According to the law as I read it the vehicle has to be inoperative "and"
without a license. You said your vehicle was a running vehicle.
Write them a letter, and send it certified mail to the complaint officer.
Ask why you are being questioned about the vehicle when according to the law,
your vehicle does not fit the legal description of a junked vehicle. Do
everything in writing. Consider anything said verbally to be nonsense and at
best advice. Ask what the due process procedure it to appeal. They have to
tell you the due process procedure if you ask.
Before sending this letter I'd go and talk with the officer to find out where
they are coming from. If you discover that you have a neighbor who is
bitching to someone about your car, find out who it is and confront them and
ask them what the problem is. If they act like total idiots. Find something
wrong with their property (everyone violates rules occassionally) and report
them. Some communities have laws against leaving your trash cans out too
long on trash day. Consider calling the police if you see late night
activity at the address, after all it "could" be a crack house.
If all of this bullshit continues, and their seems to be no end in sight, get
minimal insurance and buy plates, then drop the insurance. You are only
required to have insurance while operating a motor vehicle in most states.
You don't have to have insurance while not operating a vehicle.
If you find out who is bitching about your car and they allow on street
parking. Consider buying another car that is a real peice of shit, but still
runs. Insure it, plate it, park it in front of their house and move it about
3 feet every few days. Let them rant and rave. Hey it is still a free
country, sort of. (;->)
They won't worry about your 68 Mustang any longer.!
Paybacks are hell.
Dave
>>>>>>>>>>>>>>>>>>>>>>
Jumpmaster wrote:
> Need your opinions, folks...
>
> While this particular situation doesn't specifically
> apply to a military vehicle, it can. It almost did
> before when the city was harassing me about my M38A1.
> Now, they're trying to harass me about my '68 Mustang.
> My theory is that someone in the city government has
> seen it and is trying to confiscate it for their own
> personal use.
>
> I would like opinions on the interpretation of the
> following definition of "junk motor vehicle". The way
> I read it is apparently contrary to what the city
> believes it says. The code enforcement goon that has
> been continually harassing me over the past 5 years
> has asked me to demonstrate the vehicle is operational
> and I have done so. This time, she said she didn't
> care if it was operational and that it needed to have
> either a valid inspection sticker or registration or
> they would tag and tow it.
>
> The vehicle is *fully* operational and is not
> registered or inspected because I do not drive it on
> the street. It looks REALLY nice and is in no state
> of disassembly or disrepair. I drive my M1009 when I
> need to go places...frankly, I don't trust the
> 18-year-old freshmen here at Texas A&M not to rear-end
> me in the Mustang. If they rear-end me in the M1009,
> their car will be in a much bigger world of hurt than
> mine. :-)
>
> I've pasted the text of the definition below. Please
> let me know what you think and whether or not you have
> any legal training. I want your opinions either way
> though...this could happen to you. Be careful...I
> know others have talked about this on the list and had
> specific comments on military vehicles in particular.
> They can apparently steal anyone's vehicle fairly
> easily with this particular statute...especially if
> the code enforcement idiot misinterprets the
> ordinance. I'm going to call the City Attorney in the
> morning and get his take one this...I'm sure he
> probably would rather not have the code enfocement
> polizei wrongfully applying the ordinance. I think
> their performance standards are on quotas and not
> accuracy though...
>
> Pay careful note to the placement and use of the word
> "AND" in the definition...to me, this means both
> conditions must be met for the definition to be true.
> I think the code enforcement yokels think "and" really
> means "or". Yes, I could go buy insurance (required
> to get registration or inspection) and get it
> inspected or registered but this really is a matter of
> principle. I don't drive it on public roads so I
> shouldn't have to do this...and it is fully
> operational.
>
> T. Bloxom
> 1985 M1009 CUCV
>
> --------------------------------------------------
> (1) Junked Motor Vehicle means any motor vehicle as
> defined in Article 4477-9a, Texas Revised Civil
> Statutes, as amended:
>
> (a) that is inoperative; and
>
> (b) that does not have lawfully affixed to it either
> an unexpired license plate or a valid motor vehicle
> safety inspection certificate, that is wrecked,
> dismantled, partially dismantled, or discarded, or
> that remains inoperable for a continuous period of
> more than forty-five (45) days.
>
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This archive was generated by hypermail 2b29 : Sun Sep 02 2001 - 11:15:41 PDT