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State Law Question...

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Old 11-22-2004, 03:29 PM
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Default State Law Question...

I have to do some bullshit debate for government, and my topic is against vehicle emission laws, so its not very easy to argue. But I do have a question about state laws. With the Clean Air Act, the government set a standard to the regulation of vehicle emissions. Some states added and also interpreted this law differently. So say you live in Arizona, and your driving through California, which we all know has the strictest emissions laws. Well your vehicle is registered in Arizona and complies with their laws. Can you get a ticket for not complying with CA emission laws even tho your not registered there?

The reason I ask is because Ive heard of cars with NC plates getting pulled over for tint in VA.
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Old 11-22-2004, 04:27 PM
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Default Re: State Law Question...

Originally Posted by Soon2BeStangin
So say you live in Arizona, and your driving through California, which we all know has the strictest emissions laws. Well your vehicle is registered in Arizona and complies with their laws. Can you get a ticket for not complying with CA emission laws even tho your not registered there?
no...for instance, my buddy used to drive his big brother's jeep cherokee to school every day. The jeep was registered in north carolina, where his older brother went to college...long story short my buddy had like 5 people in the car with him right after he got his license and got pulled, but because he had all NC registered shit, the cop had to let him go.
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Old 11-22-2004, 05:17 PM
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Default Re: State Law Question...

Originally Posted by gear
no...for instance, my buddy used to drive his big brother's jeep cherokee to school every day. The jeep was registered in north carolina, where his older brother went to college...long story short my buddy had like 5 people in the car with him right after he got his license and got pulled, but because he had all NC registered shit, the cop had to let him go.
Thanks, there goes that damn point, this shit blows.
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Old 11-22-2004, 08:16 PM
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Default Re: State Law Question...

Originally Posted by Soon2BeStangin
Thanks, there goes that damn point, this shit blows.
Actually you have to comply with the laws of the state that you are travelling in. However, all states let you slide because unless they have a sign posted at the state line/county line/town limits stating what is illegal and have a listing on the state road map (if its a statewide rule), you can go to court and have it dismissed usually because there was not reasonable notice to the change in the law. Also, a cop can't cite you for an inspection violation outside of your home state because they aren't trained in all the inspection laws of ur home state. The only exception to that is if you are operating a vehicle on a public road and the vehicle has some sort of equipment failure on it (example, broken coil spring, broken leaf spring) that threatens the well-being of the people on the road around it during that time, then the cop can pull you over and nail you with a violation.

This is where DOT certifications come in. If your car part is DOT approved, has a DOT approval number on it, and is in good working order then the state can yell at how illegal the part is all they want, but federal law ALWAYS overrides state law.

And also, CARB number doesn't mean anything legally outside the state of California because you're not in CA, thus CARB doesn't have jurisdiction over your area's exhaust/air pollution regulations.
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Old 11-22-2004, 10:24 PM
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Default Re: State Law Question...

Originally Posted by Boxer4PSI
Actually you have to comply with the laws of the state that you are travelling in..
This is a true as it gets!

Originally Posted by Boxer4PSI
However, all states let you slide because unless they have a sign posted at the state line/county line/town limits stating what is illegal and have a listing on the state road map (if its a statewide rule), you can go to court and have it dismissed usually because there was not reasonable notice to the change in the law.........
When dealing with any vehicle/traffic/criminal laws(ex: exhausts, lowering, tint, neon, music, cracked tail light, cracked window,etc, etc) this is not true. Revert back to the first quote. In VA you bound by the laws here even if you are from another state. It's a priveledge, not a right to drive here. You the driver are responsible for knowing the laws. Hence the term ignorance of the law is no excuse. No state has to post the laws on a sign for them to be able to inforce them or have charges hold up in court. A sign like that would be taller than most skycrapers.
Sometimes Police and Judges will give you a break but no matter how you look at it, you are bound by the laws of the state. No sign required!
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Old 11-22-2004, 11:51 PM
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Default Re: State Law Question...

BS! The car has to comply with, and pass, inspection and emissions tests for the state that it is registered in. If you are in a different state with EXPIRED stickers, you can obviously get a ticket for that (operating uninspected vehicle.)
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Old 11-23-2004, 08:07 AM
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Default Re: State Law Question...

people get in trouble cause they have nc plates but a va liscense or the cop figures he's a na vy guy trying to b slick, that's why they pull u over for tint exhaust, lowering, jacking, and hydros
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Old 11-23-2004, 10:41 AM
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Default Re: State Law Question...

Originally Posted by vbgsx
This is a true as it gets!


When dealing with any vehicle/traffic/criminal laws(ex: exhausts, lowering, tint, neon, music, cracked tail light, cracked window,etc, etc) this is not true. Revert back to the first quote. In VA you bound by the laws here even if you are from another state. It's a priveledge, not a right to drive here. You the driver are responsible for knowing the laws. Hence the term ignorance of the law is no excuse. No state has to post the laws on a sign for them to be able to inforce them or have charges hold up in court. A sign like that would be taller than most skycrapers.
Sometimes Police and Judges will give you a break but no matter how you look at it, you are bound by the laws of the state. No sign required!
I'll agree with you on the privilege to drive part. However, if a person has to goto unreasonable means to obtain information regarding a law then that is a defense. Example...say Anytown, VA has some noise ordinance law that takes effect in its town limits. There is no sign at the town limits stating this. There is nothing stating this in the VA Law Statutes accessible thru DragVA. There is nothing on the state map stating this. There isn't even anything on the official Anytown govt website nor on the Anytown PD or the county PD that Anytown is in stating that a noise ordinance exists. The town government failing to give adequate notice of such an ordinance unique to its area is a defense providing you can prove you went above and beyond reasonably researching to try and find this law regarding this ordinance.

One thing about the law is that the term "reasonable" plays a big role in how laws are interpreted, regardless of the part of law you are talking about.
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Old 11-23-2004, 01:14 PM
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Default Re: State Law Question...

so I still havent got a straigt answer yet.....
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Old 11-23-2004, 03:23 PM
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Default Re: State Law Question...

i believe it does for instance...I was trying to drive up to NY when I first got my license. In NY legal driving age is 17, 18 in the city, well i was under 17. I called and asked. You are TECHNICALLY supposed to honor the rules from the state you are in AS WELL AS your home state, so curfew and number of people in the car apply too. They also told me that unless you were a complete ass to the cop or he just had a bad day they most likely would honor the out of state license. It's Full Faith and Credit Aritcle VI Section 1 of the Constitution. Bottom line I believe they can but most do not.

edit: Article IV

Last edited by gstrbo99; 11-23-2004 at 03:36 PM.
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