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Pages: 1

More Government interference in our hobby

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Posted by: mgawat

Just a quick note to let you know municipalities in Maine are doing everything in their power (and beyond) to kill our hobby. While the Maine legislature did pass a bill which says the following:
A. "Automobile graveyard" does not include:
(2) An area used by an automobile hobbyist to store, organize, restore or display antique autos, antique motorcycles, classic vehicles, horseless carriages, reconstructed vehicles, street rods or parts of these vehicles as these vehicles are defined in Title 29-A, section 101 as long as the hobbyist's activities comply with all applicable federal and state statutes and rules and municipal ordinances, other than ordinances that are more restrictive than this subsection regarding the storage of vehicles or vehicle parts that are collected by a hobbyist, except that a municipal ordinance may require areas used by an automobile hobbyist to comply with the screening requirements in section 3754-A, subsection 1, paragraph A and the standards in section 3754-A, subsection 5, paragraph A, paragraph B, subparagraph (1) and paragraph C. For the purposes of this subparagraph, an automobile hobbyist is a person who is not primarily engaged in the business of selling any of those vehicles or parts from those vehicles;

Title 29-A: MOTOR VEHICLES HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)
Chapter 1: GENERAL PROVISIONS HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)
§101. Definitions
As used in this Title, unless the context otherwise indicates, the following terms have the following meanings. [1993
3. Antique auto. "Antique auto" means an automobile or truck manufactured in or after model year 1916 that is:
A. More than 25 years old; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
B. Equipped with an engine manufactured either at the same time as the vehicle or to the specifications of the original engine; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).]
C. Substantially maintained in original or restored condition primarily for use in exhibitions, club activities, parades or other functions of public interest; [1997, c. 653, §2 (AMD).]
D. Not used as its owner's primary mode of transportation of passengers or goods; [2005, c. 314, §1 (AMD).]
E. Not a reconstructed vehicle; and [2005, c. 314, §2 (AMD).]
F. Not an altered vehicle. [2005, c. 314, §3 (NEW).]

Towns are saying that if a vehicle is not fully restored it does not meet thaT EXCEPTION EVEN THOUGH THE STATUTE CLEARLY STATES THE VEHICLES CAN BE KEPT FOR RESTORATION.

I had the job of defending in York County District Court a lawsuit from the town Of Old orchard Beach, Maine to physically remove my antique trucks under restoration from my property despite the fact they were properly shielded from the highway. If it happen to me it can happen to you. I'm not sure what the answer is to force distrct court judges to enforce statutes as they are written instead of favoring blindly with the miunicipalities. Just one more hard fought for right we have being caliously taken away. Did I mentioon the fact I had to pay the town's legal expenses on top of this BS?



Posted by: jamie97lsc

why dont you find a shop somewhere. i'm only assuming you have all your stuff on your property at your house. we ran into trouble trying to wor on cars back up in massachusetts out of our yard too. when i moved to florida there was no way i was going to work out of my garage and make a mess out of it, so i rented a 1000 sq ft shop where i have been for 5 years now and no one says anything. partly because they cant! its zoned for workshops, and there are 3 other guys in my complex who work on cars. no one ever comes to our complex except the fire dept and all they want to see if up to date fire extinguishers. sounds like you need to find a location for all your car stuff if you want them to leave you alone!



Posted by: mgawat

I agree that is a solution byut the point is "THEY HAVE NO LEGAL RIGHT TO TELL ME TO DO SO" . This is how they take away rights we have fought for because no one stand up to them so their point of view is more important than yours.



Posted by: ford nut

Its a expensive solution.
One I can't afford.
There is no way I want to work on cars for a living, my back hurts just thinking about it.
So did they take your trucks ?
I hope not.
I know someone at my work that they made him reduce his flock but the dude had lots of cars. most were junk he also had them out of site.
But he had to do it.



Posted by: mgawat

the court gave me to July 3rd to remove them from my woodlot...I have found a friend on a farm in another town that can take them for now. I do plan on fighting this more but not in the foirm of a lawsuit ($4000.00 in fees is all I can afford and then some)> I will keep you posted if SEMA does anything about this.



Posted by: ford nut

Thats what happened to Dale... a guy I work with he had to clear them off his wooded lot in Le Sueur Mn.
But anything in his shed he could keep.
Sounds like they need more to do.
I wonder if someone was bitchin.



Posted by: mgawat

IMG]http://img.photobucket.com/albums/v639/mgawat/Atinquevehiclestorage.jpg[/IMG]



Posted by: mgawat

Just a quick note that I have been in touch with Jason Tolleson from SEMA who was in complete agreement with me that this action by the town is completely in conflict with the established State law. He assures me to try to bring as much legislative pressure to be sure this doesn't happen to the next guy (which is really all I ever cared about).





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