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Mr Gear challenges CoP & T. C. over Tint Pg. 5

this is how we do it.......

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AbstractPoetic
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Postby AbstractPoetic » March 27th, 2009, 7:26 pm

Mr Gear wrote:So if you're a police office or Licensing Officer for that matter and you attempt to breach the law and over step your boundry you could be facing the loss of your personal assets.


Police officers and Licensing Officers cannot be held personally liable for "breaching the law" because their actions were and are being legally allowed by the State/government.

However, if you are assaulted during inspection, you might have a chance of presenting your case in court and winning.

It's a stretch to say they are stepping over their boundaries when the government eliminated such boundaries. There are no set boundaries when it comes to tint removal.

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Postby Mr Gear » March 28th, 2009, 11:55 am

AbstractPoetic wrote:It's a stretch to say they are stepping over their boundaries when the government eliminated such boundaries. There are no set boundaries when it comes to tint removal.


AP you disappoint me. You of all people.

You've ignored a basis tennant - separation of powers between the state and judiciary. Even if the Government allows something, the judiciary can punish for breaching the law. The police are supposed to enforce the law i.e. actual legislation not someone's opinion of what legislation should be in place, be it Government or Prime Minister.

So if the Police are out enforcing non-existant "law" they will be liable for their action in their official capacity and in their personal capacity.

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Postby AbstractPoetic » March 28th, 2009, 12:01 pm

Mr Gear wrote:
AbstractPoetic wrote:It's a stretch to say they are stepping over their boundaries when the government eliminated such boundaries. There are no set boundaries when it comes to tint removal.


AP you disappoint me. You of all people.

You've ignored a basis tennant - separation of powers between the state and judiciary. Even if the Government allows something, the judiciary can punish for breaching the law. The police are supposed to enforce the law i.e. actual legislation not someone's opinion of what legislation should be in place, be it Government or Prime Minister.

So if the Police are out enforcing non-existant "law" they will be liable for their action in their official capacity and in their personal capacity.


By boundaries I reference what is seen as obscure.

The legislation allows for individual definition of what is to be defined as obscure tint.

Using the same article that you previously made reference:

"local laws give no precise definition of what is a legal tint and rely on police officers' judgment of what is too dark"

No set boundaries by the state.

By extension, this is a reflection of there existing no set boundaries by what actions are legally allowed by the police.

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Postby Computerman » March 28th, 2009, 3:30 pm

Mr Gear wrote:Computerman, I'm not sure that they have the power to impound your vehicle but they threaten you with that for you to consider the inconvenience of it all. They have the wreckers there to intimidate the public.
I stand corrected. You are indeed correct. All they can legally do is take your information (do with it whatver they choose) and issue the ticket.


The following is in no way relevant to anything we are discussing... purely FYI:
Part V, Section 75:
Any person who, without the knowledge or permission of the owner, gets into or attempts to manipulate any of the levers, the starter, brakes or machinery of a motor vehicle, or in any way interferes with or damages a motor vehicle while the vehicle is on a road or parking place, is guilty of an offence; but a person shall not be convicted under this section when such a motor vehicle is obstructing his own or another motor vehicle.

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Postby bunny » March 28th, 2009, 9:35 pm

part v sec 75. thats why they ask you to remove it. if you refuse and instead tell them to remove it :twisted: :twisted: they cant do anything except write the damn ticket. or attempt to violate your rights when you oppose them...this is why you have to ask yourself if its worth it..unless yuh have realtime and money to deal with it after.

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Postby Dj_Bee » March 29th, 2009, 9:59 am

So where can i get a copy of the MV & RTA in central?

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AbstractPoetic
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Postby AbstractPoetic » March 29th, 2009, 10:09 am

Dj_Bee wrote:So where can i get a copy of the MV & RTA in central?


It is also available online for printing.

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Postby bluesteel29 » March 29th, 2009, 10:13 am

AP....aye gyul....ah need a list of all the illegal drugs in trinidad, can u suply?
:? :? :? u do know slavery days r ova :?

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Postby tr1ad » March 29th, 2009, 10:16 am

james brown ftw!

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AbstractPoetic
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Postby AbstractPoetic » March 29th, 2009, 10:23 am

bluesteel29 wrote:AP....aye gyul....ah need a list of all the illegal drugs in trinidad, can u suply?
:? :? :? u do know slavery days r ova :?


Really?

I can happily challenge you to that statement, but, not in this thread.

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Postby bluesteel29 » March 29th, 2009, 10:31 am

:lol: :lol: :lol:
i serious bout the list tho.
its ok...i know better than to challenge AP...:wink:

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Postby Dj_Bee » March 29th, 2009, 3:51 pm

AbstractPoetic wrote:
Dj_Bee wrote:So where can i get a copy of the MV & RTA in central?


It is also available online for printing.


Got a link?

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Postby silver racer » March 29th, 2009, 4:11 pm


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Postby megadoc1 » March 29th, 2009, 10:21 pm

AbstractPoetic wrote:
bluesteel29 wrote:AP....aye gyul....ah need a list of all the illegal drugs in trinidad, can u suply?
:? :? :? u do know slavery days r ova :?


Really?

I can happily challenge you to that statement, but, not in this thread.
lol @ slavery when did that end?

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Postby JoKeR1980 » September 7th, 2009, 8:12 pm

bumping this cuz we may need it soon!

*bump*

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Postby vin123 » September 7th, 2009, 9:39 pm

JoKeR1980 wrote:bumping this cuz we may need it soon!

*bump*


true, plus it'll be easier for me to find when i make a post 8-)

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Postby topshotta20 » September 8th, 2009, 10:49 pm

.......................................................X2
Last edited by topshotta20 on September 9th, 2009, 6:18 am, edited 1 time in total.

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Postby V2NR 3.0 » September 14th, 2009, 3:12 pm

lovely - count me in as well

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Postby TOIZ WIT NOIZ » September 14th, 2009, 3:51 pm

bump

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Mr Gear
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Postby Mr Gear » September 14th, 2009, 4:52 pm

Folks, its a totally new game now. There is actully going to be a fixed penalty. This implies that the regular police constable can charge you not just Licensing Officers. You're gonna need a new thread, this stuff is totally new so new strategies will have to be adopted.

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Postby JoKeR1980 » September 14th, 2009, 5:19 pm

........ :faint: :shock:

we ded...even my 35% will get strip now...

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Postby V2NR 3.0 » September 14th, 2009, 7:48 pm

Mr Gear wrote:Folks, its a totally new game now. There is actully going to be a fixed penalty. This implies that the regular police constable can charge you not just Licensing Officers. You're gonna need a new thread, this stuff is totally new so new strategies will have to be adopted.


Lead us !!

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Postby Cjruckus » September 14th, 2009, 8:39 pm

Needs more Data DOtZ

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Postby nes123 » September 14th, 2009, 11:18 pm

so if I have lets say 50% on my front windscreen and you can see inside..am I going to be fined?putting the illiteracy of our TTPS aside :?

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Re:

Postby Computerman » December 26th, 2011, 5:40 pm

Mr Gear wrote:Folks, its a totally new game now. There is actully going to be a fixed penalty. This implies that the regular police constable can charge you not just Licensing Officers. You're gonna need a new thread, this stuff is totally new so new strategies will have to be adopted.

I was discussing these and other issues with my attorney on Chrismas. He was saying we would probably not win these types of cases anymore in the Magistrates court.
So we screwed?

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