Venice, FL bad water cop
On 8 Mar 2007 21:02:15 -0800, "Chuck Gould"
wrote:
You must have never done any trucking. I'm going to assume this hasn't
changed in the last zillion years (and even if it has the constitution
hasn't), and you will find "pro-rate" plates on tractors and trailers
all the time. Even when engaged in interstate commerce, various states
can and do exact a license or permit fee from rigs that are in that
state only a portion of the time. Interstate commerce- licensed or
taxed by the state. Happens all the time.
Well I have and you are correct - but that's because it is Interstate
Commerce and use taxes are pro-rated base on mileage. There is also a
fuel thing, but it's been a long time since I've done any truck
driving.
In this case, it's private recreational use and thus subject to
criminal laws, not commercial laws. A warning is still a misdemeanor.
That's why they HAVE to have the two week "grace
period" and a 90 day period for use tax payments.
You didn't read the article carefully, either. According to the
newspaper account, there is no "two week grace period". You're in
violation on minute one, day one. The warning tickets give you two
weeks to get into compliance with the law or get out of state, but you
aren't somehow "legal" if you've been there less than 2 weeks.
I'm not a lawyer nor do I play one on TV. The only way that I can
think of where Florida can "demand" a registration is if they are not
signatories to registration reciprocity which I don't think is the
case. For example, New Hampshire does not have reciprocity with other
states for marine registration. Thus, you have to obtain a New
Hampshire non-resident registration for your boat if you plan to use
your boat privately in New Hampshire. Even at that, there is a time
limit - like a few days or maybe like 5 days or more - something like
that. That may have changed too - I'm going remembering here and I am
getting old.
I believe that Florida does reciprocate with registrations and honors
my CT registration if I go to Florida for a month of fishing. Now if
that is true and they honor the registration policies and procedures
of other states for transient use, then it follows that if an owner
who lives and normally operates his boat in a state that does not
require visible registration or even registration period is perfectly
legal in Florida waters up until they pass the 90 day period at which
time they are in violation of Florida law.
In effect, issuing a warning - a misdemeanor - for potentially
violating a law is not accepted law enforcement practice. To put it
another way, the officer in question is issuing warnings for
potentially violating a law when he has no knowledge that the law will
be broken. He can only issue a warning at his discretion if the law
HAS been broken.
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