WTF Emissions DELETES! The smelly Garbage can dumped on Motorsports! WTF

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Jack@European_Parts

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   #222  

Jack@European_Parts

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That feeling is correct.......

It's not a dream............oh "they" are watching "you", further targeting you!

Not a trick........"you" shouldn't feel safe!

 
   #224  

Jack@European_Parts

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http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:


Penal
§ 170.70 Illegal possession of a vehicle identification number.
A person is guilty of illegal possession of a vehicle identification
number when:
(1) He knowingly possesses a vehicle identification number label,
sticker or plate which has been removed from the vehicle or vehicle part
to which such label, sticker or plate was affixed by the manufacturer in
accordance with 49 U.S.C. section 32101, et seq. and regulations
promulgated thereunder or in accordance with the provisions of the
vehicle and traffic law; or
(2) He knowingly possesses a vehicle or vehicle part to which is
attached a vehicle identification number label, sticker or plate or on
which is stamped or embossed a vehicle identification number which has
been destroyed, covered, defaced, altered or otherwise changed, or a
vehicle or vehicle part from which a vehicle identification number
label, sticker or plate has been removed, which label, sticker or plate
was affixed in accordance with 49 U.S.C. section 32101, et seq. or
regulations promulgated thereunder, except when he has complied with the
provisions of the vehicle and traffic law and regulations promulgated
thereunder; or
(3) He knowingly possesses a vehicle, or part of a vehicle to which by
law or regulation must be attached a vehicle identification number,
either (a) with a vehicle identification number label, sticker, or plate
which was not affixed by the manufacturer in accordance with 49 U.S.C.
section 32101, et seq. or regulations promulgated thereunder, or in
accordance with the provisions of the vehicle and traffic law or
regulations promulgated thereunder, or (b) on which is affixed, stamped
or embossed a vehicle identification number which was not affixed,
stamped or embossed by the manufacturer, or in accordance with 49 U.S.C.
section 32101, et seq. or regulations promulgated thereunder or in
accordance with the provisions of the vehicle and traffic law or
regulations promulgated thereunder.
Illegal possession of a vehicle identification number is a class E
felony.
 
   #225  

Jack@European_Parts

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http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:

Vehicle and Traffic
§ 423-a. Enforcement procedures for insuring the retention of vehicle
identification numbers on vehicles. 1. Seizure of vehicle. (a) Members
of the state police, any local police department or any peace officer
acting pursuant to his special duties shall seize and confiscate a motor
vehicle or trailer if any original identification number or special
identification number is destroyed, removed, altered, defaced or so
covered as to be effectually concealed.
(b) The commissioner shall establish standards for determining whether
an identification number on a motor vehicle, trailer or part thereof is
destroyed, removed, altered, defaced or so covered as to be effectually
concealed. Whenever a vehicle described in paragraph (a) of this
subdivision is seized or confiscated, members of the state police, local
police department or peace officers acting pursuant to their special
duties, if warranted, shall arrest the supposed owner or custodian
thereof, and cause prosecution to be brought in a court of competent
jurisdiction. It shall be the duty of the appropriate agency or the
department of motor vehicles to retain the custody of each motor
vehicle, trailer or part seized pending the prosecution of the person
arrested until the ownership of such motor vehicle, trailer or part
shall have been ascertained. If the ownership of such motor vehicle,
trailer or part cannot be ascertained, or if the owner or custodian is
convicted of the theft or unlawful possession of said motor vehicle,
trailer or part, such motor vehicle, trailer or part, if in the
possession of the state police or any other state agency shall, at the
direction of the office of general services, be held for, or delivered
into the possession of, such office, and title shall vest in such
office, or if in the possession of a local police department or other
local authority, such motor vehicle or trailer shall be treated as an
abandoned vehicle pursuant to section twelve hundred twenty-four of this
chapter, or such part may be sold by the local authority to a registered
dealer or to a registered vehicle dismantler or certified scrap
processor as defined in subdivision nine of section four hundred
fifteen-a of this chapter.
2. Assignment of a new identification number. If a person other than
the person arrested be the owner, the motor vehicle, trailer or part
shall be returned to him as soon as he has arranged to have the
department of motor vehicles affix a new number, or in the case of a
part, inspect such part, and the department has done so, as provided in
section four hundred twenty-two of this chapter. Prior to the return of
the motor vehicle, trailer or part, or the transfer of custody of said
motor vehicle, trailer or part, the arresting officer shall transmit
notice of the arrest to the commissioner.
3. Disposition of certain motor vehicles, trailers and parts. (a) If
the owner of a motor vehicle or trailer cannot be ascertained, or if the
owner or custodian is arrested and convicted of the theft or unlawful
possession of said motor vehicle or trailer, and such motor vehicle or
trailer is held for or is in the possession of the office of general
services, the office of general services shall sell the motor vehicle or
trailer at public auction or by bid, or, it may be registered for use by
the office or by a state agency in the performance of the duties of the
office or of such state agency, provided that the department of motor
vehicles first affixes a special identification number to the motor
vehicle or trailer, if required. The special identification number shall
thereafter be used for identification, registration and all purposes of
this chapter, and the purchaser thereof may sell and transfer the motor
vehicle or trailer bearing such a special identification number or
numbers.

(b) If the owner of a part or parts of a motor vehicle or trailer
cannot be ascertained, or if the owner or custodian is arrested and
convicted of the theft or unlawful possession thereof, and such part is
held for or is in the possession of the office of general services, the
office of general services shall sell such part or parts to a registered
dealer or to a registered vehicle dismantler or a certified scrap
processor as defined in subdivision nine of section four hundred
fifteen-a of this chapter.
(c) Notwithstanding any other provision of this section, ownership of
an unidentifiable part in an otherwise identifiable vehicle, other than
a stolen vehicle, held by the department or by a police department may
be transferred to the owner of such vehicle provided that the department
or police department has made findings that such owner had no knowledge
that the part was unidentifiable and that such owner was neither
responsible for rendering such part unidentifiable nor acting in concert
with any person who rendered or had such part rendered unidentifiable.
Such a transfer may be made to a person who is presumed to have
determined and to know identification numbers on motor vehicles and
parts pursuant to subdivision one of section four hundred twenty-one of
this article only upon payment to the department or to the police
department of an amount equal to the reasonable wholesale value of the
part. Such a transfer may be made to any other person without any
payment being made to the department or police department provided that
the department or police department is satisfied that the person has
been the owner of the vehicle with the unidentifiable part contained
therein for a period of at least eighteen months. Such findings may only
be made after an investigation and, if appropriate, a hearing. Such
investigation shall be made promptly by the department or the police
department upon the request of such owner. Proceeds from the transfer of
any such part shall be paid into the general fund of the state if
transferred by the department or the division of state police, or into
the general fund of the appropriate local authority, if transferred by a
local police department. No such part shall be so transferred until a
special identification number has been affixed to such part and the
appropriate fee has been paid by the owner of the vehicle.
4. Whenever a vehicle or part which is in the possession of the state
police or any other state agency or a local police agency or other local
authority is returned to an owner, the cost of making delivery of the
vehicle or part shall be a charge upon such owner. With respect to motor
vehicles, trailers and parts held by the state police or any other state
agency, the commissioner of the office of general services, after
consultation with the commissioner of motor vehicles, shall promulgate
regulations to effectuate the provisions of this section. Such
regulations may include, but shall not be limited to, provisions for the
removal of parts from vehicles, the storage and sale of vehicles and
parts and the recovery of costs incurred in performing the duties
required herein.
5. Notwithstanding any other provision of law, if the commissioner is
holding a vehicle or vehicle part, upon determination of the rightful
owner of the vehicle or vehicle part, the commissioner shall give
written notice to the owner to retrieve such vehicle or vehicle part.
Fifteen days after the receipt of such notice by certified mail, the
commissioner shall impose a storage charge of ten dollars a day for a
vehicle and five dollars a day for a vehicle part or parts. Unpaid
storage charges shall be a lien upon the vehicle or vehicle part and
such lien may be foreclosed in accordance with article nine of the lien
law. Any moneys collected as storage charges or as the result of
foreclosure of liens for storage shall be used to fund the motor vehicle

theft prevention program established by section two hundred twenty-three
of this chapter.
6. All funds collected from the department's share of the sale of
assets pursuant to this section shall be deposited by the comptroller
into the special obligation reserve and payment account of the dedicated
highway and bridge trust fund established pursuant to section
eighty-nine-b of the state finance law.
 
   #230  

Jack@European_Parts

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Abuse of process:

https://en.wikipedia.org/wiki/Abuse_of_process

Abuse of process is a cause of action in tort arising from one party making misusing or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. It is a common law intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts.
The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings.[SUP][1][/SUP] Abuse of process can be distinguished from malicious prosecution, in that abuse of process typically does not require proof of malice, lack of probable cause in procuring issuance of the process, or a termination favorable to the plaintiff, all of which are essential to a claim of malicious prosecution.[SUP][2][/SUP] "Process," as used in this context, includes not only the "service of process," i.e. an official summons or other notice issued from a court, but means any method used to acquire jurisdiction over a person or specific property that is issued under the official seal of a court.[SUP][3][/SUP] Typically, the person who abuses process is interested only in accomplishing some improper purpose that is collateral to the proper object of the process and that offends justice, such as an unjustified arrest or an unfounded criminal prosecution. Subpoenas to testify, attachments of property, executions on property, garnishments, and other provisional remedies are among the types of "process" considered to be capable of abuse.

https://www.law.cornell.edu/uscode/text/22/7102

http://codes.findlaw.com/us/title-28-judiciary-and-judicial-procedure/28-usc-sect-1605.html



http://uscode.house.gov/view.xhtml?req=(title:22 section:7102 edition:prelim)


Malicious prosecution:

[url]https://en.wikipedia.org/wiki/Malicious_prosecution[/URL]


Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.
Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of process. The mere filing or maintenance of a lawsuit, even for an improper purpose, is not a proper basis for an abuse of process action.
Declining to expand the tort of malicious prosecution, a unanimous California Supreme Court in the case of Sheldon Appel Co. v. Albert & Oliker, 47 Cal. 3d 863, 873 (1989) observed: "While the filing of frivolous lawsuits is certainly improper and cannot in any way be condoned, in our view the better means of addressing the problem of unjustified litigation is through the adoption of measures facilitating the speedy resolution of the initial lawsuit and authorizing the imposition of sanctions for frivolous or delaying conduct within that first action itself, rather than through an expansion of the opportunities for initiating one or more additional rounds of malicious prosecution litigation after the first action has been concluded." [SUP][1][/SUP]

https://www.law.cornell.edu/uscode/text/28/2680
 
   #231  

Jack@European_Parts

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I'm not running away from the bitches with bats anymore .........it's popsicle time!

 
   #233  

Jack@European_Parts

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   #235  

Jack@European_Parts

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Better get your rations, water & mechanical switched or extract that plunger under your solenoids, so you can pop start your 068 diesels.

Don't forget your starting fluid & to park on a hill..........!

 
   #239  

Jack@European_Parts

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Another way to look it it is: They are the invisible hand reacting to excessive regulation.

Do you still believe this to be a result of excessive laws written & when being really self regulated or as a means of mere affirmation statements submitted to agencies?

Now knowing what is really coming out the tailpipes and the statistics which have jumped for every breathing disease worldwide?
 
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