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#1394402 - 07/04/09 10:20 PM Re: You ever know this? [Re: B.D.]
showmehorns
16 Point


Registered: 10/23/02
Posts: 15917
Loc: usually in the woods

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 Originally Posted By: Brian Dunigan
Showmehorns, back off.

Somebody asked if the ticket would hold up in court. By the terms of the statute, yes, it would. No BS there.

bd


Back off?

By one of your first post on this thread, you sure didn't act like the Commission should amend the law. You were in their favor, and ACTED like the ticket was justified. Flip flop, back and fourth, round and round. You can't get away with it all the time, Brian.

So, let me get this straight, you would be for the Commission amending this law? Or should they put a extra officer on every lake and river to issue tickets for floating on tubes and floats?Is it a waste of time or not?
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#1394507 - 07/05/09 06:09 AM Re: You ever know this? [Re: B.D.]
Radar
Non-Typical


Registered: 08/19/01
Posts: 31145
Loc: Kansas City, Mo.

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 Originally Posted By: Brian Dunigan
 Originally Posted By: Radar
I didn't see the definition of a vessel in that quote .




Repeating myself. That brings us back to the "vessel" definition discussed above.

Tenn. Code Ann. § 69-9-204:

 Quote:
(28) “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water


http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode

If you read the article in the very first post, the TWRA officer explains:

 Quote:
Vessel means every description of watercraft other than a sea plane on the water used or capable of being used as a means of transportation on the water.”


Is it starting to come together yet?

bd




My point is the fact that most boaters read the frickin' boating regs. , not the Tenn. code !!!!!!!!!!!!!!!!!!!!!!!!! Is it soaking in yet ? In the person's defense , he can refer to the boating regs. that do not state the same definition . I rest my case . \:\)
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#1394519 - 07/05/09 07:03 AM Re: You ever know this? [Re: Radar]
jakeway
TnDeer Old Timer
10 Point


Registered: 11/22/99
Posts: 3563
Loc: Hendersonville, TN, USA

Offline
Hi guys. I missed this little discussion yesterday.

A few years ago my dad had a similar situation; he was ticketed for breaking the letter of the law in the code, but the regulation book was poorly written and misleading. The judge let my dad go, and told the commission to change the wording in the next edition of the regulations.
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#1394571 - 07/05/09 09:12 AM Re: You ever know this? [Re: jakeway]
Bambino
Spike


Registered: 12/14/07
Posts: 66
Loc: Roane,TN

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Could the guy simply say he was swimming and using the tube as a flotation device?
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#1394719 - 07/05/09 12:21 PM Re: You ever know this? [Re: B.D.]
Dr. Dickel
12 Point


Registered: 11/22/02
Posts: 5153
Loc: Hockins County

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 Originally Posted By: Brian Dunigan

I wonder if the guy who got the ticket was creating a disturbance and the PFD ticket was the easiest citation to write. Sometimes being a butt can earn you a ticket for things that would be overlooked otherwise.

bd

The fellow that got the ticket is a good guy and captain of a volunteer fire department here....so I don't think so. He was on an outing with his family on a stretch of water that is no deeper than 4 feet. Any adult, or child if that matters, over 5 feet tall can walk across it at any point and not get their chin wet.
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#1394759 - 07/05/09 01:22 PM Re: You ever know this? [Re: Dr. Dickel]
go_okfishin
6 Point


Registered: 12/14/03
Posts: 661
Loc: Bellevue

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3. pl. watercraft -·craft′ any vehicle ordinarily used for water transportation

or·di·nari·ly (ôrd′'n er′ə lē)

adverb

1. usually; as a rule

Webster's New World College Dictionary Copyright © 2005 by Wiley Publishing, Inc., Cleveland, Ohio.
Used by arrangement with John Wiley & Sons, Inc.

Is an innertube ordinarily used for water transportation?:)
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#1394823 - 07/05/09 02:47 PM Re: You ever know this? [Re: go_okfishin]
B.D.
8 Point


Registered: 03/24/08
Posts: 1484
Loc: Hendersonville TN

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If the statute said "ordinarily" instead of "capable of being used," I'd agree with you.

bd

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#1394826 - 07/05/09 02:49 PM Re: You ever know this? [Re: Dr. Dickel]
B.D.
8 Point


Registered: 03/24/08
Posts: 1484
Loc: Hendersonville TN

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 Originally Posted By: Dr. Dickel
The fellow that got the ticket is a good guy and captain of a volunteer fire department here....


That will definitely help his odds of this turning out in his favor.

Sounds like you know the guy involved. Let us know how it turns out.

bd

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#1395255 - 07/05/09 08:48 PM Re: You ever know this? [Re: B.D.]
Dr. Dickel
12 Point


Registered: 11/22/02
Posts: 5153
Loc: Hockins County

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 Originally Posted By: Brian Dunigan
 Originally Posted By: Dr. Dickel
The fellow that got the ticket is a good guy and captain of a volunteer fire department here....


That will definitely help his odds of this turning out in his favor.

Sounds like you know the guy involved. Let us know how it turns out.

bd
This is where I have a problem, with lawyers and the law alike. Why should it matter that he is a fine, upstanding member of society? And why, if it really is a law, that it could publicly be announced that the officer knew that others were in violation and only one would be fined?

Kind of like pulling over 10 bikers in a group doing 80MPH in a 40MPH zone and just giving one a ticket.

Talk about HR issues of discrimination!
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#1395720 - 07/06/09 06:24 AM Re: You ever know this? [Re: Dr. Dickel]
Radar
Non-Typical


Registered: 08/19/01
Posts: 31145
Loc: Kansas City, Mo.

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 Originally Posted By: Dr. Dickel
 Originally Posted By: Brian Dunigan
 Originally Posted By: Dr. Dickel
The fellow that got the ticket is a good guy and captain of a volunteer fire department here....


That will definitely help his odds of this turning out in his favor.

Sounds like you know the guy involved. Let us know how it turns out.

bd
This is where I have a problem, with lawyers and the law alike. Why should it matter that he is a fine, upstanding member of society? And why, if it really is a law, that it could publicly be announced that the officer knew that others were in violation and only one would be fined?

Kind of like pulling over 10 bikers in a group doing 80MPH in a 40MPH zone and just giving one a ticket.

Talk about HR issues of discrimination!



I agree .
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