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Author Topic: Virginia riders - warning about new state code 46.2-206.1  (Read 8783 times)

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SOKOOLJ

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #30 on: July 15, 2007, 11:00:28 AM »

Thanks for the support. :2vrolijk_21:

 :pumpkin:
Ride Safe,
Fired00d
 :fireman:

No problem Brother, doing what I can
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saddlebow

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VaEagle

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #32 on: August 03, 2007, 12:49:18 PM »

So far 168,845 people have signed the petition and a Virginia Judge has ruled it Unconstitutional because it doesn't apply to out-of-state drivers. Of course his decision is being appealed.

Story here.
http://content.hamptonroads.com/story.cfm?story=129645&ran=179689&tref=po
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VaEagle

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #33 on: August 04, 2007, 12:19:20 PM »

Second court has ruled against the law!


Info here:
http://content.hamptonroads.com/story.cfm?story=129725&ran=67449
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VaEagle

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #34 on: November 08, 2007, 12:07:48 AM »

Well so far the law has been upheld and the governor has said he would go for a change where out-of-state speeders would have to pay too. So far nothing has changed but enforcement has been stepped up in the name of "public safety"
Those comming around the Hampton Roads area for the next few months be careful there will be many motorcycle cops out on the roads "making us safer."
Story and video here.


http://www.wvec.com/news/topstories/stories/wvec_local_110707_speeding_project_.1e8f689c4.html
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SE08RK

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #35 on: November 08, 2007, 06:53:28 AM »

It has become the norm for legislators to totally disregard the constitutionality of these enacted laws and then leave the interpretation of them in the lap of some senile judge who wakes up from a snooze on the bench and smacks the gavel. The Constitution is superseded on a regular basis and has been amended out of existence. Logically, what would one of these judges deem fairer about this additional fee? Make everyone pay! These added fees and their enforcement are basically intended for the lawyers' benefit. A lawyer wrote the bill and lawyers passed the bill - seems like a conflict of interest in its purist form. But look what and who run the US government anymore - lawyers. What do they care of a constitution?

 I wish to know what happened to the Virginia highway funds already alloted for their maintenance? Gasoline taxes were originally channeled to the highways but even with higher prices per gallon and past added additional gasoline taxes, there needs to be more money to this extent? Just a few years back the highway department officials in VA were caught in the act of using these alloted funds for extravagant trips to foreign countries for weeks at a time being chauffeured in limousines when they got there. This reeks!

The one thing that I 'enjoyed' about the news cast of the Va State Police is that they mount Harley Davidson Motorcycles!

BC 
« Last Edit: November 08, 2007, 06:56:12 AM by SE08RK »
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courter

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #36 on: November 08, 2007, 05:56:58 PM »

It's really interesting that so many infractions are misdemeanors in VA.  Many of them would be a Civil Infraction here in MI.  I don't know how it works in VA, but in MI a local cop will usually write a ticket based on a "Local Ordinance" rather than a State Vehicle Code law.  That way, the locals get the $$ not the State. 

Michigan is looking for ways to keep the cash coming in so the Gov doesn't have to change any of her spending plans...  Hope an expansion of the already redundant penal system isn't in the works.  (we have a similar "Driver Responsibility Fee" that is imposed for some infractions)
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Break-In

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #37 on: November 08, 2007, 06:27:42 PM »

Some of the counties are trying to get the new fines thrown out because they only affect Virginia drivers, which is unconstitutional. By the way riding handle bar to handle bar is reckless driving in Virginia. :drink:
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SE08RK

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #38 on: November 08, 2007, 06:47:35 PM »

The law was written in such a way that a local judge has no authority to disregard the "punitive fee", as they call it. When a violation that is within those set forth by this legislation, and the violator has any sort of past record of similar violations, he will receive the appropriate fine and then the mandatory fee - and they have set up a payment plan with interest for these fees to be paid. Not sure whether that is a disregard for the local judges' intellectual abilities to make a judgment by the legislators, or that it is mandatory that these fees are awarded so that a lawyer will be retained to fight the case. That is not a cheap way either - and is my contention that this was the reason for the legislation to start with. And, it was unconstitutional then.

What does a socialist system do when its subjects commit less punishable crimes? Increase the penalty for lessor 'crimes' and make crimes out of otherwise misjudgments by its subjects. That makes a socialistic system appear to be keeping order for those who fee the need for protection from those criminals, which is all of us at any time. We are building more jails and prisons at a rapidly increasing rate and the US society is oblivious to what this really means.... They are next!

I'm sorry that I'm an old man with harsh convictions, but I'm glad that I don't have to watch the US go into the period of anarchy and lawlessness that is coming. It is more likely than 'global warming' to rid the world of a majority of its population.

Again, it's just a rant, but one that more and more people are concluding.


Happy days!

BC
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skreminegul07

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #39 on: November 09, 2007, 01:02:38 PM »

The law was written in such a way that a local judge has no authority to disregard the "punitive fee", as they call it. When a violation that is within those set forth by this legislation, and the violator has any sort of past record of similar violations, he will receive the appropriate fine and then the mandatory fee - and they have set up a payment plan with interest for these fees to be paid. Not sure whether that is a disregard for the local judges' intellectual abilities to make a judgment by the legislators, or that it is mandatory that these fees are awarded so that a lawyer will be retained to fight the case. That is not a cheap way either - and is my contention that this was the reason for the legislation to start with. And, it was unconstitutional then.

What does a socialist system do when its subjects commit less punishable crimes? Increase the penalty for lessor 'crimes' and make crimes out of otherwise misjudgments by its subjects. That makes a socialistic system appear to be keeping order for those who fee the need for protection from those criminals, which is all of us at any time. We are building more jails and prisons at a rapidly increasing rate and the US society is oblivious to what this really means.... They are next!

I'm sorry that I'm an old man with harsh convictions, but I'm glad that I don't have to watch the US go into the period of anarchy and lawlessness that is coming. It is more likely than 'global warming' to rid the world of a majority of its population.Again, it's just a rant, but one that more and more people are concluding.


Happy days!

BC

I totally agree.  Keep your powder dry!

 :rifle:
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kojak

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #40 on: November 10, 2007, 08:27:14 PM »

Democrats are now in control of the state house and say they are going to change this legislation.
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RedDevil

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #41 on: November 13, 2007, 11:36:05 AM »

Democrats are now in control of the state house and say they are going to change this legislation.

They are only going to change it so that it includes everyone, not just Virginians.  I'd like to see them collect without having reciprocity with all the states and Canada and Mexico...rather than over-turn an irresponsible law, the "tax and spend" Democrats will just make it more absurd.   :oops:
Cheers :2vrolijk_21:,
  :devil:
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SnakePlisken

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #42 on: January 15, 2008, 05:31:02 PM »

Hey thanx. I didn't realize this thread was already ongoing. Truly interesting about how this is going to pan out ( although I suppose it already has!) in legislation in the future. I don't speed (much) and obey the laws as far as traffic ones go! But does this pertain to people all over the entire state of VA? I live in NOVA so I can (somewhat) understand this sh*t here. But come on. Doing this over the entire state is indeed going to far. Don't ya think?

- Jim
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VaEagle

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #43 on: January 16, 2008, 10:44:03 AM »

Hi Jim,
I don't think a locality based system could work since it would leave the city with the task of collecting the fees and they may not have the manpower or assets to chase folks all over the country to get the fees.
The statewide system in theory is to enable the state to get "bad" motorist off of the highway in the entire commonwealth and thus make the whole commonwealth safer. The fees are supposed to fund road improvements which are needed over the entire Commonwealth.
I disagree with some of the offenses on the list being fined so much and the fact that out-of-state drivers are not included as they are with tickets and fines in general.
I also disagree with speed and red light cameras.Since you can NOT offer an on the spot defense and explain your actions which may have been justified at the time. Also with the cameras the registered owner gets the ticket and has to prove it wasn't him/her driving if the vehicle was lent to a family member or friend etc.
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ccr

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Re: Virginia riders - warning about new state code 46.2-206.1
« Reply #44 on: January 18, 2008, 10:42:04 AM »

Hi Jim,
I don't think a locality based system could work since it would leave the city with the task of collecting the fees and they may not have the manpower or assets to chase folks all over the country to get the fees.
The statewide system in theory is to enable the state to get "bad" motorist off of the highway in the entire commonwealth and thus make the whole commonwealth safer. The fees are supposed to fund road improvements which are needed over the entire Commonwealth.
I disagree with some of the offenses on the list being fined so much and the fact that out-of-state drivers are not included as they are with tickets and fines in general.
I also disagree with speed and red light cameras. Since you can NOT offer an on the spot defense and explain your actions which may have been justified at the time. Also with the cameras the registered owner gets the ticket and has to prove it wasn't him/her driving if the vehicle was lent to a family member or friend etc.
And have you noticed how many more state troopers are out on the road, and aggressively pulling people over. Seldom see a car just crusin down the road.  Almost always see them with some VA tagged person pulled over at the side of the road.  They've got the message that this is a fund raiser.  I have increased my work from home.  High gas costs and extra enforcement, driving on the roads just kinda sucks sometimes.  Don't get me wrong, I do not want to go back to horse and buggy days, but I'd rather see some leniency, as long as everyone is driving the same, let it go.  I-95 is a main thoroughfare, from Maine to Florida.  I have not seen an out of state person pulled over for months.  No matter how hard they are driving. 
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