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Citation on the factory equipped foldable license plate holder

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  #41  
Old 11-19-2012 | 03:34 PM
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Originally Posted by jakenok
sure, ride with factory equipped bike and take it up the *** by the man. what an advocate for freedom you are....
You have no idea what I've done for the freedom we enjoy.
 

Last edited by Campy Roadie; 11-21-2012 at 05:11 AM.
  #42  
Old 11-19-2012 | 03:40 PM
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Originally Posted by Pondskipper
Incidentally if you bought the bike in Florida from a dealer then the dealer should have informed you about the law, it seems you were supplied with a non road legal vehicle in that case which would make the dealer culpable.
A dealership cannot sell a new bike that violates the law. Not just tell you about it, they are not allowed to.

DOT-approved OEM "off the factory floor" equipment cannot be cited as illegal.
State statutes that contradict or further restrict DOT regulations are not enforceable on OEM factory-spec equipment, per the DOT. Federal law trumps state law.....that's how a Constitutional Republic works.
 
  #43  
Old 11-19-2012 | 03:51 PM
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Seems like the solution is easy. Take it to court and site the new regs and if the judge says that it's illegal get the ball rolling on receiving compensation from the dealer that sold the bike and the place that put the inspection sticker on it saying that it was legal to be ridden on FL roads.
 
  #44  
Old 11-19-2012 | 04:05 PM
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Originally Posted by Gruamach
A dealership cannot sell a new bike that violates the law. Not just tell you about it, they are not allowed to.

DOT-approved OEM "off the factory floor" equipment cannot be cited as illegal.
State statutes that contradict or further restrict DOT regulations are not enforceable on OEM factory-spec equipment, per the DOT. Federal law trumps state law.....that's how a Constitutional Republic works.
Nothing you just wrote is true. Federal law does trump state law...problem is, there is no federal law saying "you may have a folding license plate mount or a side mount on a motorcycle." That is solely state business.
 
  #45  
Old 11-19-2012 | 04:45 PM
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I think by the time we have all read all the "expert opinions" ( mine included ) voiced on this thread we would/might be able to pass the Florida BAR ... then we could run commercials on the "cheap" television channels, pool our money and design a "legal" license bracket ... Is this a great country or what?
 
  #46  
Old 11-19-2012 | 04:48 PM
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Originally Posted by Gruamach
A dealership cannot sell a new bike that violates the law. Not just tell you about it, they are not allowed to.

DOT-approved OEM "off the factory floor" equipment cannot be cited as illegal.
State statutes that contradict or further restrict DOT regulations are not enforceable on OEM factory-spec equipment, per the DOT. Federal law trumps state law.....that's how a Constitutional Republic works.
Wrong. Any power not EXPRESSLY GIVEN to the Federal government stays with the STATE. DOT set STANDARDS for safety purpose, not LAWS for enforcement purpose with the exception of the regulation of interstate transportation of goods, IE the trucking industry.
 
  #47  
Old 11-19-2012 | 06:29 PM
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he's was just protecting and serving the **** out of you
 
  #48  
Old 11-19-2012 | 06:59 PM
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My question is, if this bike was purchased from an HD dealership in the OP's state, whether brand new with factory equipment or used. Did the dealership supply the state inspection for the initial registration? What inspection place did?

Would the fault not lie with whomever inspected it?
 
  #49  
Old 11-19-2012 | 07:09 PM
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Originally Posted by Mark_H
My question is, if this bike was purchased from an HD dealership in the OP's state, whether brand new with factory equipment or used. Did the dealership supply the state inspection for the initial registration? What inspection place did?

Would the fault not lie with whomever inspected it?
There are no private vehicle inspection requirements in FL.
 
  #50  
Old 11-19-2012 | 09:48 PM
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You may be able to beg for compassion because you never had the intent to break the law and everything was sold as is by a Florida dealer. But in the end, you are asking for forgiveness instead of winning.
 


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