No charges against Schwarzenegger in motorcycle accident

ap on Bakersfield Californian ^ | 1/11/06 | AP

[NormsRevenge]

LOS ANGELES (AP) - Gov. Arnold Schwarzenegger's weekend motorcycle crash left him with a fat lip and a political black eye, but he won't be charged with a driving violation, officials said Wednesday.

Schwarzenegger was on his Harley-Davidson, with his 12-year-old son in a sidecar, when he collided Sunday with a car on a winding canyon road. Police said he was driving without a license, but the city attorney declined to file any charges after reviewing the accident report.

"The city attorney will not file any charges. We will not cite him," said Officer Grace Brady, a police spokeswoman. Even though police concluded he was unlicensed, the department "cannot go back and cite the governor because we did not witness the driving."

The low-speed accident turned into a political embarrassment for the governor, who acknowledged he'd driven a motorcycle for years without the proper license.

[soccer_maniac]

it's good to be Governor :)

[Amerigomag]

Since Schwarzenegger was reportedly escorted by a state police detail at the time of the incident, I'd find it incomprehensible if he were charged with anything beyond driving too fast for prevailing conditions and that would be a politically motivated stretch at his reported speed of 20mph just prior to the collision.

[NormsRevenge]

I say Guvernor, may want to slow down a wee bit , wouldn't want to make the news , now would we. ;-)

[Dubya-M-Dees]

Interesting.. especially considering that in California, no special endorsement is needed when operating a motorcycle as long as it has a side car, which his did.

I love how everything is politicized.

[microgood]

Don't cite me, if you want to live.

[Paloma_55]

As much as I think he is an idiot for not having a license...
and as much as I think he is getting special treatment...

if it was me, I would think it was heavy handed to cite someone for not having a motorcycle license in this case. A warning would be sufficient.

We don't need the cops riding everyone's ass on such minor things.

[SheLion]

Outside of not having a license, why should they cite him? The other driver pulled out in front of HIM!

[DManA]

Usually around this time in discussions like this some idiot pipes up with the nonsense that driving is a privilige not a right.

[RedBeaconNY]

Don't cite me, if you want to live.

Am I missing something?

[Squeako]

Am I missing something?

Terminator II quote, "Come with me, if you want to live."

[RedBeaconNY]

Oooohhh. Puzzlement fizzled.

[04-Bravo]

I don't think he should be charged with a traffic violation. But I wish the public officials would be honest about why they don't want him charged: It would probably be embarrassing to prosecute the governor for a minor traffic offense, and could create hard feelings between various departments.

I just read the online version of the California Vehicle Code, to refresh my failing memory, and I think it is clear that a motorcycle endorsement is required to drive a motorcycle on a public roadway, even if it has a sidecar (Section 400, motorcycle defined).

The LAPD spokeswoman was wrong is she said they can't cite him because they did not witness him driving. A person involved in a traffic accident may receive a citation in the mail, issued by a traffic investigator who has prepared or reviewed a collision investigation (Section 40600). Perhaps they didn't conduct a full investigation. If so, I don't blame them. I imagine it would be awkward to ask the governor for his motorcycle license, registration, and proof of insurance.

[JoeFromCA]

The vehicle the Governor was driving/riding was a motorcycle, per sec. 400(a) of the California Vehicle Code, below:  

Motorcycle

400.   (a) A "motorcycle" is any motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground, and weighing less than 1,500 pounds.

(b) A motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (a).

(c) A motor vehicle that is electrically powered, has a maximum speed of 45 miles per hour, and weighs less than 2,500 pounds, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (a).

(d) A farm tractor is not a motorcycle.

(e) A three-wheeled motor vehicle that otherwise meets the requirements of subdivision (a), has a partially or completely enclosed seating area for the driver and passenger, is used by local public agencies for the enforcement of parking control provisions, and is operated at slow speeds on public streets, is not a motorcycle. However, a motor vehicle described in this subdivision shall comply with the applicable sections of this code imposing equipment installation requirements on motorcycles.
Amended Ch. 972, Stats. 1992. Effective January 1, 1993.
Amended Ch. 594, Stats. 1993. Effective January 1, 1994.
Repealed Ch. 594, Stats. 1993. Effective January 1, 1994. Operative January 1, 1997.
Amended Ch. 675, Stats. 1994. Effective January 1, 1995.
Repealed Ch. 675, Stats. 1994. Effective January 1, 1995. Operative January 1, 1997.
Repealed Sec. 2, 3, and added Sec 4, Ch. 453, Stats. 1996. Effective January 1, 1997.

---

[Amerigomag]

I think it is clear that a motorcycle endorsement is required to drive a motorcycle on a public roadway, even if it has a sidecar

The California Motorcycle Handbook 2005 allows operation of a motorcycle plus sidecar without an M1 endorsement. A Class C, California Driver License and proof of financial responsibility are the only requirements.

[Amerigomag]

From what I've read thus far, and I have an M1 endorsement, there is a conflict between the California Motor Vehicle Code and the way the California Department of Motor Vehicles interprets that Code.

Apparently, the Los Angeles Police Department follows the Code in their enforcement actions and therefore, so must local, municipal courts in Los Angeles. The California DMV, on the other hand, apparently only requires a Class C license if an applicant show up for a driving test in a motorcycle with a one-wheeled sidecar attached.

[04-Bravo]

Thanks for the update. That explains why DMV and LAPD seemed to be giving out conflicting information.

[rolling_stone]

KFI radio reports no motorcycle endorsement needed with sidecar:



KFI NEWS has learned California Governor Arnold Schwarzengger does not have a motorcycle endorsement on his driver license, though an exemption for side cars means he didn't break any laws Sunday when he was involved in a collision on Mandeville Canyon Road.

"The governor has acknowledged he does not have the license," spokeswoman Margita Thompson told KFI NEWS Monday, though she says the governor now promises to get one.

A Department of Motor Vehicles spokesman explained Schwarzenegger has a Class C license, which entitles him to operate a motorcycle with (emphasis added) a sidecar -- even without the motorcycle endorsement.

http://www.kfi640.com/ericleonard.html

calif Motor Vehicle codes license
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=03969910962+0+0+0&WAISaction=retrieve

[roadcat]

The California DMV, on the other hand, apparently only requires a Class C license if an applicant show up for a driving test in a motorcycle with a one-wheeled sidecar attached.

Do you know anyone who showed up for a driving test with a sidecar? I'd be interested in hearing how they test sidecar driving. When I last tested for my M1 years ago, I had to do slow tight figure eights on my motorcycle. That would be a breeze on a 3-wheeler/sidecar equipped motorcycle.

[Amerigomag]

That would be a breeze on a 3-wheeler/sidecar equipped motorcycle.

Same as a car. Just be sure to show up on a rainy day. Really pi$$es off the examiner.