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James Shanks wrote:
>
> *This message was transferred with a trial version of CommuniGate(tm) Pro*
> In all fifty states it IS legal to drive with the windshield down, with one
> caveat. ...eye protection...
In California.. your statement is not quite true as can be stated with
personal
experience as outlined below. Mind you this is California Vehicle code,
so the
same my not be the case in other states. Also, I agree that alot of what
happens
in a traffic stop is quote: " Up to the discretion of the arresting
officer..."
I think most officers apply common sense, and regardless of rule, if you
seem
to drive responsibly and wear eye protection, they won't care.. Other
rules
DO apply in California however:
I have an M37 that, until I added the S144 commo box on it, I used to
commute
to work and drive with the winshield folded down when the weather was
nice.
I am the radio maintenance shop supervisor with the City of San Jose and
know many of San Jose's Police Officers personally. However I do not
know
many of the County's Sheriff's Deputies..
In California, there are two vehicle code sections that apply to this
circumstance...
The first only states: " ....the vehicle must have an adequate
windshield.."
The second defines a "defective" windshield, as being one that it is
damaged
to a point where you cannot see through it.
I was pulled over by a local sheriff's deputy one day as I was driving
home
and the deputy stated that I was in violation of the California vehicle
code
by driving with the windshield folded down..
The Deputy's reaction to his encounter with me, was that he realized he
had
pulled over a motorist who was familiar with the traffic codes and she
was not a
typical "Profile-stop" for driving some second-hand vehicle. I made a
point
to not be confrontational, and instead to be pleasant and polite..
I asked him to look up, and cite, the specific vehicle code section that
he
felt applied to this circumstance.. I further stated the the issue at
hand
would have to fall into one of 2 catagories.
The first catagory being that I was in violation due to a safety problem
(eye protection), and I indicated that I wore large-lens glasses
and they served as eye-protection. I also stated that adequete under the
circumstances applied to the fact that I was driving on surface streets
at 30 MPH or slower, and I don't make a practice of driving at faster
speeds than 30 MPH unless I have the windscreen up..
The second issue would be whether the vehicle has all of it's standard
equipment.. ie the windshield is mounted on the vehicle, as it is
supposed
to have one, and the windshield works properly.
The deputy looked up the vehicle code and cited that my vehicle must
have
an "adequete windshield" .. I responded that the windshield on the
vehicle
was adequete under the circumstances, and I was wearing eye protection.
I also demonstrated that the vehicle's windshield operates as it was
designed in that it can be raised and lowered and can lock into place
in either position.
After the Deputy decided not to cite me, or give me any kind of further
warning,
I gave the deputy my home telephone number and asked him to call me if
he found
some other section of the vehicle code that may apply more correctely.
I made a point to leave the scene without placing the windshield in the
up
position.
Deputy Dona later called me at home and stated to me that what seemed to
apply is that the circumstance fell into the other catagory where my
vehicle should have been cited with a fix-it ticket as the windshield
was "defective" .. My reply was that the windshield was not defective
as it works properly and I was able to see through it..
Later, it turns out that in California, there is a seperate body of
vehicle regulation that applies to Commerical Vehicles.. under the
Commerical Code of regulation, there is a side-statement that
applies specifically to jeeps and other similiar types of vehicles
that are SUV's and have windshields that fold down.. The side statement
is that such vehicles, when operated on public streets and highways,
must
have their windshields in the "UP" position. The down position is only
permissable when NOT operating the vehicle on Public roads or highways.
I was told this detail by one of our San Jose Police Officers and I have
not seen this detail personally.. What I will do is research this a bit
more with Lt. Botar of our Traffic Enforcement Unit tomorrow and reply
back to the groupa about this specific California section...
The deputy at the time just didn't know which regulation actually
applied
and that is why I was able to drive off after being pulled over and I
was not cited...
soap-box-mode-on...
Typical of more and more regulation is that our personal freedoms
continue to erode as the "Government" decides what is best for us,
instead of "US" the citizen being able to think for themselves and
use their own judgement... But that is the difference between
"subjects" and "citizens".
Carla further states that... "The use of such regulations as
revenue/fine material is actually a criminal act on the part of
local government, in as much as it violates the inherent civil
rights of the public.. "
soap-box-mode off...
--Patricia E. Gibbons/Carla Satra, Tactical-Link Systems ------------------------------------------------- Please note our E-mail address is moving: OLD Email address: <wa6ube@ix.netcom.com> NEW Email address for Trish: <wa6ube@tactical-link.com> NEW Email address for Carla: <carla@tactical-link.com>
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