that has a brake light modulator on the brake light above the rear hatch. I've only seen three of these vans but each had the lights which would make me think they are either origiinal equipment or option and in either case then you'd think they were legal in all states.
 
#25 ·
iamsmiling said:
Well it certainly sounds like I can probably get away with a modulator even if (marginally) illegal. And I will grant you the CHP probably responds in the most conservative way to phone questions like this.

I'm planning on converting my rear lights (probably when I move them to make room for saddlebags) to dual-purpose running/turn signals to give me a greater presence in the rear and, if I replace the headlight I may add a modulator there too.

The bike's black so I used a sheet of the 3M black reflective material to add some reflective points on the front and rear fenders for greater side visibility.

It would look stupid but I'm half tempted to just light up the whole bike with LEDs if it would actually get cars to notice me before they hit me; maybe get a blinking yellow helmet or something.
Bet you'd also get a differing answer if you asked an officer "off the record," as opposed to a phone call that may be recorded or may be an audit/investigation.
 
#26 ·
This thread started asking if the modulator was legal or not. My thought went to the debate over headlight modulator and the DOT regulation for it. I will not try to speak for Chornbe but I think he did the same thing. I feel this has started this and it is not necessary. As long as you don't have a brake light that just flashes continuously you are OK. The headlight mod is a different thing and that is what I thought of. Brake lights are different, if you want to sit there and squeeze you brake lever you can as many times as you want, the modulator just flashes several time and goes steady. I agree with the above if you just call the Police and ask them if it is legal they might say yes or no but on the street it is different you would have to piss him off pretty bad for him to make you take your tail light apart on the side of the road and if you have already gone that far he will write you for something even if it is nothing.