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2009 06-18 Four-Wheel Motorcycle Inspection

Jake Davis took his 2006 Joyner 650cc Sand Spider Dune buggy to Lawson Enterprises for Inspection. Mark Lawson had no knowledge of Virginia law limiting motorcycles to three wheels or less.

Mark Lawson: “I’m not going to loose my inspection license”
Jake Davis: “Don’t do many any favors by passing it if it doesn’t really pass.”

Mark and Jake both read through the entire inspection manual looking for anything that would fail the vehicle for a motorcycle safety inspection. The vehicle was put up on the lift and all of the suspension was checked similar to a car inspection. The dune buggy passed the Virginia State Police Motorcycle Safety Inspection without a fault and was issued a valid motorcycle inspection sticker.

Valid 4-Wheel Motorcycle Inspection Sticker

4-Wheel Motorcycle Safety Inspection Sticker

The inspection sticker remained valid until it’s expiration on 7-1-2010. No discipline action was take on Mark Lawson for issuing the Motorcycle Inspection Sticker for a 4-Wheeled Motorcycle.

2009 06-18 Madison DMV – No BOS

June 18th, 2009
Earlier in the day, Lawson Enterprises did a full inspection on Jake’s dune buggy and found that it passes a Virginia State Police inspection as a “Motorcycle.” At the Madison DMV, Jake presented the title, a picture, and the DMV inspection slip to ask how to obtain license plates for my Joyner 650cc Sand Spider. He was told to fill out the VSA-17A and put Motorcycle in the body style box. While I was filling out the forms in the seating area, the clerk made a phone call as well as help 2 other customers.
Jake had filed for Arizona title and license plates the Joyner 650cc Sand Spider’s through Team Joyner USA (the manufacturer). The DMV Clerk informed him that a Bill of Sale was necessary even though the Arizona title was already in the name of Jake Davis. She told him to return with a bill of sale and they would process the application.
Note the date of signature on VSA-17A was 6-18-09 but the processing stamp was 6-26-09.

Original AZ Title Already Registered to Jake Davis

Side 2


On this visit to the DMV, Jake was going to get “LUV MUD” on the plate.

4-Wheel MC Application Front

VSA-17A - Davis Buggy as M/C

2009 06-26 Jake’s Buggy Plated as Motorcycle @ Madison DMV

Jake returned to the Madison DMV with the documents specified on 6-18-2009:

  1. Virginia State Police Safety Inspection Receipt as 4-Wheel Motorcycle
  2. Bill of Sale from previous owner
  3. Arizona Title
  4. VSA 17A filled out on 6-18-2009 at Madison DMV
  5. Proof of Insurance (Progressive had no problem with a 4-wheeled Motorcycle)

Jake continued with the application for title and license plate started on 6-18-2009 where he was rejected because an Original Bill of Sale was required. At this visit, Jake decided to go with “MUDDIN” rather than “LUV MUD” as the customized license plate which is proof that the DMV Clerk knew it was a dune buggy.

VA Street Title as M/C


Jake was issued a title and license plate for his dune buggy as a 4-wheeled “motorcycle.”


Arizona Street Plate

Original AZ Title


4-Wheel Motorcycle Application

Madison DMV Teller Stamp indicated 6-18-09 as the date which was marked on first visit.

VSA-17A - Davis Buggy as M/C


Valid 4-Wheel Motorcycle Inspection Sticker

4-Wheel Motorcycle Safety Inspection Sticker

Inspection Passed as 4-Wheel Motorcycle

2009 09-12 CVille DMV – Sage and Jake

Dune Buggy Registered By Sage McGirk

Saturday, September 12th, 2009
Sage McGirk  was at VaDuneBuggy on this  Saturday morning.  Sage was excited that his  dune buggy was finally ready and begged his close friend Jake to accompany him to the DMV. The only DMV open on a Saturday was on Pantops Mountain in Charlottesville Virginia which was a 45min drive and closed at noon. Reluctantly Jake agreed because he was familiar with the Charlottesville CSC tendency to have VERY long lines and unfriendly tellers.

At the reception desk, Melissa Bishop gave Sage various forms to fill out including the VSA-17A application for title. Sage filled out his papers and realized he had forgotten his bill of sale. Jake wrote one up on the back of a business card while they were seated.

After waiting for hours,  Sage’s number was finally called and Melissa Bishop took his paperwork. She saw that the MCO had “ATV” as the body style and took the paperwork into the back area. Upon returning, she read part of VAC 46.2-100 stating:

“All-terrain vehicle” means a three-wheeled or four-wheeled motor vehicle powered by a gasoline or diesel engine and generally characterized by large, low-pressure tires, a seat designed to be straddled by the operator, and handlebars for steering that is intended for off-road use by an individual rider on various types of unpaved terrain.

Sage showed a picture of his dune buggy to DMV Clerk Melissa Bishop. She said the definition didn’t fit and agreed that the vehicle was a dune buggy and started typing on her terminal. She said she started typing in “Dune Buggy” as a body style and it came up before she even finished typing. Melissa Bishop then continued processing the application.

Bill of Sale Rejected @ Cville DMV

Melissa Bishop asked for payment of $310.05 as well as a copy of his Bill Of Sale. Sage the one on the back of a Va Dune Buggy Business card and she took it down the hall. Returning, she stated that her “manager wouldn’t allow her to accept that as a proper Bill of Sale.” She went on to tell Sage that if it was a “Used” vehicle, a hand written Bill of Sale would be adequate but because he listed the condition as “New”, regulations stated that the bill of sale must be an official sales receipt on company letterhead. She returned the forms to Sage telling him to come back Monday with a BOS on letterhead and they will finish the processing. Sage indicated that he lives in FairFax and the only reason he came to the Charlottesville DMV is because it is Saturday. Sage pointed out that his address on the VSA 17A showed FAIRFAX and there’s no way he can come back on Monday.
Jake offered to deliver the paperwork to Madison DMV on Monday with the proper bill of sale on letterhead and she said that would be fine and told me to make sure I filled out a power of attorney form. Sage and Jake left the Charlottesville DMV.


Body Style "Dune Buggy"

Notice that the front of Sage’s application for title shows “Dune Buggy” as the body style.


Rear of Title Application

On the rear of the application you can clearly see Melissa Bishop’s stamp as “Paid #…”, “SEP 12 2009″, “CHV-612″ which has been crossed out by the Madison CSC clerk who replaced it with her own stamp.
Sage McGirk’s signature fills the “Signature of Applicant” block on the VSA-17A.


Melissa Bishop Affidavit

Affidavit/Statement
Melissa Bishop – Charlottesville DMV Clerk
Refers to Sage McGirk’s visit to the Charlottesville DMV on 9/12/09.


June 18th, 2010 – Preliminary Hearing
Jake Davis appeared before Judge Braxton. Commonwealth Attorney George Web put statement on record that “The Commonwealth concedes that the buggies are in fact dune buggies even though the MSO says ATVs and can be registered for street use through the specially constructed or reconstructed vehicle process.”
Judge Braxton dismissed the two felony charges of providing false statements to obtain a DMV document in the case of Sage McGirk’s paperwork.

2009 09-14 Sage Buggy Registered Madison DMV

On Monday, September 14th, 2009, Jake printed out another copy of Sage’s Bill of Sale and delivered the paperwork to Madison’s DMV to complete the processing. The clerk scratched out Melissa Bishop’s stamp on the rear of the VSA 17A and asked why the transaction had not been continued at the Cville CSC. Jake showed her the old BOS on the Business card and the new one and told her about Sage forgetting his Bill of Sale. The Madison CSC clerk said that “Dune Buggy” popped into the field and continued with the transaction.

Body Style "Dune Buggy"

Rear of Title Application

2009 10-05 Wilson Buggy Purchased From Joyner

Jake Davis paid $8000 to Team Joyner USA to purchase Kevin Wilson’s dune buggy. On factory owned vehicles, the manufacturer sends the vehicle title once payment is made.

Receipts Dated 10-05-09


Email From Jake Davis to Chaucei Prichard (Team Joyner USA titling Department.)

Hey Chauncei,
I made a deposit today of $8000 into the team joyner bank account. Can you please overnight the title for this buggy as it sold this weekend and I would like to process the paperwork ASAP.
2009 Sand Viper – Black, Vin#: L5BG1LT6391022081,Please have it sent to:
Va Dune Buggy,13307 Spotswood Trail,Unit #9, Ruckersville, VA 22968
Please sign to allow the driver to leave it should I not be there.
Thank you,
Jake

2009 10-09 Madison DMV – Wilson and Testerman Buggies

Returned to DMV Madison with VA power of Attorney forms signed by Kevin Wilson and Buddy Testerman. The two sets of forms were presented to the DMV clerk.


Kevin Wilson registered his 2009 Joyner 800 Sand Viper as a 4-wheeled motorcycle with custom license plate “ST LGL” which was still available from the previous visit on 10-7-2009.

Wilson Buggy Registered as Motorcycle


Wilson Buggy Originial Title Created 10-05-09


Sand Viper as 4-Wheel Motorcycle


Buddy Testerman registered his 2008 Joyner 650 Sand Spider as a Dune Buggy.

650cc Sand Spider Dune Buggy

2009 10-10 Trooper Parker Safety Inspection Meeting

Jake Davis contacted State Trooper J.C. Parker (434-220-8047) on 10-9-2009 about buggy inspection as 4-wheeled Motorcycle and Dune Buggy.
10-10-2009
Trooper Parker came into Va Dune Buggy to discuss dune buggy registration. He noticed Jake’s 650cc Sand Spider was Tagged and Inspected as a motorcycle and asked who inspected it. Jake and Trooper Parker discussed that Mark Lawson (DMV inspector) had performed the inspection and I read through the DMV inspection manual in an attempt to find something that would suggest a 4-wheeled buggy could not be registered as a Motorcycle. Officer Parker indicated that he didn’t think a 4 wheeled vehicle could be registered as a motorcycle. Jake asked for assistance in finding out the actual law and correcting the mistake if necessary. Parker said that he would contact DMV and they would make the determination.

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.