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#1
posted to rec.boats
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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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#2
posted to rec.boats
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On Mar 9, 3:50�am, Short Wave Sportfishing wrote:
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. Shortwave, there's a difference between reciprocity of registration and reciprocity of "no registration required". You're 100% right, your CT registration will be honored in Florida. In fact, you can boat in Florida for a full 90 consecutive days on your CT sticker, or up to a total of 180 days per year. Florida requires all watercraft on the waters of its state to be registered. So does Washington (unless it's an unpowered skiff or sailing dinghy) for that matter, and so do a probable majority of states. You are considered to be in compliance in Florida if your boat has a current registration from any state, and it will be honored. If you come from a state that doesn't require boats to be registered, you get a warning ticket to (as you precisely stated) "inform you about the law". Florida is no more required to reciprocate a *lack* of regulation than it would be to allow people from California, Oregon, or Washington to carry small amounts of medical marijuana for personal use while vacationing at Disney World. Coming from a state where an activity isn't regulated has never meant that you can conduct that activity without any regulation when visiting another state that chooses to regulate it. This cop is a jerk, no dobut. But if he is writing warning tickets to out of state boaters with no registrations, he's not, as has been claimed, ticketing people who are "totally legal". Something "totally legal" in (say) Nebraska, Kansas, or Alabama doesn't have to be legal in Florida- and that would include running a boat without a registration. Florida is a sovereign state with every right to control or regulate activities within its own borders. If the state requires that all watercraft have a state registration of some sort, then boaters from states without registration need to stay out of Florida, apply for a Florida registration, or put up with getting warning tickets that carry a two-week window of opportunity to get a registration or remove the boat from Florida. If the law is unpopular with the residents of Florida, then they should lobby their state assembly or legislature to amend or repeal it. It does sound like the cop is annoying as hell, but he's enforcing a valid 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. And if a boat is operating in Florida without a registration from either Florida or some other state, a law has been broken. |
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#3
posted to rec.boats
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On 9 Mar 2007 07:49:20 -0800, "Chuck Gould"
wrote: In effect, issuing a warning - a misdemeanor - for potentially violating a law is not accepted law enforcement practice. o 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. And if a boat is operating in Florida without a registration from either Florida or some other state, a law has been broken. Well, we ain't gonna change each other's minds on this. :) Let's agree to disagree. |
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#4
posted to rec.boats
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Tom Francis wrote:
On 9 Mar 2007 07:49:20 -0800, "Chuck Gould" wrote: In effect, issuing a warning - a misdemeanor - for potentially violating a law is not accepted law enforcement practice. o 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. And if a boat is operating in Florida without a registration from either Florida or some other state, a law has been broken. Well, we ain't gonna change each other's minds on this. :) Let's agree to disagree. I totally disagree with your suggestion to "agree to disagree". |
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#5
posted to rec.boats
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On Fri, 09 Mar 2007 11:15:08 -0500, RJSmithers
wrote: Tom Francis wrote: On 9 Mar 2007 07:49:20 -0800, "Chuck Gould" wrote: In effect, issuing a warning - a misdemeanor - for potentially violating a law is not accepted law enforcement practice. o 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. And if a boat is operating in Florida without a registration from either Florida or some other state, a law has been broken. Well, we ain't gonna change each other's minds on this. :) Let's agree to disagree. I totally disagree with your suggestion to "agree to disagree". Ah well, then we will have to disagree about our agreement to agree to diagree about the disagreement. Agreed? |
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#6
posted to rec.boats
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Tom Francis wrote:
On Fri, 09 Mar 2007 11:15:08 -0500, RJSmithers wrote: Tom Francis wrote: On 9 Mar 2007 07:49:20 -0800, "Chuck Gould" wrote: In effect, issuing a warning - a misdemeanor - for potentially violating a law is not accepted law enforcement practice. o 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. And if a boat is operating in Florida without a registration from either Florida or some other state, a law has been broken. Well, we ain't gonna change each other's minds on this. :) Let's agree to disagree. I totally disagree with your suggestion to "agree to disagree". Ah well, then we will have to disagree about our agreement to agree to diagree about the disagreement. Agreed? My people will get with your people concerning this matter. |
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#7
posted to rec.boats
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On Fri, 09 Mar 2007 11:48:04 -0500, RJSmithers
wrote: Tom Francis wrote: On Fri, 09 Mar 2007 11:15:08 -0500, RJSmithers wrote: Tom Francis wrote: On 9 Mar 2007 07:49:20 -0800, "Chuck Gould" wrote: In effect, issuing a warning - a misdemeanor - for potentially violating a law is not accepted law enforcement practice. o 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. And if a boat is operating in Florida without a registration from either Florida or some other state, a law has been broken. Well, we ain't gonna change each other's minds on this. :) Let's agree to disagree. I totally disagree with your suggestion to "agree to disagree". Ah well, then we will have to disagree about our agreement to agree to diagree about the disagreement. Agreed? My people will get with your people concerning this matter. And I'll have my people disagree with your peoples that we can have an excuse to do lunch. :) |
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#8
posted to rec.boats
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On Mar 9, 7:55�am, Tom Francis wrote:
On 9 Mar 2007 07:49:20 -0800, "Chuck Gould" wrote: In effect, issuing a warning - a misdemeanor - for potentially violating a law is not accepted law enforcement practice. *o 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. And if a boat is operating in Florida without a registration from either Florida or some other state, a law has been broken. Well, we ain't gonna change each other's minds on this. *:) Let's agree to disagree. And to disagree without being disagreeable. I'm all for that. |
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#9
posted to rec.boats
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On 9 Mar 2007 08:47:17 -0800, "Chuck Gould"
wrote: On Mar 9, 7:55?am, Tom Francis wrote: On 9 Mar 2007 07:49:20 -0800, "Chuck Gould" wrote: In effect, issuing a warning - a misdemeanor - for potentially violating a law is not accepted law enforcement practice. / 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. And if a boat is operating in Florida without a registration from either Florida or some other state, a law has been broken. Well, we ain't gonna change each other's minds on this. :) Let's agree to disagree. And to disagree without being disagreeable. I'm all for that. Out of curiosity, what states don't require registration for boats? Have any idea? |
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#10
posted to rec.boats
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"Chuck Gould" wrote in message ups.com... ------------------------------- Florida requires all watercraft on the waters of its state to be registered. So does Washington (unless it's an unpowered skiff or sailing dinghy) for that matter, and so do a probable majority of states. You are considered to be in compliance in Florida if your boat has a current registration from any state, and it will be honored. If you come from a state that doesn't require boats to be registered, you get a warning ticket to (as you precisely stated) "inform you about the law". ------------------------------- It gets more confusing when considering a federally documented boat. Many states, like Florida, require you to "register"a boat with the state even if it is documented. You are not required to display the state registration numbers however. Other states, like MA (mine) does not require state registration of a documented boat, so there is no reciprocal agreement to be had. I was advised that after 90 days of being in Florida I would be required to register my documented boat there. I chose to ignore it .... kept a low profile ... and had the boat there for almost 2 years. Eisboch |
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