Hello Kevin,
the cop on the street can "apply" the "law" in almost any
manner, either thru ignorance, or malice. the fact remains,
they can't make you retrofit. that's where the courts come into
play. the nub of the isssue is that "they" can't make a
retroactive law, making something that has already been done
legally, NOW illegal, and then proceed with prosecution. ..
i had a friend with an "older" motorcycle. he kept it in SUPERB
condition, and it looked like new (a MOTO GUZI) when he bought
it, the law said you had to have A mirror. then they passed a
law mandating TWO. wouldn't you know it, when he drove thru
town, he got pulled over and got a ticket. but when he went to
court, showed his registration, etc, the ticket was thrown out.
that didn't stop the cop from pulling him over again (and
again) and issuing more tickets, EACH of which was thrown out
of court. in the end it was easier for him to stop driving thru
town. someone else may have gone ahead and and mounted the
second mirror, as sometimes the hassle isn't worth being proven
correct. ...
pollution laws MAY be considered differently than safety
violations, but product safety laws are NOT retroactive. if you
have an old fan in your house without a safety housing, they
can't make you put one on it, NOR can you sue the manufacturer
if you stick your fingers into the blades. ...... IF and i say
IF they are to require retrofitted pollution equipment on
automobiles, it seems to me (i'm not a lawyer) that the burden
would be on the manufacturer to make such equipment available.
FAT CHANCE!!
--
Best regards,
Bill mailto:pythias@pacifier.com
"66 Sprite
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