Biker Howls Over Pooch’s Ticket : Citation: Officer says a ‘person’ may not ride on gas tank. But motorcyclist insists his pet is no lady.

WOODLAND HILLS--For all that Jeremiah Gerbracht loves his dog, Harley, he’s digging in to fight the LAPD’s attempt to call her a person.

And if she’s not a person, then there was nothing illegal about her riding on the gas tank of his motorcycle (also a Harley).

Because he and Harley, a 50-pound husky, go everywhere together, Gerbracht trained her to straddle or crouch atop the leather-upholstered gas tank of his 1986 Harley-Davidson FLTC and cruise along with him. Specially designed instrument clusters and raised handlebars ensure that Harley doesn’t get in the way of the controls, and double-thick heat shields protect the animal’s paws and tail from getting singed on hot engine parts.

But a couple of weeks ago, an LAPD officer spotted the freewheeling pair near Gerbracht’s home in Woodland Hills.

“The officer kind of did a double take,” Gerbracht said. “He turned around and pulled us over.”

Gerbracht--a member of ABATE, a bikers’ rights organization--told the officer that the state’s motor vehicle code does not prohibit dogs from riding on motorcycles.

But the officer ticketed Gerbracht anyway, citing a part of the code that prohibits a “person” from riding on a part of a motor vehicle not intended for the use of passengers.

Hoping to strike a blow for motorcycle-borne hounds everywhere, Gerbracht is contesting the ticket.

“If they’re telling me that Harley is a person, I think that would set quite a precedent, wouldn’t it?” said Gerbracht, who says he’s toted dogs on his motorcycles safely for years--as do scores of other motorcyclists.

“And if they define her as a passenger, that means that people could take their dogs [to qualify to drive] in car pool lanes, doesn’t it?” Gerbracht asked.

Gerbracht’s attorney, J. Russell Brown Jr., says the case is winnable. He knows of many motorcyclists who tote their pooches in similar fashion, and has never heard of one getting a ticket for it, said Brown, a well-known motorcyclists’ rights lawyer.

“The legislative intent with that part of the vehicle code seems to apply to persons,” Brown said. “If you look in the dictionary under ‘person,’ it does not say anything about dogs.”

A spokesman for the California Highway Patrol said the issue would probably have to be decided by a judge. “I know section 21712 well,” said CHP Officer Richard Obregon, referring to the code under which Gerbracht was ticketed. “That part talks about persons, and a dog is not a person.”

But Obregon said another section of the code, concerning unrestrained animals, might be applicable. “If the animal was not tethered in any way, there might be a problem,” he said.

Gerbracht’s previous pet, a German shepherd/Siberian husky mix named Jenny, also had a special talent. She made it into the Guinness Book of World Records as the only dog in the world with a special tree climbing permit, issued in the late 1970s by San Francisco city parks officials after they learned that Jenny liked to climb trees to chase squirrels.

Jenny, who also rode Gerbracht’s motorcycles, died several years ago, and Gerbracht said he couldn’t even think about another dog until he ran into Harley at a shelter in Agoura a month and a half ago.

Harley appears happy aboard Gerbracht’s rumbling ride. Gerbracht has rigged a water-drip bottle to the handlebars to quench Harley’s thirst as they ride, and says the dog has never so much as slipped on her perch.

“Ride, Harley, ride!” Gerbracht shouted. Harley hopped up on the tank and sat on her haunches. “Rest, Harley, rest!” he commanded, and Harley hunkered down atop the padded, saddle-like tank, her wet nose an inch or two from the windshield.

“This dog is special,” he said. “And this matter with the ticket, it’s not just about me. It’s about Harley. And my bike. A man, a dog, a bike and freedom.”

With a wink and a woof, they were off.