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More Government interference in our hobby

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Old 06-13-2008, 04:44 PM
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Thumbs down More Government interference in our hobby

Just a quick note to let you know municipalities in Maine are doing everything in their power (and beyond) to kill our hobby. While the Maine legislature did pas a bill which says the following:
A. "Automobile graveyard" does not include:
(2) An area used by an automobile hobbyist to store, organize, restore or display antique autos, antique motorcycles, classic vehicles, horseless carriages, reconstructed vehicles, street rods or parts of these vehicles as these vehicles are defined in Title 29-A, section 101 as long as the hobbyist's activities comply with all applicable federal and state statutes and rules and municipal ordinances, other than ordinances that are more restrictive than this subsection regarding the storage of vehicles or vehicle parts that are collected by a hobbyist, except that a municipal ordinance may require areas used by an automobile hobbyist to comply with the screening requirements in section 3754-A, subsection 1, paragraph A and the standards in section 3754-A, subsection 5, paragraph A, paragraph B, subparagraph (1) and paragraph C. For the purposes of this subparagraph, an automobile hobbyist is a person who is not primarily engaged in the business of selling any of those vehicles or parts from those vehicles;

Title 29-A: MOTOR VEHICLES HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)
Chapter 1: GENERAL PROVISIONS HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)
§101. Definitions
As used in this Title, unless the context otherwise indicates, the following terms have the following meanings. [1993
3. Antique auto. "Antique auto" means an automobile or truck manufactured in or after model year 1916 that is:
A. More than 25 years old; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
B. Equipped with an engine manufactured either at the same time as the vehicle or to the specifications of the original engine; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
C. Substantially maintained in original or restored condition primarily for use in exhibitions, club activities, parades or other functions of public interest; [1997, c. 653, §2 (AMD).]
D. Not used as its owner's primary mode of transportation of passengers or goods; [2005, c. 314, §1 (AMD).]
E. Not a reconstructed vehicle; and [2005, c. 314, §2 (AMD).]
F. Not an altered vehicle. [2005, c. 314, §3 (NEW).]

Towns are saying that if a vehicle is not fully restored it does not meet thaT EXCEPTION EVEN THOUGH THE STATUTE CLEARLY STATES THE VEHICLES CAN BE KEPT FOR RESTORATION.

I had the job of defending in York County District Court a lawsuit from the town Of Old orchard Beach, Maine to physically remove my antique trucks under restoration from my property despite the fact they were properly shielded from the highway. If it happen to me it can happen to you. I'm not sure what the answer is to force judges to enforce statutes as they are written instead of favoring blindly with the miunicipalities. Just one more hard fought for right we havwe being caliously taken away. Did I mentioon the fact I had to pay the town's legal expenses on top of this BS?
 
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Old 06-13-2008, 05:27 PM
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What a crock! What else will they take away from us next? I thought only us in the la-la land that is the communism ofsouthern california had to deal with crap like that.

How is it that they made you pay for the legal fees - assuming you won your case? I would think that they were trying to force you do do something that was not enforceable by law (as you said - you were conforming to the law). Therefore they forced you into a court battle over something they had no legal right to make you do. I would see that as them forcing you into a lawsuit for no reason, and then forcing you to pay their legal bills of the lawsuit. Doesn't make sense to me. Then again politics and government of the US today rarely do. Down the toilet to the liberal freaks we go...
 
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Old 06-13-2008, 05:43 PM
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In this case it's not the judges that are screwing things up. It's your own local government officials. Down in Syracuse, NY we have the "Common Counsel". A select few of these clowns take great pleasure in setting up roadblocks on anything and everything. One of them actually stated "It's our job to be negative". ummm...No.. It's your job to look after the people you are supposed to represent, and follow their wishes.

So in this case the finger of blame can be pointed at the local yoyo's who wrote the law. Sadly the police/code-enforcement/judges have to enforce it.

The city we live in has a "pretty it up" law. Any un-registered car/truck/motorcycle on any public or private property for more then a week? Gets a nice red window sticker..if it's not street legal within something like another week? The city hires a tow truck from the local salvage yard---and like it or not? Gets taken to the nackers yard at YOUR expense. We got lucky with ours while it was off the road for several months pending all the repairs--the code officer lives across the street from where it was parked, he witnessed us working on it every Sunday for 3 months---and he didn't report it due to knowing my parents where it was stored. Trying to keep the peace in the neighborhood.

Some of these laws really shouldn't have been even passed or thought up. But keep in mind it's your own elected nutballs coming up with this stuff---Next election? Show 'em the door.

S-
 
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Old 06-13-2008, 06:02 PM
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Well the town I used to live in had an ordanance to keep things pretty and keep uninspected vehicles off public streets. You could keep things in the yard for a short time, Then it would have to be covered they wouldn't bother you as long as it was covered with a car cover. They basically didn't want people to have things in eyes view of the nieghbors and public. Yeah I can understand some of it cause if your yard looks like a scrap yard your bring down the home values of your nieghbor hood. So as long as every thing was neat to the eye then big deal. But I moved into a township less rules because farm land and woods and business.
 
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Old 06-13-2008, 06:51 PM
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Just to be clear, the State legislation own language states that no local ordinance more restrictive than the State's own legislation is enforceable when it comes to antique vehicles and associated parts. Also, my trucks were out of sight of every neghbor's veiw as I had out in my woodlot 400 yards away from the highway. I had prettied up the yard and the town Code Enforcement Office still didn't care and took me to court to force me to remove the trucks. The judge on the case refused to accept the legislation as written, especially the part about municipal ordinances that were more restrictive from the section not enforeable and ordered me to remove the trucks by July 3 and pay $2500.00 in the town's legal costs plus my own legal costs of $1500.00 ($4000.00 total)> I stood up to the Town as long as I could but with this corrupt court system we have in this country, the little guy doesn't have a chance. So we as hobbyist's should all hang together or we will all eventually hang seperately as the SOB's pick us off one by one using our own tax dollars to do it.
 
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Old 06-13-2008, 07:14 PM
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town tax dollars didn't you say you paid out 4,000.0
 
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Old 06-13-2008, 07:18 PM
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yeah, town claims they spent $7000.00 taking me to court and judge made me reimbuse them $2500.00 on top of the $1500.00 I spent fighting this with my own attorney.
 
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Old 06-13-2008, 08:41 PM
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Originally Posted by lisagoud
yeah, town claims they spent $7000.00 taking me to court and judge made me reimbuse them $2500.00 on top of the $1500.00 I spent fighting this with my own attorney.
And it would cost more to appeal. Some people get in power and they think they are better and smarter than you. Coming soon to the place where you live..... They will tell you where to work, live, what to drive, what you can do on your property and tax you till death. Sounds like King George huh? I thought a war was fought many years ago for our freedom. Freedom is becoming just a seven letter word.
 
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Old 06-13-2008, 11:09 PM
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Maybe it's time to call in some sort of national press like NBC or CBS and let the story be heard across the US. Then watch the cockroaches scurry!
 
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Old 06-14-2008, 12:41 PM
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Hey they are done telling me how to maintain my property as long as my taxes are paid I have a right to do as I please and feel right. And I have invested in signs and lead so let them come and tell me whats right or wrong on my land.
 
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Old 06-14-2008, 04:33 PM
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I think the best option I've heard yet is SEMA...I have sent them all the info as they are claiming responsibility for getting the antique vehicle exception passed in the first place and I've also contacted all the State legislatues who were repsaonible for the bill passing as well as Governor Baldaccci who signed it and put it into law. Let's see what they have to say when a lowly district court judge refuses to honor it. I'll also let SEMA call the press in when and if they think it's necessary so we don't give the SOB's fair warning a storm is brewing.
 
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Old 06-14-2008, 06:09 PM
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Sounds like you've done your homework and are approaching this the right way. Let a big dog (SEMA) stand beside you for your fight and hopefully they will get some publicity on the thing. IF/when you do go back in to court at a higher authority than the local system, I would ask to be reimbursed for ALL costs (your laywer, the $$ you spent on their court costs, etc.) as you have had to pay for court costs you never should have encountered in the 1st place. Not that it will work, but it's worth a shot...
 
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Old 06-15-2008, 03:38 PM
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The older I get, the more I dislike government. I wish I could afford to move into the country somewhere out of town myself. Even when you buy a home and property, it's not really yours; you can't do what you want to with it. Neighbors, and city honchos always have to have their noses up your .... and it seems as if no one can just be his own person. If my neighbor had a lawn full of trash, I admit I wouldn't like it, but it's wrong to force someone to conform to make you happy. I believe that if you buy a home or property, you should be able to keep it and do as you wish with it without scrutiny, and if someone doesn't like it, they should move. Every day we are subject to more and more dumb laws... Seat belts, helmets, where we can and can't smoke, next they will be putting 666 scan bars on our forheads to make sure we are under full control. (The Bible says this anyhow.) -I know I'm way of subject, but where does this end. There have been many brave and heroic people ahead of us who fell to support this country. We are haveing enough trouble with gas prices and global economy, and war... Why do they have to kick us from with-in too? I grew up loving this country, it's ashame those in charge are bittering the sweetness this country has labored for.
 
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Old 06-15-2008, 06:57 PM
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Here is what all the fuss is about:
IMG]http://img.photobucket.com/albums/v639/mgawat/Atinquevehiclestorage.jpg[/IMG]
 
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Old 06-15-2008, 07:27 PM
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all I got to say is all of this stuff is so dumb already.

my dad was parking his 18-wheeler on a street in town that is 80 feet wide. the new mayor made an ordinance that if a vehicle has a trailer then it has to be moved or it will be towed. on all the other 40-50 foot streets cars would be parked on both sides of the street, but on a street in the commercial part of town (population 1,400) an 18-wheeler can't park there. now the mayor got run out of town but still it's the idea of it.

the only thing is I'm glad that Texas is how it is (much easier on the residents). I'm also glad that I live in the country. we can do what we want with our land that we want.

Randomtasker, I believe some of the stuff that you are talking about, but helmets and seat belts have saved many lives, you have to admit that. I drive with mine on and when I don't then I feel like I'm about to fly out if the brakes are applied.
 


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