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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 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 11-05 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)

2009 11-09 Jake Davis Arrested – 2 Felony Charges – Greene, VA

Charged with:
1 Count VAC 46.2-105 for Jake’s personal Buggy registered as a 4-Wheel motorcycle on 6-26-2009
1 Count VAC 46.2-105 for delivering Kevin Wilson’s buggy registration as a 4-wheel motorcycle on 10-09-2009

2009 11-10 Jake Files Complaint Against Agent Bralley

Jake received a call from Don Boswell in regards to the charges. He indicated that there is nothing in Bralley’s report about:

The conversation between SAIC Bralley and Deputy Director Owsiak.
A state inspection sticker being issued prior to registration.
I complied with the Cease and Desist order until Bralley Owsiak lifted it

Don Boswell
Indicated that he hadn’t contacted me back because he assumed I was just another Green county complainer about issues with the “Sim’s” case. Jake had just heard about it and had not had a chance to read about the previous “issues” so he didn’t comment back.
Mr. Boswell said he would be calling back on 11-11-2009 with more details

2009 12-03 DMV Titling – Reconstructed Vehicle Application Approved – $135 Paid

Kevin Wilson’s specially constructed vehicle application was approved by Ms. Davis in the DMV titling department. Payment of $135 was charged for fees and inspection.

2010 03-05 Response to Senator Requested

Our friend <b>************</b>
Can you please have someone draft a response for the Senator. Also, Don please look inot the allegations against Special Agent Bralley, I need this information asap.
Thank you so much.
Vivian
Vivian Cheatham
Executiv Office
Department of Motor Vehicles
804-367-6606
Vivian.Cheatham@dmv.virginia.gov
>>> <district24@senate.virginia.gov>3/5/2010 11:03 AM >>>
Vivian, hello. Senator Hanger got the following email. Can you (or someone at DMV) give us some background so that we can draft an appropriate response please?
Basically, we need to know if what the gentlemen says is accurate. And if there is any appropriate action the Senator can take to address his concerns.
Thanks so much! Holly
Holly Herman, Legislative Aide
*************See Jake Davis – Email to Senator Hanger 2/26/2010 7:09PM ***************************

2010 03-09 Testerman Dune Buggy Plates Canceled

Upwards of 5 police officers were seen “searching” Mr. Testerman’s property for the dune buggy.