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Post by davet on May 10, 2016 9:10:46 GMT -5
Look, I practiced tax law for 25 years of my life. Accordingly, I've read a lot.....and I do mean a lot of law, regulations, court cases, and everything else that goes along with that. Believe me, there isn't anything a "taxpayer" hasn't done, or tried to do with income reporting or the taking of a deduction, that is not writing in the thousands of pages of tax code. Ask about it....there's a blurb about it in the tax code. And not only is it in there, it's covered down to the wire. Now, there are area's of grey. Usually these are in matters that are very complex.
But, on this matter concerning the PGC, with the license and tags, it just seems pretty simple to me. But, the matter was not made simple. It could have been....but it wasn't. So, why am I making a big deal about it? Because I can.
Would a WCO make a big deal about it in the field? You tell me. Why would he want to? Maybe, just maybe "because he can." Simple enough I guess.....eh?
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Post by zimmerstutzen on May 11, 2016 17:36:39 GMT -5
As our departed John S, used to say, the law is the law. Didn't matter that an FO hat from the PGC had a minor SPORT emblem on the front, it was illegal for some hunting. I would be censored if I repeated Shakespeare's famous line, (that sometimes,) "the law is an a$$."
Alledgedly, all regulations and laws must be written into form by the Legislative Reference Bureau. Letting a desk jockey who knows nothing about the subject, write that language is about as useful as a muffler bearing. Even more shocking, is the fact that none of the Commissioners, who are supposed to know about the subject, question the wording. When I lived in DC, there was a bureaucrat expression, "Good enough for Government Work." What our officials do should always be the best they can do, not good enough, nor should they accept anything less than perfect clarity in their product.
The error in this practice is shown by the fact that the PGC removed the flintlock requirement of "open sights" with great fan fare saying they have now permitted peep sights. four years later they put the requirement for open sights back in the law. When questioned, the reply from a guy who knew little or nothing about the history and apparently less about firearms, said " Peep sights are open sights." Quite wrongly BTW.
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Post by davet on May 12, 2016 7:41:28 GMT -5
Thanks Zim. BTW, I had to "re-do" my research because of my "engagement" with the fish CO. As my wife has often told me...."There's a reason for everything." So, as my re-research (I call it that as I did my first research 8 years ago when I first acquired my cart) unfolded, I looked at the helmet law requirement. Now, if your riding an "ATV" on public or private lands, anyone on an ATV is "required" to wear a helmet. And not just any old helmet, but a DOT approved helmet. Hmmmmm......So I went to the DCNR web site to "refresh" my understanding of exactly what was the definition of an ATV. So, when you peruse the site, you will ultimately trip across (via a search is the fastest way) of this PDF document: www.dcnr.state.pa.us/cs/groups/public/documents/document/dcnr_20030015.pdf Now, I'll save you some reading here and cut\paste in the part on this DCNR document where they define what an ATV is. This document states: All-Terrain Vehicles are defined as follows: 1. Class 1 ATV – A motorized off-highway vehicle, which travels on three or more off-highway tires and has a maximum width of 50 inches and a maximum dry weight of 1200 pounds. 2. Class 2 ATV – A motorized off-highway vehicle, which travels on three or more off-highway tires and has a width which exceeds 50 inches or a dry weight which exceeds 1200 pounds.Of course, if you look at my cart, it travels on 4 "off-highway" tires and it will fit one or the other of the above definitions. So, if you were "a babe in the woods" and a CO were to stop you and show you this piece of paper, and you had no helmet on, you would likely accept getting a citation. However, on this same PDF paper, well above this definition it states: The state regulations are in Title 17 Pa. Code Chapter 51. This pamphlet is not intended to be a substitute for the actual law and regulations. So, I looked up the actual law and what this PDF document does not state is that Golf Carts are exempt from this classification. So.....when your on my cart.....no helmet is required. OTOH...you can ride your Harley down the turnpike at 70mph with no helmet. Just saying........
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