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Hi Patrick,
I've been following this on the other lists. I've nothing constructive
to suggest other than I wish you the patience you will surely need in
order to deal with both the CHP and DMV. Good luck!
Patrick Hayes wrote:
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I belong to several Guzzi Topica lists. They all seemed to drop dead
this weekend. I wasn't getting any posts and the things I sent would
daemon back. Seems OK now. Other groups were fine, it was just the
Topica bunch. Their home page reported that "some" databases were being
reconstructed.
The following incident occured this weekend. I have created a HUGE
legal dispute between the CHP and the DMV over what to do in advance
with visiting tourist motorcyclists. I have tons of email from other
functioning lists. I have mails directly from CHP people who are
adamant about the law and absolute reversal information directly from
the mouth of the DMV. Its a shame everyone is hung on the "failure to
carry" issue. What is more important to me right now is the FUTURE
issue for someone who correctly carries their documents.
Please, I have been inundated with support and comment from the other
mail lists I use which have remained functional. I really appreciate
the support. Please don't start a rant diatribe. Please, if you have
something constructive to contribute I need facts or data as I pursue
this matter. See below:
This has been one very bad Guzzi day. As you may know, Dutch visitor
Paul van Hooff is currently touring from Alaska to Patagonia on an old
Guzzi V7 Special. I have been hosting him for a few days in the SF Bay
area. This morning we went out on a ride to go to Alice's Restaurant,
the local roadbike hangout in the SF Peninsula.
While traversing downtown Redwood City at limit, Paul was pulled over by
a CHP car. There was no driving infraction, the officer merely spotted
his Netherlands plate. I was in the lead and already through the
intersection, so I had to go up a block and make a U-turn. Regina was
riding with us and she and Paul pulled into a shopping center parking
lot as directed by loudspeaker.
I wasn't there, so I don't know how the conversation started, but within
two minutes I rejoined them. Regina was with Paul at all times so I can
assure you it was a congenial conversation. When I arrived Officer
Wakefield was in the process of pretty much tearing into Paul.
Apparently Paul had left ALL of his documentation back at my house when
he removed his pannier luggage for the day ride. We suggested that I
return home to fetch the documentation and Paul would wait until my
return. Officer Wakefield refused.
Officer Wakefield allowed me to go back home to fetch my truck and
trailer to tow Paul back to Fremont This was in lieu of arrest and
thirty day vehicle impoundment.
Now, here's my beef.
1: Paul was pulled over just out of curiosity because he had a foreign
plate.
2: Paul did NOT have his documentation. Not a big deal in Europe, but
a serious problem here in California. Yes, he was technically subject
to arrest and vehicle impoundment. Yes, Officer Wakefield was within
his rights had he done that and maybe struck us a favor by allowing the
tow home.
3: Officer Wakefield seldom allowed any of us to get a word in edgewise
for question, clarification, or understanding. He gave us �five
minutes� to decide if we were going to tow it or if he was going to
impound it. When I committed to the tow, he gave me �thirty minutes� to
get back here with the trailer. (Ahem, we're in Redwood City. The
trailer is home 25 miles in Fremont. Once I get the trailer I'm
restricted to a 55mph rate. Do the math.) I negotiated for ninety
minutes and he relented.
4: A second officer joined Wakefield and confirmed all of the things he
told us about vehicle registrations.
5: Here's the big one. BOTH of these CHP officers insisted that the
vehicle could not travel at any time in California unless it bore
CALIFORNIA REGISTRATION. I assured them he was on a multi-national tour
and passing through California as a visiting tourist for about ten days.
They both insisted the vehicle had to be registered in California and
it had to bear a California plate in order to do this. Officer
Wakefield said that was why I couldn't go home to fetch the
documentation. Even with all the documentation in hand, the motorcycle
was still illegal on California roads without a California plate. I
reported that I had hosted numerous foreign guests, some of whom had
been stopped for some violation, and California registration was never
an issue as long as they were completely documented. Both officers
insisted that such incidents must have involved local police as that
would not have happened in their jurisdiction or with a CHP officer.
6: Officer Wakefield informed us that he likewise lived in Fremont. (He
told me this when I wanted to negotiate for extra trailer time since
this residence made him aware of how long the drive should take me.) He
then proceeded to forewarn Paul by pointing his finger at him and
insisting that if he saw the bike on the street, even while he was off
duty, he would call one of his work associates to enforce the arrest and
the impoundment.
Now somebody please help me. I searched everywhere on the DMV internet
pages. Can't find any such regulation. I can't believe that a foreign
traveler going from Canada to Mexico has to do so by going AROUND
California. I have seen hundreds of RV's and motorcycles with foreign
plates on our highways. I can't believe that it is possible for someone
to get a vehicle registration who has no resident address in the state
and no work address in the state. I can't believe that I have hosted
numerous motorcycle tourists in my home with foreign plates who all
seemingly broke Officer Wakefield's law. I'm expecting twenty Italians
next month. Please don't tell me I have to make them turn around at the
border!
Paul is about to depart tomorrow for his next tour leg down through the
state towards Los Angeles and eventually Mexico. He admits it was
foolish to have forgotten his documents. I have since looked at his
documents and they are all in order, including the necessary
multi-language international translation permits. Most foreigners do
forget to obtain these translation supplements, but Paul does have them.
However, he is now seriously concerned about this registration issue
and the potential of his arrest and motorcycle impoundment before he
leaves California. Its a beautiful afternoon, but we're lying low at
the house. Paul won't be relaxed until he's a hundred miles down the
coast and out of Wakefield's reach. He'll be looking over his shoulder
all the way to Mexico. The big issue is the impoundment as they are
mandatory thirty days. Paul's visitor status, which started two and a
half months ago when he flew into Anchorage requires that he exit the US
into Mexico by August 1. If Officer Wakefield impounds the bike, the
calendar dates collide in a huge mess.
So much for the welcoming hospitality to California.
Patrick Hayes & Paul van Hooff
Fremont CA |
Regards,
Greg Bender
1971 Ambassador
2000 Quota
http://www.thisoldtractor.com/gtbender
Florida MGNOC website
http://www.thisoldtractor.com/fl_mgnoc
Minnesota MGNOC website
http://www.thisoldtractor.com/mn_mgnoc |