Legal Issues that could effect all MV Owners

[swiss]

Good evening everyone. Quick updates tonight, but it has been a busy day at work. No news on the legislative front, but I was not expecting it. I did get some checks in today from those that wanted to send via the US Mail. Thank you all for following up on your commitments.

I spent some time yesterday reviewing the Texas laws and want to thank the Texas members for helping on some of my questions and research.

 

[papabear]

Good evening everyone. Quick updates tonight it has been a busy day. No news on the legislative front but I was not expecting it. I did get some checks in today from those that wanted to send via the US Mail. Thank you all for following up on your commitments.
I spent some time yesterday reviewing the Texas laws and want to thank the Texas members for helping on some of my questions and research.

I sure hope my check was one of em!! I don't wanna be labeled a slacker after all the chit I've talked...LOL. I just don't do the paypal thingy.

 

[swiss]

Yes PB your check came with the case of crown that was delivered today That must have been the hold up

I would like to say Thank You again to everyone that has contributed. It has been humbling the amount of support from all areas of the world even outside the United States by 2 members for the call to help! (I should have labeled the thread HELP )


The personal notes that many of you have included and the posts in the thread have been appreciated and put a smile on my face.

 

[papabear]

Yes PB your check came with the case of crown that was delivered today That must have been the hold up

I would like to say Thank You again to everyone that has contributed. It has been humbling the amount of support from all areas of the world even outside the United States by 2 members for the call to help! (I should have labeled the thread HELP )
The personal notes that many of you have included and the posts in the thread have been appreciated and put a smile on my face.

See...that's part of my strategy!! Any good Southern politician loves Crown...So...when ya have your next meeting, get em all tanked up and tell em how to vote...it's how we do business down here.

 

[joeM62]

This weired I've been seeing M900's coming by my work and they had tags on thems. I've haven't had trouble with the tag office so far. But I will stop one of the guys next time I see them and them about it if it helps any.

 

[poppop]

Joe. I think the problem now is only trucks built by one particular manufacturer is not on the DMV list, so other 900 series truck are being titled. The fear is if someone at DMV takes a hard look at the law then these other trucks should not have been titled and registration could be revoked on them.

 

[Warthog]

What is the total so far?

 

[swiss]

What is the total so far?

Good morning Warthog, We are at $2228.90 with pledges and contributions. If I assume another $150 from the great auction offer by jesusgatos the total is $2378.90.

That is 79% of our total goal of $3000.00. Lets round it out and say we are $600.00 short of the total goal as of today.

Yesterday was the first day that we did not get any new contributions via Paypal since the start of the campaign.

 

[swiss]

Government Education Lesson 101:

Under federal law the states have jurisdiction over vehicle registration and titleing. This is typically called the DMV or Department of Motor Vehicles. Per the Federal Uniform Vehicle code they recommend DMV but states use many names.

The states look to the Federal Code of Regulations when creating local state law (This is governed by Title 49 Transportation)
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title49/49tab_02.tpl

The states then create there local laws and procedures for the titling and registration process

The NHTSA, National Highway Traffic Safety Association governs the FMVSS, Federal Motor Vehicle Safety Standards
http://www.nhtsa.gov/


States identified with specific MV registration and title laws
1.) Texas
2.) Wisconsin
3.) ???


More to come later as I try to put this all together for those that are interested ................

 

[USAFSS-ColdWarrior]

Government Education Lesson 101:

Under federal law the states have jurisdiction over vehicle registration and titleing. This is typically called the DMV or Department of Motor Vehicles. Per the Federal Uniform Vehicle code they recommend DMV but states use many names.

The states look to the Federal Code of Regulations when creating local state law (This is governed by Title 49 Transportation)
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title49/49tab_02.tpl

The states then create there local laws and procedures for the titling and registration process

The NHTSA, National Highway Traffic Safety Association governs the FMVSS, Federal Motor Vehicle Safety Standards
http://www.nhtsa.gov/


States identified with specific MV registration and title laws
1.) Texas
2.) Wisconsin
3.) ???


More to come later as I try to put this all together for those that are interested ................

Swiss:
Good job, troop! Keep up the good work. Looking forward to seeing additions to your curriculum.

 

[ABN173]

Wow, I went to the field in January for a week (yes our unit jumped into Holland DZ just after most of tornado warnings/watches pasted last Saturday!) not the warmest FTX I have been on! Anyway just read all the post I missed from the past week! Good job Fellas! I'm still sharing the http://www.gofundme.com/militaryvehicles link around on Facebook too.

-Dale

 

[joeM62]

I understand that but the trucks that I was talking that I seen were 1 BMY 931 and 1 M923 AM General and a BMY M923 and this one had a tag on the back of it. If we can't tag a BMY in GA how did this pass with a tag, I will keep an eye out for truck and ask the owner.

 

[Csm Davis]

Government Education Lesson 101:

Under federal law the states have jurisdiction over vehicle registration and titleing. This is typically called the DMV or Department of Motor Vehicles. Per the Federal Uniform Vehicle code they recommend DMV but states use many names.

The states look to the Federal Code of Regulations when creating local state law (This is governed by Title 49 Transportation)
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title49/49tab_02.tpl

The states then create there local laws and procedures for the titling and registration process

The NHTSA, National Highway Traffic Safety Association governs the FMVSS, Federal Motor Vehicle Safety Standards
http://www.nhtsa.gov/


States identified with specific MV registration and title laws
1.) Texas
2.) Wisconsin
3.) ???


More to come later as I try to put this all together for those that are interested ................

You can add Ms and La to your list.

 

[swiss]

You can add Ms and La to your list.

Excellent feedback Jeff, that helps me narrow down my research knowing specific states that may be MV friendly I will review MS and LA for language and approach.

JoeM62: There are BMY's that are registered in Georgia via the following manner:

1.) Registered illegally wrong as a AM General
2.) Local DMV office put in a manual override with out proper authorization
3.) Older than July 1st 1986

The law is very clear.

 

[bchauvette]

Is there a point of argument in the pat of the statement "not meant for road use"? when it clearly is. What is the official Challenge the DMV channel for Georgia? Are there official DMV lawyers.

 

[swiss]

Butch I am not sure I understand the question related to "not meant for road use?" Federal and GA law does state if a vehicle was designed primarily for Off Road use then they are not legal to be registered for road use. In Wisconsin in the case of the Pinzar, it was originally classified as an off road vehicle by the state. The burden of proof that this was not an off road vehicle fell on the private individual who used the courts to challenge this ruling and then subsequently proved that a Pinzar was not explicitly for off road use. The foreign owned military vehicles have other challenges related to importing them such as customs etc.

The DMV in Georgia may issue a letter to an individual if they choose to deny a registration. Zout did a great job in pursuing the problem through all the appropriate channels and moving up the chain until it got to the top. He did get a letter clearly defining why the registration was denied which provided the information to better understand the problem and then look at the necessary law changes. That is how we have gotten to this point today.

Once they rule it would take a court challenge by an individual or group of individuals to overturn the ruling in Georgia. There is no appeal process setup in Georgia and this may be true in many states.

In Wisconsin owners who had registrations of their vehicles one year, had them revoked by the state the next year. It took legal and legislative battles to win back their vehicle registrations. This was an expensive and time consuming process.

 

[zout]

I have why they will not in signed reply documents and they all refer back to the GA Code of References.

Just like the BIBLE - don't listen to what folks are telling you - if your taking a stand for your belief - go check them out yourself. Some of the area's to look were typed in previous posts.

Other than that we have specific documents that refute that argument to challenge it - in plain ENGLISH (meaning you do not have to press 2 to get it). Designed for highway use and capable of off road use and these are ground wheeled vehicles. Words like exempt are in them.

I stated above - anyone not believing this I will be happy to let you take over these files (thousands of pages) - I have had no replies - all the documents to take our stand are in these along with WHY the State will not let you title or register anything from July 1986 and newer.
Just because you have it - driving it - etc does not make it legal - that is what is being explained to you.

If you look up and read the Georgia Code of Regulations - you will find out quickly why we need this lobbyist.

 

[Tow4]

Florida also has special licensing provisions for former military vehicles. Paragraph 5 and 6.

http://www.leg.state.fl.us/statutes...ng=&URL=0300-0399/0320/Sections/0320.086.html

 

[swiss]

Many people in the background have said "Just register it this way or that way" to get around the problem. Yes in life there are many loopholes or shortcuts to achieve an end result. Many of us behind this change, Zout, PapaBear, myself and others would rather work to fix the problem properly and legally. To properly memorialize history and long term help the MV hobbyist it is better to act with honor than take shortcuts.

 

[zout]

Swiss - I do not intend to add more to your statement above - but there are repercussions possibly ahead for those that have or running under what your first statement is above. It all falls back onto the citizen to be aware. You cannot and do not have a leg to stand on to go back on the State and plead ignorance - that is why you have to read this stuff for yourself to know - how much plainer can it get:

O.C.G.A. § 1-3-6
GEORGIA CODE
Copyright 2013 by The State of Georgia
All rights reserved.
*** Current Through the 2013 Regular Session ***
TITLE 1. GENERAL PROVISIONS
CHAPTER 3. LAWS AND STATUTES
O.C.G.A. § 1-3-6 (2013)
§ 1-3-6. When laws become obligatory; effect of ignorance


After they take effect, the laws of this state are obligatory upon all the inhabitants thereof. Ignorance of the law excuses no one.

HISTORY: Orig. Code 1863, § 8; Code 1868, § 7; Code 1873, § 7; Code 1882, § 7; Civil Code 1895, § 7; Penal Code 1895, § 4; Civil Code 1910, § 7; Penal Code 1910, § 4; Code 1933, § 102-105.