Virginia DMV sent this is a letter that was sent to the Governor, Senator Hanger, Rob Bell, the department of Transportation and a number of other agencies to discredit Jake Davis and sidetrack any investigation into DMV misconduct. Once this letter was received, the Governor’s office told Jake to “Call back when your convicted.”
6/18/10 – A Madison Virginia court found that Joyner Dune Buggies are in fact Dune Buggies and can be registered for street use.
Link to Article
Under the Code of Virginia §46.2-915.1, it is illegal to operate All Terrain Vehicles (ATVs) on any public highway except to cross it or on certain portions of the Pocahontas Trail in Buchanan County. The Department of Motor Vehicles (DMV) titles ATVs under §46.2-644.1 for ownership purposes only; but, under §46.2-679.1 and §46.2-915.1, does not register ATVs for highway use.
Trooper Parker sent his complaint on October 10th, 2009 but this “Typo” makes it more convienient to claim Jake Davis “Knew better but did it anyway.”
On October 1, 2009, the Virginia State Police (VSP) complained to DMV Law Enforcement Services that DMV was titling and licensing 4 wheel ATV’s as motorcycles and one of their safety inspection stations had issued a safety inspection sticker as a motorcycle.
Sage McGirk attempted to register his Dune Buggy as a “Dune Buggy” on 9-12-09 at the Charlottesville DMV Customer Service Center. At no time was “Motorcycle” mentioned. Kevin Wilson’s buggy was
titled as a Motorcycle on 10-9-09 for which the title was printed by the manufacturer on 10-05-09 so it couldn’t have been used in an attempt at registration on this date. Jake’s dune buggy was registered as a 4-Wheeled Motorcycle on 6-28-09 at the Madison DMV.
The DMV investigation initially revealed that Jake Davis attempted to title and register two ATV’s as motorcycles at a DMV Customer Service Center and was told he could not do that.
Jake titled and registered his personal DUNE BUGGY as a 4-Wheeled motorcycle after it passed a State Police Safety Inspection sticker as a Motorcycle. He told the DMV clerk that it is a dune buggy and that it had passed the inspection which was substantiated by the pink inspection slip.
Jake delivered paperwork to the Madison DMV on 10-9-2009 for his friend Kevin Wilson to register a buggy as a Motorcycle.
Jake Davis did illegally title and register the ATV’s as motorcycles at a DMV Select knowing he was not supposed to do so.
The Madison DMV clerks processed an application for Kevin Wilson’s dune buggy as a 4-Wheeled Motorcycle at the same time as Buddy Testerman’s as a “Dune Buggy” and the clerks were clearly informed that both had 4-wheels.
The DMV Select clerks stated that Jake Davis specifically lied to them about the vehicles having only 3 wheels.
Jake’s dune buggy legally passed a Motorcycle State Police Inspection on 6-18-2009
It was titled and tagged as a 4-wheeled “Motorcycle” TEN days later on 6-28-2009
Jake contacted State Trooper Parker, State Police Safety Inspections, on 10-8-09 to establish guidelines for inspections of dune buggies and 4-wheeled motorcycles. At Jake’s request, Trooper Parker contacted the DMV on 10-10-09 to make sure we were going about this properly.
Jake Davis took the ATVs to a safety inspection station that did issue a safety inspection sticker because he had the erroneously issued motorcycle registration. That safety inspector did call VSP about the problem who then contacted DMV. DMV canceled and picked up the illegal MC registrations. This situation prompted DMV and VSP to issue the attached position papers on not registering any vehicles originally manufactured for off road use only for use on the highway.
Jake Davis only sold 5 vehicles to Virginia Residents prior to his 12-21-2011 Trial:
Sage McGirk, Kevin Wilson, Buddy Testerman, Tim Worrel, Bill Price
DMV seems to have completely fabricated the “7 more of these ATV’s for various customers” in order to sidetrack various agencies investigation into the issue.
DMV has just discovered that Jake Davis also illegally titled and registered at least 7 more of these ATV’s for various customers as passenger vehicles with a dune buggy body style.
The dune buggy body style was an administrative description used for passenger vehicles manufactured for highway use that were reconstructed as dune buggies.
The manufacturer will print the MCO with “All-Terrain Vehicle”, “Dune Buggy”, or “Multi-purpose Vehicle” as the body type.
The vehicles that Mr. Davis is selling have manufacturer’s certificates of origin that clearly state “all terrain vehicle” that are “for off road use only.” The cover of owner’s
manual clearly states, “FOR OFF-ROAD USE ONLY. This vehicle is designed and
manufactured for off-road use only. It does not confirm to federal motor vehicle safety
standards, and operation on public streets, roads, or highways is illegal.”
These ATV’s do not meet federal safety standards for highway use.
Greene County Zoning identified the vehicles as “Go-Karts” prior to DMV involvement. DMV also removed a cease and desist order “for sales of ATV’s” by Jake Davis because the vehicles are exempt for dealers license as “Go-Karts.”
Jake Davis argues that these are not ATVs because §46.2-100 defines ATVs as “generally characterized” by “a seat designed to be straddled” and “handlebars for steering.” He has stated these are “go-carts” and so are not included in the ATV definition.
Both DMV and VSP determined that Jake Davis is selling ATVs. Under §46.2-644.l, these ATV’s must be titled for ownership purposes, but cannot be registered for use on the highway as explained above.
Page 1
Jake went to the Culpepper Virginia Customer Service center and talked to the manager to find policy on registration of off road vehicles for street use. This conversation was recorded and all mention of this visit was put to rest after Jake gave the recording to his lawyer.
Jake Davis has been repeated advised that he cannot register these ATVs and as recent as
February 26,2010, he was still attempting to obtain such illegal registrations from DMV
customer service centers.
Mr. Davis has two felony charges pending trial in Greene County for §46.2-105.2, obtaining documents from DMV when not legally entitled, as advised by the Greene County Commonwealth’s Attorney. Further such charges may be brought for the additional ATV’s he has obtained passenger vehicle dune buggy body style titles and registrations for.
DMV Internal Investigations closed the complaint against William Bralley months prior to trial. Conveniently, No investigators were at the trial.
Jake Davis did file a complaint against DMV Special Agent in Charge William Bralley on November 10, 2009 alleging false arrest. This was referred to the DMV Special Investigation Unit on November 16. The complaint investigation has not substantiated Mr. Davis’s allegations and remains open pending completion of the ongoing criminal investigation Jake’s illegal titling and registration of ATV’s he is selling.
Jake Davis should be informed that the vehicles he is selling are ATV’s that cannot be legally registered or used on public highways in Virginia and he should comply with the law.