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2009 10-14 DMV Investigators – First Visit to Dune Buggy Shop

On 10-14-2009, Officer William “Bill” Bralley and Officer Danny Williams made their first contact with Jake Davis at Va Dune Buggy.

Upon entering the dune buggy shop

  • Jake -  “how may I help you”
  • William Bralley – “I’m here to figure out what this “dune buggy nonsense is about.”

Officer Williams didn’t say much but Officer Bralley stated that “those dune buggies are not motorcycles” but was unable to produce a statute that gave some wording to that effect. Jake pointed out the state inspection sticker on his 650cc Sand Spider and explained the process where it was inspected and then titled.
Officer Bralley stated that he will be issuing a Cease and Desist Order For sales of “ATV’s” which will remain in effect until I receive a motorcycle dealers license. Jake informed William Bralley of a zoning meeting with Greene County Zoning and Planning:

  • Definition of ATV does not match the Joyner Vehicles
  • “Go Kart” is the closest definition
  • Go Kart sales do not require a business license
  • Go Kart sales do require B3 zoned sales location

 

 

2009 10-19 DMV Agent – Definitions found in VAC 46.2-100

October 19th, 2009 – 5 days from last visit

DMV SAIC William Bralley and DMV SA Danny Williams showed up at Va Dune Buggy.
Bralley indicated Virginia law describes Motorcycles as having 3 wheels or less but had no printout of the code section. He gave Jake instructions on how to find it on the internet on the Virginia State Police Web site because the definitions are unavailable on the DMV web site.
Bralley indicated that both vehicles should be parked but he “won’t take the tags at this time.”
With this new evidence, Jake agreed that the buggies should not be registered as “Motorcycles” and asked for help correct the titling errors.

2009 10-19 Madison DMV Refuses Error Fix

Earlier in the day, DMV SAIC William Bralley finally produced the location of written body style definitions. Jake was able to follow the directions and find VAC 46.2-100.

Jake drove to the Madison County Virginia DMV and requested a correction of the body style from Motorcycle. The clerks informed Jake that they were unable to make the changes and I should contact the titling department at the DMV in Richmond Virginia.

2009 10-28 DMV Agent Visit On Video

The camera was out in the open in front of DMV SAIC William Bralley who never took notes of evidence which proves innocence.
DMV investigators have made up “laws” and “policy” on the fly which is evident in these videos.

A few things Agent Bralley doesn’t know:

  • Jake has sold buggy parts to a number of customers with Joyner Dune Buggies Plated for street use in Virginia.
  • Jake’s friend Adam has a 2008 Carter 250cc Dune Buggy registered for street use in Greene County Virginia.
  • A former Joyner dealer located in South-West Virginia had a number of customers with Joyner dune buggies registered for street use.
  • Jake had previously registered an off-road motorcycle for street use with help from the DMV Titling Dept. in Richmond Virginia. He was told that a vehicle can be registered for street use if it passes a Virginia State Police Safety inspection for the body style.
  • A 4-wheel ATV, with handlebars and seat for single rider to straddle, was registered for street use as a Motorcycle by a Greene County resident without issue.



2009 10-30 Jake Clears C&D Order With DMV Director

Jake spoke with DMV Deputy Director Owsiak in order to settle the “motorcycle” dealership licensing issue. In around three minutes with three questions, Deputy Director Owsiak was able to ascertain that Jake’s business does NOT need a motorcycle dealers license as SAC Bralley’s Cease and Desist Order stated.

2009 10-31 Kevin Wilson Fills Out Reconstructed Vehicle Application

Kevin Wilson filled out the forms per DMV SAC Bralley. The application was submitted to fix the body style mistake from “Motorcycle” to “Dune Buggy.” The application was approved and $135 was paid for processing and inspection.

2009 11-02 Bralley Informed of Ex- Cease and Desist

November 2nd, 10:02am
DMV Agent William Bralley called Jake returning a phone message from a previous time. Jake asked Bralley if he had been informed about the lifting of the Cease and Desist Order which apparently was not the case. Bralley yelled he would call ME back and hung up.
12:09pm
Two hours later, Agent Bralley stormed into Jake’s dune buggy shop. With angry red face with vein popping in forehead, Bralley rudely grumbled that he “does not agree with the administrations decision on the Cease and Desist Order.” Then he made an ominous threat that I “had better watch out.” Jake asked agent Bralley that it was time for lunch and to please leave.

2009 11-02 DMV Deputy Director – Individual Can Plate 1 Dune Buggy

3:42 PM DMV Director Joesph Owsiak’s Response to Jake’s Email shown below
Your proposal must be submitted as a part of the legislative process. In addition, unless your are licensed as a manufacturer, you cannot legally convert more than one “dune buggy” for road use, and you cannot sell that one retail without a hearing to allow you to do so as a manufacturer, or appointing an existing licensed dealer as your franchised dealer (manufacturers are not permitted to sell retail in Virginia). joe


2:57 PM Jake Email to DMV Director Joesph Owsiak
Dear Mr. Owsiak,
It is my intention to introduce new wording for the Department of Motor Vehicles and the Virginia state police inspection process to clarify a class of vehicle commonly referred to as “Go-Cart”, “Go-Kart”, and “Dune-Buggy.”Many of these dune buggies get extremely high fuel economy, cost significantly less that a car, and are safer for highway use than a two or three wheeled motorcycle due to the increased stability afforded by the four wheel platform. Currently, a number of states allow the registration of these vehicles for street use. For example; Arizona registers them for street use as a “4-wheeled Motorcycle.” Virginia’s definition of “Motorcycle” includes a limitation of “three or less tires” which immediately places a Dune Buggy into the classification for a car. Classification as a car requires each buggy to be fitted with a large number of expensive and unnecessary components that are not required by motorcycles such as DOT glass windshield, windshield wiper and windshield defroster. It also requires the removal of four point and five point safety harnesses which often far exceed a standard DOT lap and shoulder restraint belt.Limiting the movement by use of a greater large surface area webbing afforded by racing harnesses will decrease the number of secondary injuries caused by the restraint system itself.
Dune Buggy – Street titled, simple vehicle with four wheels and a roll cage where the operator steers via a steering wheel, and uses control petals similar to a passenger vehicle. These shall be registered a “four-wheeled” motorcycle for administrative purposes such as titling, license plate, and inspection. A helmet is not required if the vehicle is equipped with a roll cage and safety harness. If no windshield is installed, the driver must wear adequate eye protection. A class “M” Motorcycle endorsement is not required.
Reasons to use this definition: Allows for a class of simple and economical four wheeled 1. vehicles for commuting. 2.Light weight and lower wind resistance will increase fuel mileage. Eliminating the requirement of a windshield will increase vehicle efficiency by reducing drag.3.The low center of gravity and four wheels provide for increased stability over motorcycles with two wheels and three wheels. 4.Requiring DOT safety belts would reduce the safety of these vehicles as they often come equipped with 4 and 5 point harnesses that far exceed DOT specifications. 5. Some dune buggies have impact resistant plastic windshields that are similar to those used on race cars. A “DOT glass” windshield is less impact resistant and thus a downgrade. Plastic windshields will scratch more easily than glass but that is covered in the state inspection process using the same criteria as glass. During an auto accident, a plastic windshield is less likely to cause injury to the vehicle occupants as well as affording similar protection used by race cars. 6.People with physical disabilities will be able to enjoy the motorcycle sensation in a stable seated position whereas riding on the back of a motorcycle may never be an option. 7.Due to the open nature of the vehicle, Law enforcement can observe more of the occupant’s actions than a standard vehicle. 8. Carrying groceries on a motorcycle isn’t really an option but can be easily done with a dune buggy. Overall top speed is generally far lower than larger production cars and thus speed infraction ratio, per vehicle class, should be lower. For example, a Joyner 650cc Dune Buggy has a maximum speed of around 60mph and an average fuel economy of 52 miles per gallon and costs approximately $7000 new. Thank you, Jake Davis 434-964-8001

2009 11-03 DMV EMAIL – Jake Called Wilson Buggy “Trike”

VIRGINIA DEPARTMENT OF MOTOR VEHICLES
Law Enforcement Services
Summary of facts supporting request
*****
Jake Davis made a false statement for the title and registration stating these four-wheeled vehicles were motorcycles. The clerks advised that Jake told them these vehicles were “Trikes”
Mr. Ron Morris. Commonwealth Attorney of Greene County, advised to revoke/cancel the documents and place criminal charges in this matter.


At no time would the word “Trike” be used by Jake for what he thought could be registered as a 4-wheeled motorcycle. The DMV Clerks were informed that the vehicles were dune buggies and had four wheels but had passed inspection as a Motorcycle. Current policy was to Plate it if it Passes.

2009 11-05 DMV SA Williams Informs Jake of Bralley Plot

Saturday, November 5th, 2009
DMV Special Agent Danny Williams came to the Va Dune Buggy Shop to inform Jake that SAIC Bralley is having him move forward with the charges for registration of buggies as motorcycles. He stated that he thought I am “getting a raw deal.” Jake speculated out loud that “my guess is that there’s money behind this” and Williams responded with a smile and a nod. (meeting supported by phone records)