LEO Posts (staged from DUI thread)

[silversas13]

Hey got you guys beat. Just got back from the con yesterday 14-16, we ran soup and box, smahed my window at box then stayed at buck saturday night. Coming back sunday around 11-12 am just before slabs almost to the trailer were stopped by two walking cops he writes me a window ticket and registration because its up by two days aug 14, also writes three other tickets to the other guys in the group for no front plates and another registration ticket while all of our rigs are trailered in, stopping the trail for 45 minutes. I think its doo doo that this is going on now and its only to get worse.

[JW]

"In a bus, taxi, camper, or motor home, the law does not apply to non-driving passengers."

http://www.dmv.ca.gov/pubs/hdbk/actions_drink.htm

Rubicon Taxi???

or

Toyota Motor home!!!

EDIT: Thanks for sharing your experience silversas13, I need to track down my front plate now...

[R290]

Originally Posted by silversas13

Hey got you guys beat. Just got back from the con yesterday 14-16, we ran soup and box, smashed my window at box then stayed at buck saturday night. Coming back sunday around 11-12 am just before slabs almost to the trailer were stopped by two walking cops he writes me a window ticket and registration because its up by two days aug 14, also writes three other tickets to the other guys in the group for no front plates and another registration ticket while all of our rigs are trailered in, stopping the trail for 45 minutes. I think its caca that this is going on now and its only to get worse.

I saw those guys standing there and figured there were handing out paper.
when I rolled by, I just said good morning and kept rolling as I too was out on reg The broke windshield was just be a fix a ticket? Right!
You need to know the law thats for sure, and I was in violation I did run across a group stopped on the trail and were taking a "break" the proper way.

Good tip on locked away, figured a ratchet strap would be good enough.

[Keith]

Originally Posted by silversas13

Hey got you guys beat. Just got back from the con yesterday 14-16, we ran soup and box, smahed my window at box then stayed at buck saturday night. Coming back sunday around 11-12 am just before slabs almost to the trailer were stopped by two walking cops he writes me a window ticket and registration because its up by two days aug 14, also writes three other tickets to the other guys in the group for no front plates and another registration ticket while all of our rigs are trailered in, stopping the trail for 45 minutes. I think its boo boo that this is going on now and its only to get worse.

Seems simple to me..... got a street legal rig? Needs to have front plates..... Also needs to have current registration. It's a no brainer. The windshield ticket is pretty much bs though

[jethrodeg]

Having a current reg is one of the most basic requirements for being on the trail. With a current reg you will be stopped far less if at all. (unless you are doing something stoopid) Once you are spotted as not having a current reg you are opened up for much more than just that. Rattlesnake Road on Fordyce is very much heading in this direction. For now being current will get you through no problem. And when I say current I mean registration, driver’s license and insurance for street plated rigs.

[elarsen]

Originally Posted by Keith

Seems simple to me..... got a street legal rig? Needs to have front plates..... Also needs to have current registration. It's a no brainer. The windshield ticket is pretty much bs though

So is the front plate. They were on the trail & loading the rigs on trailers at the spillway. There are other more pressing violations that need enforcement on the con than crawling at 1mph with no front plate. It is almost worth the pain of getting a dual registration just to avoid being hassled by chicken sh!t leo.

[Keith]

Originally Posted by elarsen

So is the front plate. They were on the trail & loading the rigs on trailers at the spillway. There are other more pressing violations that need enforcement on the con than crawling at 1mph with no front plate. It is almost worth the pain of getting a dual registration just to avoid being hassled by chicken sh!t leo.

I agree, it is CS. But, everyone should now the same laws apply on the pavement as well as the trail. I would have a hard time believing an LEO would stop you and ONLY do it cuz you had no front plate.

[cruzila]

The same laws do not apply. CVC 38000 specifically says that in an off highway condition, some of the stuff does not apply.

If it is broken i guess one could get a ticket to get it fixed, but the reality is that you only need one red light to the rear, windshields are not required, mud flaps are not required, fenders are not required and more. I do not know the full list, but do know enough to know there is a difference.

ALL the alcohol laws do apply.

[R290]

Originally Posted by Keith

I agree, it is CS. But, everyone should now the same laws apply on the pavement as well as the trail. I would have a hard time believing an LEO would stop you and ONLY do it cuz you had no front plate.

/forum/rubicon-trail/741415-law-enforcement-rubicon-version-2-a.html

I guess we should think of them as being DUI check points. They check that your not drunk and your paper work is in order and that you have no major safety issues. Glad there were distracted when I went by.
I will put the sticker on tonight! (edit. done

[Keith]

Originally Posted by cruzila

The same laws do not apply. CVC 38000 specifically says that in an off highway condition, some of the stuff does not apply.

If it is broken i guess one could get a ticket to get it fixed, but the reality is that you only need one red light to the rear, windshields are not required, mud flaps are not required, fenders are not required and more. I do not know the full list, but do know enough to know there is a difference.

ALL the alcohol laws do apply.

yep yep. But, if you have plates, registered for hwy use, does it not have to have the things it needs to "sport" that plate?

[Throttleman]

USFS LEO or EDSO?

Originally Posted by silversas13

Hey got you guys beat. Just got back from the con yesterday 14-16, we ran soup and box, smahed my window at box then stayed at buck saturday night. Coming back sunday around 11-12 am just before slabs almost to the trailer were stopped by two walking cops he writes me a window ticket and registration because its up by two days aug 14, also writes three other tickets to the other guys in the group for no front plates and another registration ticket while all of our rigs are trailered in, stopping the trail for 45 minutes. I think its f*%kin bullsh$t that this is going on now and its only to get worse.

[Yota Up]

Originally Posted by silversas13

Hey got you guys beat. Just got back from the con yesterday 14-16, we ran soup and box, smahed my window at box then stayed at buck saturday night. Coming back sunday around 11-12 am just before slabs almost to the trailer were stopped by two walking cops he writes me a window ticket and registration because its up by two days aug 14, also writes three other tickets to the other guys in the group for no front plates and another registration ticket while all of our rigs are trailered in, stopping the trail for 45 minutes. I think its f*%kin bullsh$t that this is going on now and its only to get worse.

Hey fellas, no offense but is not on topic with this thread since it has nothing to do with intoxication or driving under the influence.

To keep it all in focus, let's repost this and continue this discussion in the proper thread: http://www.pirate4x4.com/forum/showt...741415&page=13

If you don't feel like putting it in there, I'd be happy to quote you and add to the many other "non-DUI" LEO related issues we're talking about in the other thread.

[cruzila]

Originally Posted by Keith

yep yep. But, if you have plates, registered for hwy use, does it not have to have the things it needs to "sport" that plate?

38000 says not all of it.

[Yota Up]

Registered for the street, but being driven OFF ROAD.
In 4wheeling, we sometimes break stuff.

So you bust a window/fender/etc on the trail. You're on your way to the trailhead where you will fix it BEFORE it hits the highway again. And to get a ticket for it being in disrepair while still on the trail before you have a chance to either load it on a trailer or fix before street travel?

BS if you ask me.

[bagman]

Window BS. Registration totally your fault. I have talked my way out of registration tickets with EDSO on the asphalt just by simply saying that the check is in the mail. On more than one occasion. Two days I not buying it. It must be you or your demeanor. Those guys no how F-ed up DMV is and usually dont ticket unless 90 days or more. ...As far as front plates go I think I am going to find mine and throw it behind the seat of the tow rig.

[elarsen]

I have not had a front plate for 20 years & never had a problem with local leo (or any other). I made a point to go to dmv & get new plates before our trip to the con last week. $19 for 2 plates & stickers.

I find it ironic that I had to get new plates to run the con.

[PJohnson]

Isn't the Rubicon considered a county road and therefore all 'road' rules apply?

Phil

[HAPPYJOHN]

Originally Posted by PJohnson

Isn't the Rubicon considered a county road and therefore all 'road' rules apply?

Phil

I also had heard this, anyone know for sure??

[cruzila]

Negative

[77bawls]

My windshield is cracked on the passenger side. The law says you don't have to replace it if it doesn't affect the drivers view. I would be pissed if I got a ticket for it.

[cruzila]

Off-Highway Motor Vehicle Defined

38006. As used in this division, an "off-highway motor vehicle" is any of the following:

(a) A motor vehicle subject to the provisions of subdivision (a) of Section 38010.

(b) A motor vehicle registered under Section 4000, when such motor vehicle is operated on land to which this division has application.

(c) A motor vehicle owned or operated by a nonresident of this state, whether or not such motor vehicle is identified or registered in a foreign jurisdiction, when such motor vehicle is operated on lands to which this division has application.

Definitions

38012. (a) As used in this division, "off-highway motor vehicle subject to identification" means a motor vehicle subject to the provisions of subdivision (a) of Section 38010.

(b) As used in this division, "off-highway motor vehicle" includes, but is not limited to, the following:

(1) Any motorcycle or motor-driven cycle, except for any motorcycle which is eligible for a special transportation identification device issued pursuant to Section 38088.

(2) Any snowmobile or other vehicle designed to travel over snow or ice, as defined in Section 557.

(3) Any motor vehicle commonly referred to as a sand buggy, dune buggy, or all-terrain vehicle.

(4) Any motor vehicle commonly referred to as a jeep.

Headlamps

38335. When operated from one-half hour after sunset to one-half hour before sunrise, each motor vehicle shall be equipped with at least one lighted white headlamp directed toward the front of the vehicle. Such lamp shall be of an intensity sufficient to reveal persons and vehicles at a distance of at least 200 feet.

Taillamps

38345. When operated from one-half hour after sunset to one-half hour before sunrise, each motor vehicle which is not in combination with any other vehicle shall be equipped with at least one lighted red taillamp which shall be clearly visible from the rear.

(a) Every such vehicle or vehicles at the end of a combination of vehicles shall be equipped with one lighted red taillamp when operated from one-half hour after sunset to one-half hour before sunrise.

Ability to Reach and Operate Controls

38304. The operator of an off-highway motor vehicle shall be able to reach and operate all controls necessary to safely operate the vehicle.

and the winner..............

Applicability of Provisions

38001. (a) Except as otherwise provided, this division applies to off-highway motor vehicles, as defined in Section 38006, on lands, other than a highway, that are open and accessible to the public, including any land acquired, developed, operated, or maintained, in whole or in part, with money from the Off-Highway Vehicle Trust Fund, except private lands under the immediate control of the owner or his or her agent where permission is required and has been granted to operate a motor vehicle. For purposes of this division, the term "highway" does not include fire trails, logging roads, service roads regardless of surface composition, or other roughly graded trails and roads upon which vehicular travel by the public is permitted.

(b) Privately owned and maintained parking facilities that are generally open to the public are exempt from this division, unless the facilities are specifically declared subject to this division by the procedure specified in Section 21107.8.

Or go look on your own:

http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm

[randii]

Originally Posted by PJohnson

Isn't the Rubicon considered a county road and therefore all 'road' rules apply?

Definitely not, Phil.

Old posts (mine included) will call it an 'unmaintained county road' but the County Counsel clarified the status of Rubicon druing the Water Board Hearing: the vast majority of the Rubicon Trail is a county-asserted RS-2477 public highway that passes through El Dorado and Placer Counties, crossing public and private land.

If you have an OHV tag, you need to meet the OHV equipment requirements from the California Vehicle Code. If you have a street license, you need to meet the street-legal equipment requirements from the California Vehicle Code.

Yes, that makes for some B.S. tickets, but there are only three ways I see to handle it: 1.) get legal, 2.) appeal it in court, or 3.) work proactively and politically (a Sheriff election is coming up).

Randii

[77bawls]

So you can register it for the road and get a green sticker?

[randii]

Originally Posted by 77bawls

So you can register it for the road and get a green sticker?

Here are a couple of links:
* dual registration: /forum/general-4x4-discussion/286572-green-sticker-update.html
* green sticker general: /forum/general-4x4-discussion/285098-green-stickers-fyi.html

Randii

[Lil Uzi]

First thing an LEO looks at or sees. You have them and are legal, or you do not have them, and warrant a further look. You are Green stickered, dual registered, or street legal. You can't legally drive a car with no front plate, so it makes no sense to expect a different set of rules on the Trail. As was explained to me by LEO, the front plate is also important for traffic signal cameras, photoradar, etc. I have not put my rig on the trail this summer as the reg is expired and not current. Must admit walking the trail has been equally enjoyable. Sorry about the busted shield, it can get fixed. I don't consider a fix it a "ticket". Just a validated repair. Happy Trails !!!

asked above, was it a Forest Service or El Dorado County employee ???