Fuel sticker violation in NC

[Flyingvan911]

It falls under implied consent. If you choose to drive a vehicle, by default you give consent for certain types of checks. Fuel, alcohol, etc.

 

[rmgill]

It falls under implied consent. If you choose to drive a vehicle, by default you give consent for certain types of checks. Fuel, alcohol, etc.

Except the penalty for failing to give the consent is not the loss of the drivers license but the levying of another fine. Still looks like an end run around the 4th amendment.

 

[rmgill]

Driving is a priviledge - not a Right.

If you drive - you either do or don't obey the laws for the priviledge.

Choose not to wear a seatbelt - get a ticket
Choose to text and drive - get a ticket

Just because you're driving doesn't mean you give up the rights to not have your vehicle searched. Case in point, just because a firearm is in open view doesn't mean an officer has cause to seize the firearm, albeit temporarily and run the SNs. That constitutes an unlawful search AND seizure of the firearm. Even as part of a lawful stop, such search is NOT lawful.

In this case we're talking about a search of the vehicle, a specific place, but a search none the less. Once again, for said search, absent ANY RAS or PC what is the basis of the search. With a DUI, they're not pulling ANY random person over, they're acting on the basis of the behavior of the driver. I'm driving down the road, what basis of RAS or PC is there for the search of the fuel tank?

 

[Ferroequinologist]

Generally they won't just pull you over to check the tank. You get pulled for something else, then they also dip the tank. If you get pulled in a big truck, they will also look the whole rig over for any other violations. The fuel in the tank, is treated like a busted tail light or broken mirror out in the open as far as fines and inspections are concerned.

I loose all rights to my vehicle when I drive to work on the AFB. It can be searched at anytime and stripped to the frame if they have reason too.

 

[03silverado]

As far as I know there is no reason why a personal use vehicle would require a IFTA sticker I know our work trucks have them but they are also a commercial vehicle now this law my vary from state to state but being federal i doubt it

 

[paulfarber]

As I posted, you refuse to let them dip your tank you will be cited. Now if you can convince the judge that they had no legal reason to dip your tank then you are golden.

I have only read that one case from Illinois, but the logic of the appellete court in that situation was pretty clear. They can and will check you fuel. Every one of his defenses were shot down (even the 4th).

I will look to see if there are any PA specific cases.

 

[paulfarber]

Found one.

The public health law manual - Google Books

I have not read the cited case... but it appears that they need a warrant for administrative searched unless exigent circumstances are noted. There is one caveat... the truck was parked in his private driveway, not on a public street, so he got off becuase they had to enter his 'residence' to perform the search.

 

[Ripcord01]

And after reading this I thought Maryland was a PITA..Wow that is a mess. the gooberment at it's best.. the screwing of it's own.

 

[kipman]

I self reported and paid the State of Ohio one week ago, waiting on a receipt. It is .28 a gallon.

 

[84crawling]

Anybody by chance know the ppm of dye in off road diesel ?

 

[Mikefink]

I'm planning on getting a '69 m35a2 and I live in nc. So if I get antique plates and bobbed it do you guys think I would have any issues with this? I work at a chopper shop and I have an unlimited supply of WMO and I'd like to use it!

 

[Flyingvan911]

You should be safe since you will only have two axles.

 

[gunboy1656]

I'm planning on getting a '69 m35a2 and I live in nc. So if I get antique plates and bobbed it do you guys think I would have any issues with this? I work at a chopper shop and I have an unlimited supply of WMO and I'd like to use it!

Problem with that plan is to qualify for antique you can not make any major changes to the vehicle, like chop off an axle.

 

[paulfarber]

Actually you can register it as a historical MV.. the XM813 (xm813.com)

 

[m-35tom]

as long as you don't get caught, you are fine. if you get caught, don't complain.

tom

 

[Flyingvan911]

You should be safe since you will only have two axles.

Oops. I guess not.

 

[Mikefink]

Problem with that plan is to qualify for antique you can not make any major changes to the vehicle, like chop off an axle.

well if titling/registering this is anything like my antique motorcycle with a handmade hardtail frame I shouldn't have a problem here in NC! So lets say I leave it three axles with it as an antique do you guys think i'l be able to run wmo?

 

[paulfarber]

Running WMO has nothing to do with registration.

It could open you up to Fuel taxes... but not registration.

 

[NEIOWA]

You agree to all sorts of things the you are not aware of as a condition to operating a vehicle on public roads.

Read this:

http://www.revenue.state.il.us/LegalInformation/Hearings/mf/MF07-6.pdf

Its been scrubbed of personal info... but I can't see it being vastly different in the other states.

That's interesting reading. Interesting logic "Unreasonable searches and seizures
are prohibited under the fourth amendment to the United States Constitution" and as the State of Il doesn't do illegal things no violation of the fourth ammendment.

Lord help the defendent that finds a broad on the bench. Big surprise the State of Ill is full of BS.

 

[paulfarber]

The key word is UNREASONABLE.

You may not like it.. but is it reasonable?

Remember.. you must know every law ever written, every ordinance, rule, regulation, administrative ruling and court precedent not only the black letter law, but the spirit and intent.... so.. with all that knowledge you should have a good grasp of what is reasonable.