Lift Laws

OverlanderJK said:
Most things like lifts or bumper height laws are enforced if your breaking another law, ie window tint too dark. They will get you on other things too if you let the conversation go that way. I don't think I have heard of anyone get pulled over for just the lift law though.
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We have been pulled over for bead lock wheels on our 2004 RAM 3500 4X4 SRW and warned about incorrect equipment "just warned" by CHP P.S. we were pulling a 42' Toy Hauler Fifth Wheel Trailer just coming out of Mexico after the 1000
 
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Unfortunately, here in Utah, we have emissions and safety inspections. The year of your rig dictates how often you get to go. The "technicians" that work there inter-pit and enforce the law. The consistency between "shops" is a joke. It's a crap-shoot. If you know a guy, you're golden.
 
White_JKU said:
First off let me say that I am a police officer in GA and most equipment laws on the books are not enforced such as the 2"above or below stock suspension modification law.
This will prob piss ppl off but Jkzinger is incorrect.

Just because your vehicle is not registered in the given state your are currently within the borders of does not make you exempt from that state's equipment laws or any other motor vehicle laws. ( case law repeatedly affirms that ignorance of the law is not a valid defense)

For example: if its legal in your state to not wear a seatbelt.... Doesn't mean you can travel to GA and not be expected to follow GA seatbelt law or any other GA law that may not exist in your home state.

Research the laws in the states that you are traveling to and or are going to spend time in and expect to have to abide by them.

Most officers will use discretion regarding residency however they do not have to and a violation IS a violation regardless of residency.
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With all due respect, police officers have no authority to issue compliance tickets to an out of state vehicle. A seatbelt ticket is not a compliance law. Compliance laws are as follows....(for example)

1) Front plate
2) Inspection
3)Lift
4)Fender flares (missing, too small, etc)
5) Exhaust
6)Tint
7) Headlights

etc

Your information is incorrect. I can roll into your state on 3 wheels, pluming smoke, with the worlds loudest exhaust, with the worlds tallest lift, with no front plate, with no fender flares on 54" tires, and there is nothing anyone can do about it. They can write the ticket, but it will never stick. This is why a lot of people in NY have florida plates (no need for inspection, front plate, any tint they want, etc) and why NJ people have PA plates. Furthermore, even IF the vehicle's home state requires something that is in violation (say a front plate), the police of the other state do not have the authority to enforce the laws of another state. This is further protected by the Freedom of Movement Act, which ties the hands of police officers for enforcing laws which hold the driver under it's umbrella, including gun transportation (FOPA), vehicle compliance, etc.

Took a picture of an old ticket I had from when I lived in NY....look towards the bottom with the inspection, registration, etc....
B7ABC850-24D6-42F7-910A-7830FDFD1D77-7306-0000074B936A1FA8_zpsf2f0ad8a.jpg


See the NYS only?

I got a ticket in VA for no front plate, and it was dismissed by mail, since the vehicle was plated NJ.
 
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Requiring a front plate only applies to the State you are registered in as does emissions testing since you only need to pass for registration but a LEO can ticket you for violating statutes in his State regardless of what plates you have on.

If you drive through CA or UT without fenders or flaps that cover the width of your tires you will be ticketed. They don't care that NV does not require fenders or mud flaps. If you ride a motorcycle in SD with handlebars higher than your shoulders you will be ticketed. They don't care if you rode through 5 States to get there and none of them bothered you. Those are compliance laws and if you wish to drive a motor vehicle in another State you need to follow the laws of that State.
 
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You can be ticketed, but the ticket will be thrown out. Again, a state cannot ticket a vehicle for something that is legal in the vehicle's home state. The state issuing tickets had absolutely no authority to ticket said vehicles. Most cops will still ticket an out of state vehicle because most people are unaware that the local police cannot issue these tickets.
 
It's not wrong. Don't confuse your misinformation with fact. If you were issued a ticket out of your home state for a compliance violation, you were wronged.
 
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hunterbilt said:
Just because you live out of state does not make you exempt from any motor vehicle law.
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I never said any motor vehicle law. I said compliance laws. The vehicle must meet ALL of the required compliance statutes in the state in which it is registered. If I have a florida vehicle that has legal tints, they are still illegal in NY. However, NY can't do a thing about it, because the vehicle complies with the law in accordance to the state in which it is registered. The VA trooper that gave me a no front plate ticket knew full well that I had a NY plate and that he has no authority to issue the ticket, but did anyway in hopes that I wouldn't know any better and will just pay the fine.

The freedom of movement act protects our rights to free travel within the united states. Compliance laws are state regulated, and states cannot encroach on each other's laws. An SUV lifted 5 miles high in the sky may be legal in one state, but not in another. The FOMA protects the rights of the citizen to travel from state to state without any repercussions from laws of another state, so long as they comply with their home state.
 
And one more thing....the reason why you don't have to comply with another states law is (among other things) it may be in violation of your home state law. For instance, Utah mandates that you have a flare covering your tire (50% minimum I believe.) PA state law dictates that you CAN NOT have a fender wider than 3" (unless OEM). So, if you have 15" wide tires, to comply with UT law, you would be violating PA law.
 
Again, just not true. The FOMA was a nice try but has nothing to do with motor vehicle codes. If you choose to drive out of state you must comply with their motor vehicle code.
 
Please provide a citation if you are going to try and pass your information as fact. You are obviously clearly ignoring facts as I have outlined a direct fact right above your post...some states have completely conflicting laws. Having a vehicle in compliance of EVERY state would be almost impossible. This would also give UT police a free for all buffet for AZ drivers. Either your legal knowledge/interpretation is faulty, or you are just repeating what you have been told (incorrectly.)
 
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NFRs2000NYC said:
Please provide a citation if you are going to try and pass your information as fact. You are obviously clearly ignoring facts as I have outlined a direct fact right above your post...some states have completely conflicting laws. Having a vehicle in compliance of EVERY state would be almost impossible. This would also give UT police a free for all buffet for AZ drivers. Either your legal knowledge/interpretation is faulty, or you are just repeating what you have been told (incorrectly.)
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While I tend to agree with your position on this issue (admittedly I haven't researched it), there is no need to make it personal NYC.

BTW--I found a thread on another forum from a few years back where you asked this question. How did it get resolved for your cousin? ;)
 
Skirmish said:
Your "facts" are incorrect.
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If you are going to say they are incorrect, you can at least attempt to back them up. You obviously don't care to know the extent of state laws, their extensions and enforcement in other states, nor interstate vehicle laws. Its your money, so if you want to pay out of state compliance tickets, that's all on you.
 
MTG said:
While I tend to agree with your position on this issue (admittedly I haven't researched it), there is no need to make it personal NYC.

BTW--I found a thread on another forum from a few years back where you asked this question. How did it get resolved for your cousin? ;)
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I didn't insult anyone, so I don't know why you think Im making it personal. I treat everyone with respect and have cordial debates. I never resort to name calling or personal attacks.

As for my cousin, that was indeed my cousin, and I assume you are referring to the post I had on officer forums right? He was issued a citation and was told (the same information that is being debated in this thread) by the officer, and since I was pretty sure it was wrong, I figured I would double check with some officers. I lived in NY at the time, and wasn't too aware of the NJ/PA situation. It was only later on when I learned the actual laws and how they are applied/used. I never have issues with police, nor are my vehicles blatantly street illegal (my tires stick out about 1" and my rigids don't have covers on them) and my posts were simply for the benefit of other members. I have absolutely no skin in the game, I just don't like when police take advantage of unsuspecting motorists purely for revenue generation.
 
NFRs2000NYC said:
If you are going to say they are incorrect, you can at least attempt to back them up. You obviously don't care to know the extent of state laws, their extensions and enforcement in other states, nor interstate vehicle laws. Its your money, so if you want to pay out of state compliance tickets, that's all on you.
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Yeahhh sorry fella but this is correct, for instance, if your vehicle is registered in a state that DOES NOT require a front plate, you can't be ticketed for it in NY. Same goes for any other type of equipment type of violation. That being said, you CAN be fined for failing to register you vehicle properly if you are residing in a new state and have not changed/renewed your registration. Considering that most laws are based on "Reasonable expectation" it is not reasonable to expect me to completely modify my vehicle to pass through another state. :thumb:
 
jk4x4wrangler said:
Yeahhh sorry fella but this is correct, for instance, if your vehicle is registered in a state that DOES NOT require a front plate, you can't be ticketed for it in NY. Same goes for any other type of equipment type of violation. That being said, you CAN be fined for failing to register you vehicle properly if you are residing in a new state and have not changed/renewed your registration. Considering that most laws are based on "Reasonable expectation" it is not reasonable to expect me to completely modify my vehicle to pass through another state. :thumb:
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Right, you can be ticketed for not having current registration (regardless of state) or no registration, but if the vehicle is registered, then there aren't any tickets (compliance) the out of state police can give out. Most police know this, but some still like to take their chances with the unsuspecting motorists paying the fine when they didn't have to.
 
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