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PaLawman

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Posts posted by PaLawman

  1. Hello All, I am helping get the word out.  I met some of the most down to earth Mack guys a few weeks ago at the Macungie Pa. show. I was looking for parts and met a guy, that knew a guy, that heard of a guy, that knew a guy that had the parts I was looking for. They are Matt Pfahls, Tony Russo, Charlie Dinkle and Rusty Pirlley. All great Mack guys. Rusty's Father whom had been an extensive Mack mechanic and parts collector for over 40 years who sadly passed away recently. Rusty is now being subjected to Code Enforcement and the typical and usual crack down of yard cleaning coincidentally and has two(2) yards or fields of trucks, parts, sleepers, trailers, and related truck equipment, some of which are brand new uninstalled NOS parts, in packages and crates which he is now selling. In the interest of keeping parts in circulation and this hobby and obsession going, I asked him to post this so that we can get parts and trucks to fellow Mack enthusiasts and the Mack Truck Museum. I have only seen one yard which has F-Model glider, R-Model, B-Model, RW, Cab overs and other trucks and parts. I will be posting some pics after this post because there are too many so I picked a few, but it does not do justice to what he has. These trucks and parts need to be saved. Please call or text him with your name and needs at:  (540)241-0822. Check the next post for pics.

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  2. He is in TOTAL compliance already... The ordinance clearly states on the STREET... It is on his PERSONAL and PRIVATE Property.. If they prosecute/cite him he will win.. However, you can bet the Farm at the next municipal meeting, they(Government) will modify and adopt the section to effect his property solely, or the wording so it effects or impacts him in a negative manner. However, he would have owned the CMV prior to the ordinance or modification. I have to find that Supreme Court ruling about CMV's being used as personal vehicles and not in a commercial application. He can use that law as reference as well. But, registering the truck as an Antique or Historic vehicle alone may work. But it depends on if they(Township/Government) adopted their Vehicle Code Law into their ordinances, which would classify or define a CMV by weight or size. Vehicle Law only. Then that would be an obstacle for him. I would attend and ask the Municipality in a pubic forum, since they are targeting owner operators with this ordinance what accommodations will they be offering to allow CMV's to be parked in Commercial Zones or areas? Is the Township or Code Enforcement plan on setting aside a parcel of land so these vehicle can be parked at legally?? Seems a bit subjective and they intend of substantially harming and effecting CMV owners and F-Model only, or as he may be the only CMV owner in that area. Smells like a recipe for a legit civil lawsuit. Especially if it effects one's livelihood. 

    Amos.

  3. No District Judge or Magistrate will issue you a warrant to enter the property, no matter how well you articulate the reason in your Affidavit of Probable Cause if you cannot readily see the object or target of your investigation which he would keep in a portable tent, garage, or under a tarp. This is one of the problems good people have with Government overstretching their constitutional authority. It's construction, intent, and spirit of the law was intended on the guy hoarding inoperable partially dismantled vehicles or junk, allowing all types of critters to harbor or live inside. Those type of guys would need a farm or large parcels of land. Unsightly terminology is what that have most recently added. Clearly subjective. What is for one may not be for another. F-Model has a wonderful piece of transportation history and appears to be very close to a survivor. Many of us would love to have. With a few steps like a DMV Antique registration plate and nominal insurance and a portable tent or tarp he would fall well within the scope of the law. As well as it NOT being parked on a street. Business insurance is acceptable as well and could be added on. I have recommended owner/operators with rubber tired equipment do the same as Municipalities have tried to prosecute/cite skid steer and backhoe operators for operating equipment on the streets without insurance. Again, Government overstepping. PA Title 75 allows and defines certain equipment be except from those regulations (within 1 mile of the job site). But, F-Model has a legit defense as he is not parked on a street and absent any further criteria he is not in any violation from what I read. It's on his own property and not a public street. As others have suggested, YES.. Definitely do not offer what you intend on doing to Code Enforcement, but rather be polite and ensure that you are or attempt to make the issue brought into compliance. When you volunteer your intent the Government will modify the Code and be given even more oversight that effects more than just yourself. Just be cautious. I am still looking for time to find that section of case law. 

    Amos.

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