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I have received two notices, so far, of boaters being stopped by state trooopers, so far, this weekend.
If you are stopped because of weight or size problems, politiely ask the trooper if he is one of the 300 former DMV Enforcement Officers transferred into the ranks of the highway patrol. Save yourself grief and don't get smart with the guy. He's doing what he's being told. Just trying to get to the bottom of this for news purposes.
Doing their job?? Thought head of Motor Vehicles sent a letter stating that boats were to be considered recreational as always in the past until further notification from general assembly that we are not. Think I will be carrying that letter myself. There is a local attourney that is offering pro bono for anyone ticketed for this mess in eastern NC. Said merit of the laws were unconstitutional in his opinion.
Doing their job?? Thought head of Motor Vehicles sent a letter stating that boats were to be considered recreational as always in the past until further notification.
That IS what the letter said but evidently the HP chose to disregard that and show thier status. Did the HP even respond to that letter? I'm betting not. I know that it takes time to change laws, but it sure didn't take long for our "finest" to start enforcing laws that are open for interpretation but do generate income. They must be in a budget deficit. Would love to see this one shoved up thier a$$$!
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2005 McKee 23 TE/FS with 200 Zukes
50 Ton Masters with Towing Endorsement.
You KNOW that when lawyer start working Pro Bono, something is definitely WRONG! I actually pulled over & asked a State Trooper yesterday whether my guide posts could be considered a safety device, since they only put me over width by 2", and they 1) have reflective ccapabilities and 2) allow me to better see where the rear corners of my load (boat) are, thereby allowing me greater visibility. He said that he wasn't sure and that he would have to look it up....I didn't get a real warm fuzzy feeling about that, since looking it up would probably not yield the words "guide posts". I'm NOT removing my guide posts....anyone know the name of that attorney?
I'm not planning on removing my guide posts either. Both are covered in the DOT approved reflective tape stuff. That lawyer could really make a name for himself if he took this on and won. I'm not a lawyer but sure can see this as winable which just might be better than the legislators doing thier politics. Personally, I rec. an update from Julia Boseman of what she says she's doing for us. Kinda strange tho,, I've sent her two letters ref. this subject and have rec. zero response. I think that Raeford could be our best representative from a media perspective and wow, it would be nice if an up and coming attorney took this and ran with it.
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2005 McKee 23 TE/FS with 200 Zukes
50 Ton Masters with Towing Endorsement.
Raeford Brown sounds like either a boater or a friend to us....He probably also has friends in other markets/affiliate stations that could widen the support base here....Obviously, since he is among the first media representatives to take a real interest, we want him to be the "first to know", but after that, the wider the spread the better. (right Raeford?)
Besides media coverage and legal representation, we all need to keep writing those letters to our Congressmen & Senators. People need to know that this is a serious issue to a serious number of voters.
Question: Has anyone rec. any type response from Boseman? Her little update of what "all" she was working on included the boat/trailer legislation. I asked her what the legislation was and what her position was,,,, duh,, no response. This being the second time she'd been asked for help. Maybe she's already forgot that she was from New Hanover.
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2005 McKee 23 TE/FS with 200 Zukes
50 Ton Masters with Towing Endorsement.
Hope he is Ok with me copying his response. This was taken from another website.
"if someone gets a ticket for pulling an over-width boat on sunday or a holiday, or for pulling over-weight with a pick-up when the same tow would be allowed with an suv, in eastern nc, please let me know. i think it may well be an unconstitutional government restriction...without a rational basis...that may be vulnerable to a properly asserted legal challenge. i'm interested in asserting the defense in a case as i own an overwidth boat i want to trailer on sunday and holidays, and i may be overweight with my truck. ...no charge for the legal service (i.e., no attorney fee) if the case is in eastern nc and i can help. obviously, there can be no guarantees of outcome and there may be court costs (fine, etc.) if unsuccessful. but, i'll give it a good run.
Boater? Friend?
Yep. Both times.
I will contact Senator Boseman Monday...might be a good time to get an itnerview with her.
Might want to drop the "revenue generating"part of our complaint, though. Unless something has changed, "fines" (not court costs) go to the school systems in North Carolina. This is from most fines...local parking ticket fines, for instance, go directly to the issuing government. I will check, too, to see if the fines generated by overzise/overweight restrictions go to the schools. Court costs go to the court system.
Jeff is in a different part of the state than I'm in, but I will be more than happy to share what I learn with him in these cases. It might also be wise to locate attorneys in several areas that might want to jump on the wagon. There are several in the Wilmington area that might want to become involved...several are friends of the station where I work.
As far as "spreading the word", my assignment manager deals, daily, with all NBC stations in North Carolina ( WITN in Washington, WXII in Winston-Salem, WNCN in Raleigh, and WCNC in Charlotte), as well as stations owned by our company (Raycom America) in Charlotte (WBTV), Charleston SC (WCSC), Columbia (WIS), Richmond (WWBT), Savannah (WTOC); and not to forget a station that goes on the air in August, WMBF in Myrtle Beach. All of the above share material, information, and stories through internal networking. I will alert all about this trailer issue, and you can feel free, in you nlive near them, to contact their assignment desk. Do not ask for a reporter or the news director...the assignment manager pretty much rules the daily operations with regards to story selection. It's also becoming apparent (and, it might become even more obvious after Monday's meeting) that this is a story we feed to CNN...they love this stuff).
In New Hanover, we have a newly appointed State Representative, Sandra Spaulding-Hughes. She replaces outsted and indicted (and convicted) Representative Thomas Wright in the NC House. Wright, if you're interested, has appealed and remains on the May democratic ballot. If he actually wins that nomination, he will face Rebublican Thomas Wright, a well-known and effective attorney (in federal and state courts) in November. If at any stage of the race, Wright's appeal is denied, he becomes a felon and cannot serve. Te reason for this background on this forum is simple: Representative Spaulding-Hughes is your contact, now; and Candidate Goolsby, a former (no such thing as an "ex") marine and SCUBA enthusiast, is a good frined to the boating public.
Keep up the good work you've started. And, though it's personal, to me...my boat (25 footer) is barely (1/2 inch) in compliance...as long as I tie the two guide posts together at the top...they flare out about three inches. Duh. As I've just bought a new truck (Big Honking Tundra), I do have to get new tags as I'm now TOO darn heavy. Sighhhhhhhhhhhhhh.
Ok, now to something personal...I want to buy a USED Garmin GSD 22 sounder to go with my 3206. Anyone got one hanging around? I have a GDL 30 weather radar module that I don't want. Trying to find the USED sounder module has been a bit tough...and, the new ones are $400 and up.
Raeford Brown
Wilmington
I personally had the great oppurtunity of meeting Jeff. He is trailering a overwidth/oversize, he was the buyer of my 2360 Sailfish. He is an upstanding guy, and I intend on using him for legal matters in the future anyway. He was a man of his word on everything in buying my boat from me, so I am sure what he says above, he will stick with. My biggest concern is actually not so much getting the ticket as I also believe it is out of line, and can be won in court, but I have heard that they can make you leave your boat on the side of the road. Personally, that will probably get me locked up, because I will be damned if I am leaving my boat on the side of the road, unless I am in handcuffs and the back of someone's car, it just ain't gonna happen. I have been putting the boat over in Oriental, and running through the ICW when I go offshore, and it is a PIA. I would much rather drive the boat to Beaufort or Morehead and put over, but all this trailering crap has gotten me gun shy of all of it.
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Killin' Time
2008 Southport 28 TE
2008 Twin F250 Yamaha's
Raeford, I also want to say thanks for your efforts.
I can do the same thing with tying the guide posts together to get legal, but I think I'm going to choose not to. I think that if I get a width ticket due to the guideposts, that it can be challenged and won, under the "exclusion for safety items" listed in 49 USC 2311(d)(h) and Section 416 of the Surface Transportation Act of 1982 as amended (49 USC 2316). It may be a little thing, but little things add up.
I personally had the great opportunity of meeting Jeff. He is trailering a overwidth/oversize, he was the buyer of my 2360 Sailfish. He is an upstanding guy, and I intend on using him for legal matters in the future anyway. He was a man of his word on everything in buying my boat from me, so I am sure what he says above, he will stick with. My biggest concern is actually not so much getting the ticket as I also believe it is out of line, and can be won in court, but I have heard that they can make you leave your boat on the side of the road. Personally, that will probably get me locked up, because I will be damned if I am leaving my boat on the side of the road, unless I am in handcuffs and the back of someone's car, it just ain't gonna happen. I have been putting the boat over in Oriental, and running through the ICW when I go offshore, and it is a PIA. I would much rather drive the boat to Beaufort or Morehead and put over, but all this trailering crap has gotten me gun shy of all of it.
I hope it does not happen to you, but that is a real possibility especially if you are towing with a Class C and not the required Class A. If you are pulling more than 10,001 lbs with a class C then you are not technically licensed to pull that load. The officer should make you leave the boat on the side of the road since allowing you to simply go on would be a matter of him/her incurring liability and allowing you to drive unlicensed. They can't do that.
If you are over 10,001 lbs get your Class A.
Cuffs are no fun.
__________________ "In My Dreams"
2012 36 Yellowfin triple 300 Verado's
Ice Blue/White top
Wrightsville Beach, NC
Think technically it is if your GVWR of the trailer you are pulling is over 10001 lbs you have to have a class A. But realistically if the trailer GVWR is 10001 you are not legally suppose to haul anything over 10001 lbs on the trailer including weight of trailer.
Just got back from the local DMV office in Smithfield renewing the tag on my Tahoe. I asked if they were hearing anything about the trailering mess and they had. They even knew about tonights meeting. I really did not think prior to today that I had a dog in this fight until I was informed that a man in Johnston Co. had been stopped 3 times and had received a ticket each time for towing with unweighted tags on a Suburban .
Folks, if you can get to Wilmington tonight please be there. This mess has got to stop.
Trailering Issue Continues 
