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-   -   Anyone deal with "unsafe vehicle" tickets? (https://www.ft86club.com/forums/showthread.php?t=85298)

_frs 03-23-2015 01:55 PM

Anyone deal with "unsafe vehicle" tickets?
 
Being on air suspension I feel I drive pretty low. Probably too low. Last night I got pulled over for driving too low deemed "unsafe". I told the cop I was on air suspension and proceeded to raise it up to stock. He said that was all well and good but if I get pulled over with it again I could receive an unsafe vehicle ticket, or even worse be towed and impounded.

Can this seriously happen when I can go back to stock height in 4 seconds?

Everything I have is DOT approved. What about the old style Lincolns? Or Metro buses? Air suspension is legal, so how can he threaten me with being impounded because I was driving low?

Any advice on how to get out/fight that kind of ticket or issue is appreciated.

Bobblehead 03-23-2015 02:02 PM

I personally feel like the cop was being a jerk.

Lawyering up and making note that your parts are DOT approved would probably be enough.

qoncept 03-23-2015 02:27 PM

The last time I got a speeding ticket I was doing 55 in a 45. I could have gotten below the speed limit in practically no time by pushing my brake pedal but I still got the ticket.

Turbo95eg6 03-23-2015 02:45 PM

Quote:

Originally Posted by _frs (Post 2181234)
Being on air suspension I feel I drive pretty low. Probably too low.

You're probably right, I would give you a ticket too. Stop driving so damn low.

sdemo 03-23-2015 02:58 PM

OP was born in the late 90s.

tahdizzle 03-23-2015 03:10 PM

OP it really doesn't matter what you "can" or "could" do.

Its what you did.

You were driving an unsafe vehicle. While moving, you were too low and "unsafe".
a good example is the speeding ticket example given in a prior post.

"Look officer; I can drive the speed limit." is never an excuse for what you actually did.

gramicci101 03-23-2015 03:14 PM

Who defines what "too low" is though? There should be an objective measurement requirement somewhere in some statute that says "Less than X inches of ground clearance is too low." Otherwise what authority would the ticket be based on?

Now, if his headlights were below the minimum height, that's different. Because there actually are rules detailing minimum and maximum height restrictions for headlights.

stugray 03-23-2015 03:14 PM

Although I hate the "draggin ass" look of super low cars:

HOW can being too low be an unsafe condition?
The only thing unsafe about it is that youre going to fuck up your car.

I dont see it being a hazard to anyone else unless you are also speeding and thrashing the car around.

DJCarbine 03-23-2015 03:21 PM

Quote:

Originally Posted by _frs (Post 2181234)
Everything I have is DOT approved. What about the old style Lincolns? Or Metro buses? Air suspension is legal, so how can he threaten me with being impounded because I was driving low?

If their bags were blown and they were slammed, that could also be considered "unsafe"

You car can easily exceed the speed limit, but if you do and get caught you can't blame the cars ability

murdoc 03-23-2015 03:23 PM

Now that you've gotten a warning, they can arrest you per 2800 CVC if they catch you doing it again.

If you get arrested, your car gets impounded.

DJCarbine 03-23-2015 03:26 PM

Quote:

Originally Posted by stugray (Post 2181357)
HOW can being too low be an unsafe condition?

I think it depends on local regulation, but there are lists of vehicle regulations for each state which can include frame height, laws against excessive lowering/raising, how far away the horn has to be heard, etc.

Just because it might not be unsafe doesn't mean that there is a law/regulation stating it as such

gramicci101 03-23-2015 03:38 PM

California has a maximum frame height restriction based on GVWR, but no minimum frame height restriction. The body of the vehicle needs to be within 5 inches of the frame. There are no bumper-specific height restrictions. VC 24008.5.

Headlights should be between 22-54 inches from the ground, VC 24400(a).

Fog lights should be between 12-30 inches from the ground, VC 24403(b).

I would be interested to know exactly what regulation he thought you were in violation of.

Burrcold 03-23-2015 03:42 PM

Quote:

Originally Posted by gramicci101 (Post 2181356)
Who defines what "too low" is though? There should be an objective measurement requirement somewhere in some statute that says "Less than X inches of ground clearance is too low." Otherwise what authority would the ticket be based on?

Now, if his headlights were below the minimum height, that's different. Because there actually are rules detailing minimum and maximum height restrictions for headlights.

California law does...

Lowered frame (or any other part) that is lower than the lowest point of the wheel rim (24008 VC).

Air and hydraulic suspension systems that are operated unsafely or with the vehicle lower than allowed (24002, 24008 VC).

gramicci101 03-23-2015 03:51 PM

Quote:

Originally Posted by Burrcold (Post 2181410)
California law does...

Lowered frame (or any other part) that is lower than the lowest point of the wheel rim (24008 VC).

Air and hydraulic suspension systems that are operated unsafely or with the vehicle lower than allowed (24002, 24008 VC).

Thanks, I didn't find those.


For 24008, if his car is lower than the lowest point on his wheel, I imagine it would be hard to drive at all, because it would be dragging on everything and throwing sparks. Fair enough.


That's not what 24002 says though.
Quote:

Originally Posted by CA VC 24002
24002. (a) It is unlawful to operate any vehicle or combination of
vehicles which is in an unsafe condition, or which is not safely
loaded, and which presents an immediate safety hazard.
(b) It is unlawful to operate any vehicle or combination of
vehicles which is not equipped as provided in this code.



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