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The key word is UNREASONABLE.
You may not like it.. but is it reasonable?
Remember.. you must know every law ever written, every ordinance, rule, regulation, administrative ruling and court precedent not only the black letter law, but the spirit and intent.... so.. with all that knowledge...
Found one.
The public health law manual - Google Books
I have not read the cited case... but it appears that they need a warrant for administrative searched unless exigent circumstances are noted. There is one caveat... the truck was parked in his private driveway, not on a public street, so...
As I posted, you refuse to let them dip your tank you will be cited. Now if you can convince the judge that they had no legal reason to dip your tank then you are golden.
I have only read that one case from Illinois, but the logic of the appellete court in that situation was pretty clear...
IFTA is not a tax.
There are fuel taxes.
If you drive in PA, but fuel up in NJ, PA would not get any fuel tax because you paid it all in NJ.
IFTA forces you to record how many miles you drive in each state and how much/where you bought fuel. It then 'reconciles' your 'account' to spread the...
In PA: Make sure you read the part about refusal at the bottom...
http://law.onecle.com/pennsylvania/vehicles/00.090.019.000.html
(c) Dyed diesel fuel not to be used on public highways.--
(1) A person may not operate a motor vehicle on the public highways of this...
You agree to all sorts of things the you are not aware of as a condition to operating a vehicle on public roads.
Read this:
http://www.revenue.state.il.us/LegalInformation/Hearings/mf/MF07-6.pdf
Its been scrubbed of personal info... but I can't see it being vastly different in the other states.
"presence of dye of 1.4 parts per million"..."
Yeah, there IS.
You have some work to do.
1: PROVE that the dye was not there, they made a mistake and you are innocent.
2: pay the fine
3: post on SS that you never knew/broke the law
If you can prove that the Military can/does use dyed...
You should tone down the rhetoric and think about the reason WHY they specifically want the money:
Tri axle trucks cause more damage to roads that twin axle. Its really that simple.
You can blather on about unfairness, but roads to not fix themselves. You cannot have nice smooth pothole free...
You really need to read up on what needs changed. The fuel tax is always there... you pay it on every gallon of fuel you buy.
IFTA is the mechanism that distributes those taxes.
Once you get in front of a judge you should quiet easily be able to prove that IFTA does not pertain to you...
My point exactly... numbers matter.
Figure out how many car shows would be affected, tell the reps that your state could lose $X dollars in the local economy as more and more antique/classic owners simply stop going rather than deal with IFTA.
It HAS to be about money. Thats how the system...
Just being realistic here... you have to get your request in front of the Federal committee that oversees IFTA. And they have to have enough clout to propose a change and have other members support it.
You need to get a significant group of people together (reach out to established car clubs...
The MVPA is not going to do anything unless membership forces them to. Its a jeep club. How helpful was the MVPA when WISDOT was flat out refusing to register MVs there?
Right now it seems that most people want a historical exemption. It doesn't seem that many M series 3 axles MVs are...
Again you need to read the statute....
They can make loans against the funds that must be repaid. Nothing nefarious... all legal.
And citing a hit piece from a politician is not the sort of thing I would but much faith in.
Conspiracy theorists unite!!! For Federal Taxes:
Where does the revenue from the fuel tax go?
The revenue from the collected fuel taxes are deposited into the Highway Trust Fund, which has several accounts. Though the percentages vary depending on the fuel type...
Incorrect on all counts. All fuels are taxed by Federal, State and sometimes even local taxes. Diesel or gasoline all pay taxes.
If in a POV the wear and tear on a road from a 2500-7000lb car/truck is nowhere near as severe as a 60,000+ tractor trailer with 5 axles.
Each State gets Federal...
Magistrate Courts in Schuylkill County PA don't allow lawyers or discovery (so districts do, most do not).. so unless you dazzle the Magistrate you will fail and will have to appeal to the next level.
If they haul you in for an Administrative hearing (DOT can do that) you have even less...
Lots of people pooping and posting completely incorrect info.. how about read the thread before posting?
Its NOT an extra fuel tax. IFTA simply is a way to pay the states that you drive through fairly. I am not a fan of taxes, but fuel taxes are the only taxes that do what they say they do...
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