Quote:
Originally Posted by David Lee
Alan you mad a lot of accusations and claims to fact that were not in that article, would you direct me to another news story that states these facts. And trying to join the other story is Non sequitur.
Nd yes the government both state, local and federal does have the right to take a vehicle, also if the VIN has been altered they have that right to.
And it does not matter who modified the vehicle, the owner, the past owners or a third party. It is still a unlawful modification.
And your assertion, again is wrong, the law states very clearly that any car made before 1975 can be modified, even in california.
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The government is not allowed to confiscate a vehicle for emissions modifications. They are allowed to deny the vehicle access to public roads. Period.
If the VIN has been altered, neither the EPA nor the Department of Homeland Security have any standing. The VIN being altered is strictly a matter for local law enforcement.
Even if the vehicle in question is a "gray market" vehicle, meaning it is a vehicle that is not approved for importation to the U.S., that is not the jurisdiction of either the EPA, or the Department of Homeland Security. As such, even if the VIN was altered to avoid those restrictions, it is not within the jurisdiction of the EPA nor the Department of Homeland security.
I direct you to the case of Bill Gates, founder of Microsoft, (as well as Paul Allen and Jerry Seinfeld) and the Porsche 959 he attempted to import into the U.S., which was not certified. It was the D.O.T. and NHTSA that prevented it from being driven, or even imported legally, and it was those two agencies that impounded the car at the import warehouse. Note, they impounded it at the import warehouse, they did not take it from its legal owner, nor deny him access to it, or nor deny him knowledge of its whereabouts.
Only ten years later did EPA certification become a sticking point, and the EPA did not confiscate the car.
Further, uncertified vehicles are allowed to be privately owned and driven for 2500 miles per year or less, and if they are more than 21 years old, the EPA no longer requires they meet emissions standards.
Interestingly enough, the Land Rover in question is a 1985 model, and as such, nearly 30 model years old. As such, the EPA, by its own regulations, no longer holds jurisdiction over the vehicle, under the EPA's own 21 year rule. And even if the vehicle is not a 1985 model, even if it is a 1995, the EPA does not have cause to confiscate it, they can only refuse to allow it access to public roads.
Of course, I suppose the 40 people who had their vehicles confiscated, and were denied even knowledge of their whereabouts (which is by the way illegal as well, the government cannot take your property without due process, and deny you knowledge of its disposition without the case going to court), are not allowed equal protection because they don't have the money that Bill Gates, Paul Allen, and Jerry Seinfeld do. Of course, that in itself is in violation of the equal protection clause of the Constitution.