Why is that idiot bicyclist in my lane?

[happyslug]

13. It is actual worse in most states...

For example it is ILLEGAL in Pennsylvania for any bike violation be for more then $10. It is also illegal for a local municipality to pass regulations as to bicycles (and this was true in the 1950s and 1960s).

On the other hand, most municipalities would pass such laws more to help in the recovery of lost bicycles then anything else (i.e. register the bike, when it is found, returned to the owner if registered with the Municipalities). Since it is clear such a law violated State Law, the "Fine" for NOT registering the bike is nominal as oppose to being actual (The Police can issue such a fine, but if challenged any judge will throw it out). The money is used to set up the program, but if you willing do NOT join in the program, that is legal also. The reason is even through it is mandated by local law it is NOT legal under state law.

I will NOT go into an equal protection argument, (If the Local Government does this for bicycles, why not automobiles? for the possible excuse is the state already does it for automobiles, but then you have the argument that the State made a DECISION not to do so for Bicycles that the local government can NOT ignored).

These bicycle license laws were and are popular by local government but they have a problem, what about people who BIKE through your city? Do they have to license the bike in EVERY city they go through? Given that Automobiles do NOT have to?

These arguments were made in the 1950s and 1960s and almost never went above District Justice courts (who tended to throw them out for even the DJs new these laws were unjust). If they the laws were upheld at DJ level, the higher courts, when the laws came up to them strike them down (and in most cases the city just withdrew the ticket if the law was challenged, often acknowledging the law was illegal). Thus you ended up with laws on the books that no one would enforce, except for idiots who thought the laws were valid (and to scare teenagers). You have a whole series of such laws to scare teenagers, most unconstitutional or otherwise violate some state or federal law.

Thus one of the problems with these laws are that most people do not know they exists and no one wants to spread the word of there existence in case someone may actually file a lawsuit to strike them down. These are laws passed for problems the local government face, and this appears to be a good solution to that problem. The problem is these laws are NOT permitted by State Law or otherwise unenforceable. Most were pass by local city council as a solution to bicycles found on the streets, how do you return it to its owner? A license seems to be an answer, but how do you pay for the license? The answer is a license fees, but such a fee defeats the whole purpose of the law (i.e. Kids do NOT have money).

Surprisingly most such laws have the local Fire Department handle the license requirements. The reason for this was simple, the fire department had the free time to handle such licensing (They do NOT do patrols) and the space to hold such bicycles. Furthermore in major cities many Firemen work on such bikes during they down time, they have to be at the station anyway, you can only train so long, you can only maintain equipment so long, thus the bicycles gave them something to break up the routine. In areas served by Volunteer Fire Departments, the volunteers would do for the same reason, they were on call, they had to be at the station anyway, and it gave them something to do (and NOT to do, if things of higher priority came up, actual fires, other emergencies, training and maintaining equipment). I have heard of Police officers helping the firemen, again on their own time, but leaving the bikes at the fire Station for it is a good place for them (in many cases Police handle cases on a call in basis, i.e. stay at the station until someone calls in, then go out to see what the matter is). In such situation they are like firemen, waiting for something to happen. In such situations doing SOMETHING is better then doing NOTHING.

As I was saying, such laws were passed to address the problem of found bicycles and how to get them back to their owners. It appeared to be a good solution on the surface, but in practice a bad solution, but one that stays on the books for everyone works around the problem caused by the law (i.e. do NOT enforce the license requirement).