From: timothy.smith1@att.net
Date: Thu Jan 19 2006 - 16:38:34 PST
Well, after much reflection here's my take on this.
My primary concern is their not wanting to issue a title. A title should in no way threaten their position on licensing. Titles are issued every day for vehicles that are not "roadable."
As for us, as MV owners, the challenge should not be to Kansas' ABILITY to make regulatory decisions about what they will and will not issue licenses for. That was decided long ago. Instead, what SHOULD be challenged are some of the points in their ruling.
For example, to exclude certain vehicles from licensing because THEY deem them a concern for law enforcment and/or contrary to the interests of homeland security is clearly (at least to me) beyond the scope of their regulatory powers.
Being IN law enforcement (and having some vague dealings with the mysterious Dept of Homeland Security), I think I can say that the vehicles I am most concerned with are those that look like every other vehicle out there and are capable of carrying just about any nefarious item you can think of, large or small.
This is not to say that former military vehicles in the wrong hands don't pose a risk to the safety and welfare of the public, but so does fuel oil and fertilizer. Having participated in training where we packed and detonated a Nissan Sentra filled with 500# of ANFO I can honestly say that armed only with my Ford patrol car and my Glock, I'd much rather take on the guy in a Ferret than the guy with a loaded Nissan Sentra. I can guarantee a spectacular end to the Ferret and I'd have NO chance against the Sentra.
I could attack many of the other points, but in the final analysis, if the powers that be don't want former military vehicles on the road in Kansas (provided they can provide reasonable reasons that aren't bullshit and don't go against what is settled law) then you won't find former military vehicles legally on the road in Kansas, no matter how many lawyers you hire.
I would not go out of my way to run my half-track in traffic unless I was going a VERY short hop (very limited exposure) to and from a parade, and then, only after taking exceptional precautions that go far beyond the casual operation of, say, my Buick Roadmaster. Personally, I don't think that I can drive the half-track safely with other motorists around. The law of averages is against me. I admit, I am very conservative in that regard and I know there ARE guys out there who own half-tracks and who drive them on the street and who would contradict me on this topic. To each his own. As I said, I am conservative. I have no idea whether a Ferret can be operated with a reasonable degree of safety in and around traffic. I've never driven one. Obviously the decision to license or deny licensing of the wide variety of former military vehicles out there (armored or otherwise) needs to be addressed on a case by case basis. THIS would be reasonable.
And, as far as manufacturing standards and necessary equipment for roadability go (those MV's designed for on-road use), military vehicles meet or exceed the applicable standards for their date of manufacture, just like any other vehicle. In that regard, our Kansas official is patently WRONG. Period. End of story.
The web Kansas DMV does not want to get trapped in is this...
(1) They don't KNOW about former MV's.
(2) They don't want to HAVE to know about things they don't know about.
(3) They are desperate to keep from having to make an uninformed decision about, well, just about anything.
And as we know, the easiest way to avoid the whole unpalatable issue is to just say 'NO'..
Insofar as I know, Kansas DMV does NOT have the power to regulate who OWNS what kind of vehicle withing their state. I cannot imagine a circumstance where Mr. Thomas should or could be denied the opportunity to acquire a valid, legal title. However, if such a circumstance exists, Mr. Thomas ought to go elsewhere for a title for this vehicle, even if it means establishing an address in another state for a month. It would be cheaper for him.
Regards,
TJ
Halftracks RULE... on or off the road!
This archive was generated by hypermail 2.1.4 : Tue Jul 18 2006 - 21:39:35 PDT