New Vehicle Law in NC

[rbentnail]

Thought I'd bring this up since so many out-of-state folks are coming to NC very soon.

A relatively new law passed by our general assembly requires that the state-of-issue on your license plate/vehicle tag be readable. If you have a frame, extra light, etc. that covers your issuing state name you may be:

- stopped and ticketed for that infraction alone,

- issued an additional infraction for that violation if stopped for something else,

- be forced to remove the obstruction before proceeding or leave your vehicle.

I hope no one has to deal with the LEOs but if you do, be warned.

 

[asdgirl]

Thanks for this! I just posted it on my Facebook page as most people I know on FB ride and/or are in NC more often than not (me included).

 

[Twigg]

That sounds like "random searching" to me, and it is a violation of Federal Law.

"Probable Cause" is established when you are pursued or stopped for a moving violation ... randomly checking isn't allowed.

IANAL.

 

[rbentnail]

Look, I'm just trying to help out the soon-to-be-visitors to NC coming to EOM. Local and state officials made a concerted effort thru various public media to educate the public as to the statute change to give everyone fair warning and the opportunity to correct the problem before it's a problem. I did what I thought was the right thing and paid it forward.

The rest of you who have turned it into some political bullshit argument or state-to-state pissing contest can kiss my Lilly white hairy ass

. You know who you are so start puckerin' fukkers.

 

[08FJR4ME]

Sorry if you think it is political, i am not sure how you come to that conclusion. Just stating facts.

https://aclum.org/alpr

 

[Ignacio]

Sorry if you think it is political, i am not sure how you come to that conclusion. Just stating facts.
https://aclum.org/alpr

Actually, it and other posts that were removed were both political AND threadjacking. The OP has cited a motorcycle specific law about NC. Last chance to keep it about that specific subject.

Thanks.

The Management

 

[garyahouse]

My GivI covers my plate when the front wheel is about 3 feet off the ground...

DOES THAT COUNT?

Gary

darksider #44

 

[SkooterG]

Thought I'd bring this up since so many out-of-state folks are coming to NC very soon.
A relatively new law passed by our general assembly requires that the state-of-issue on your license plate/vehicle tag be readable. If you have a frame, extra light, etc. that covers your issuing state name you may be:

- stopped and ticketed for that infraction alone,

- issued an additional infraction for that violation if stopped for something else,

- be forced to remove the obstruction before proceeding or leave your vehicle.

I hope no one has to deal with the LEOs but if you do, be warned.

I am surprised this is new to your state. Most states have a law on the books similar to this that is derived from Federal Motor Vehicle regulations. Most have verbiage like, "plate must be clearly visible to the rear". And yes, you can be stopped and ticketed for it if it is not. Of course that verbiage is overly broad and can be interpreted quite differently by different LEOs, agencies, and courts. Welcome to our justice system.

That sounds like "random searching" to me, and it is a violation of Federal Law.
"Probable Cause" is established when you are pursued or stopped for a moving violation ... randomly checking isn't allowed.

IANAL.

You sir are *completely* incorrect in everything you state.

 

[HotRodZilla]

Skooter is absolutely right. There's a reason license plate are so easy to read. Plates can be run randomly and for no reason, other than to run the plate. In addition, our system runs the registered owner and gives me that persons driver's license information, every time we run a plate. On top of that, our system tells us every agency that has run that plate in the last 10 days.

Probable cause is not needed to conduct a traffic stop. All that's needed is 'reasonable suspicion.' Probable cause to arrest is generated during the stop...If it's that kind of stop.

Like DWI. I see a car weaving and running stop signs. I have reasonable suspicion to believe the driver may be intoxicated or simply not paying attention. I stop the car and notice the odor of an alcoholic beverage, blood shot watery eyes, slurred speech and an open bottle of beer. I have the driver exit and perform Standardized Field Sobriety Tests. The driver's performance is indicative of an impaired person. Probable cause for a DWI arrest have been established, so drunk person goes to jail.

Rinse and repeat.

FWIW, if I can't run a plate because I don't know what state it's from, I'll stop the car to find out. The option to cite for an obstructed plate is mine. This is effective in every state I can think of. I'd bet NC just made a more specific addition.

 

[Fred W]

I don't see why you would want to obstruct the state name on your plate anyway, unless it is unintentional.

Do the "Iron Butt" plate frames obstruct any state names on plates?

 

[Ignacio]

I don't see why you would want to obstruct the state name on your plate anyway, unless it is unintentional.
Do the "Iron Butt" plate frames obstruct any state names on plates?

They are not frames. They are two-side plate backer and obstruct no part of a plate.

 

[Twigg]

That sounds like "random searching" to me, and it is a violation of Federal Law.
"Probable Cause" is established when you are pursued or stopped for a moving violation ... randomly checking isn't allowed.

IANAL.

You sir are *completely* incorrect in everything you state.

Utter rubbish, of course.

There are major civil liberties issues involved here. Indeed, in Boston even the cops thought the city plans were too invasive, causing Boston to put this on hold.

You need "reasonable suspicion of probable cause" to search records for motorists details. Cops cannot do this to "trawl" for offenders, because the 4th Amendment says so.

Go get an education:

https://www.aclu.org/blog/tag/license-plate-scanners

 

[Twigg]

I don't see why you would want to obstruct the state name on your plate anyway, unless it is unintentional.
Do the "Iron Butt" plate frames obstruct any state names on plates?

The IBA used to offer a "frame" and they may still. However, the plate backers sit behind the plate, so there are no concerns wrt this.

 

[Twigg]

Skooter is absolutely right. There's a reason license plate are so easy to read. Plates can be run randomly and for no reason, other than to run the plate. In addition, our system runs the registered owner and gives me that persons driver's license information, every time we run a plate. On top of that, our system tells us every agency that has run that plate in the last 10 days.
Probable cause is not needed to conduct a traffic stop. All that's needed is 'reasonable suspicion.' Probable cause to arrest is generated during the stop...If it's that kind of stop.

Like DWI. I see a car weaving and running stop signs. I have reasonable suspicion to believe the driver may be intoxicated or simply not paying attention. I stop the car and notice the odor of an alcoholic beverage, blood shot watery eyes, slurred speech and an open bottle of beer. I have the driver exit and perform Standardized Field Sobriety Tests. The driver's performance is indicative of an impaired person. Probable cause for a DWI arrest have been established, so drunk person goes to jail.

Rinse and repeat.

FWIW, if I can't run a plate because I don't know what state it's from, I'll stop the car to find out. The option to cite for an obstructed plate is mine. This is effective in every state I can think of. I'd bet NC just made a more specific addition.

No ... In the scenario you outline, what the cop has is "reasonable suspicion of probable cause" ... That is the standard required for a search under the 4th Amendment. It is not required for a stop for a road traffic citation, but having stopped you the cop cannot search your person or your vehicle.

They can run the plate, but they can only do so if they have cause to stop you in the first place.

Beyond this, however, is the more troubling aspect of scanning and recording of the movements of a vehicle. With these scanners installed in key locations, the police could track your movements nationwide, without cause and with no restrictions on how that information could be used later.

You don't want to be in the vicinity of a crime, on a blue motorcycle, when a blue motorcycle is used in a drive-by shooting, because you might find yourself having to prove you didn't do it.

 

[SkooterG]

That sounds like "random searching" to me, and it is a violation of Federal Law.
"Probable Cause" is established when you are pursued or stopped for a moving violation ... randomly checking isn't allowed.

IANAL.

You sir are *completely* incorrect in everything you state.

Utter rubbish, of course.

There are major civil liberties issues involved here. Indeed, in Boston even the cops thought the city plans were too invasive, causing Boston to put this on hold.

You need "reasonable suspicion of probable cause" to search records for motorists details. Cops cannot do this to "trawl" for offenders, because the 4th Amendment says so.

Go get an education:

https://www.aclu.org/blog/tag/license-plate-scanners

WTF are you talking about? I have been educated in these matters. I think it is you that needs one.

 

[Fred W]

OK, my mistake. I thought that I had seen some IBA plate frames in the past.

The CBA doesn't give you anything for your plate (what's up with that Carver?), so I'm not privy to these things with you hard(er) asses.

 

[SkooterG]

Yo HRZ. We got another roadside lawyer to edumecate us. Aren't we lucky.

 

[Twigg]

That sounds like "random searching" to me, and it is a violation of Federal Law.
"Probable Cause" is established when you are pursued or stopped for a moving violation ... randomly checking isn't allowed.

IANAL.

You sir are *completely* incorrect in everything you state.

Utter rubbish, of course.

There are major civil liberties issues involved here. Indeed, in Boston even the cops thought the city plans were too invasive, causing Boston to put this on hold.

You need "reasonable suspicion of probable cause" to search records for motorists details. Cops cannot do this to "trawl" for offenders, because the 4th Amendment says so.

Go get an education:

https://www.aclu.org/blog/tag/license-plate-scanners

WTF are you talking about? I have been educated in these matters. I think it is you that needs one.

Then you are hiding it well, and doing so in a rude manner that was quite uncalled for.

 

[Twigg]

Yo HRZ. We got another roadside lawyer to edumecate us. Aren't we lucky.

You are simply throwing your weight around now ... Deeply unimpressive for a guy who is supposed to be an arbiter of decency around here.

Yes, you are lucky someone is around to call you on it.

I'm getting that you don't like me ... The mistake you are making is in thinking I might care.