Tube Fendah Questions

[Widow Maker]

Ok I want to throw my 5 cents in here.

I happen to chance upon a backdated copy of Peterson's 4 Wheel & Off Road Dated October 2010. One of the topics was Lift Laws for the Northeast starting on Page 52. The mag gave a couple of websites by state as to Lift Laws/Equipment Violations. I went on this site for MA General Law Chapter 90 www.mass.gov/legis/laws/mgl/gl-90-toc.htm - searched for an hour and I was unable to come up with any info regarding fender requirements (and lights as well).

There is also a site for ongoing legislative updates online at LiftLaws.com which I researched as well for the state of MA and I quote under Fenders: "MA law lacks any information on fenders or mud flaps". As for Lights: "At least two headlights and two tail lights are required in MA. It is unclear if auxiliary lighting is allowed".

This post is not in any way shape or form to discredit anybody's testimony, however, I'd like to see a WRITTEN Law produced where it says these tube fenders are illegal. If they can produce such a document - I'll be more than convinced. If not, perhaps there will be a pair for me under the tree from Santa.

[Widow Maker]

And I will throw in a six pack too! Fair enough I think????

[DOUG]

Ok I want to throw my 5 cents in here.

I happen to chance upon a backdated copy of Peterson's 4 Wheel & Off Road Dated October 2010. One of the topics was Lift Laws for the Northeast starting on Page 52. The mag gave a couple of websites by state as to Lift Laws/Equipment Violations. I went on this site for MA General Law Chapter 90 http://www.mass.gov/legis/laws/mgl/gl-90-toc.htm - searched for an hour and I was unable to come up with any info regarding fender requirements (and lights as well).

There is also a site for ongoing legislative updates online at LiftLaws.com which I researched as well for the state of MA and I quote under Fenders: "MA law lacks any information on fenders or mud flaps". As for Lights: "At least two headlights and two tail lights are required in MA. It is unclear if auxiliary lighting is allowed".

This post is not in any way shape or form to discredit anybody's testimony, however, I'd like to see a WRITTEN Law produced where it says these tube fenders are illegal. If they can produce such a document - I'll be more than convinced. If not, perhaps there will be a pair for me under the tree from Santa.

I've got a call into Nick. Hopefully he can clarify.

[DDewar53]

I would not trust anything a State Trooper says outside of a courtroom. They're no different than anybody else, except they carry a badge, but they will say whatever they think, without doing any research to back it up. Take a look in the Factory Five forums if you want to see some horror stories about stuff that state troopers have told guys who've spent upwards of $50k building a Cobra kit car, only to have one state trooper after another refuse to grant titles based on their own opinions. Another example - before moving here I called the state police to find out if I needed to register my firearms after I got my FID. Talked to 3 different troopers, got 3 totally different answers.

Research the law - Mass General Laws are online, you can read them for yourself. Act accordingly. If you get a ticket, plan to hire a lawyer, or just do what the trooper said. Then plan to lose in court anyway, because the judge is going to go with the trooper. Best bet is to work with the clerk/magistrate and get it kicked before it goes that far.

[ZAEDOCK]

My take, I've researched and understand MGL ch90 and 540 CMR 6.00/4.00 pretty well and I agree with Don.

Johnny Law will interpret any way he wants - even if it's not correct. That's what court is for.

Here's the actual inspection requirements from 540 CMR 4.00:
http://www.mass.gov/rmv/inspect/540cmr4/sec404b.htm

(11) Bumpers, Fenders, External Sheet Metal and Fuel Tank. A Certificate of Rejection shall be issued if any of the following conditions are evident:

(a) Bumpers. Broken or bent bumpers, fenders, exterior sheet metal or moldings, having sharp edges or abnormal protrusions extending beyond normal vehicle extremities so as to constitute a danger to pedestrians and other motor vehicle traffic. If bumper face plates are removed, bumper brackets must also be removed. The vehicle hood, door(s), luggage compartment lid, and battery or engine compartment doors or lids, if so equipped, must be capable of being firmly latched.

(b) Fenders. Front and rear fenders must be in place on all vehicles manufactured after model year 1949 if such vehicles were designed and manufactured to be operated with front and rear fenders. Every passenger motor vehicle which is equipped with tires which extend beyond the fenders or body of such vehicle shall be equipped with flaps or suitable guards to reduce such spray or splash to the rear and side.
(b1) tOOb fenders are illegal.

(c) Floor Pans. Holes or cracks, due to rust or otherwise, in the floor pans or other body panels which would permit the passage of exhaust gases into the passenger or trunk compartments.

(d) Fuel Tanks. Fuel tanks which are not securely attached to the vehicles body or chassis, or that are leaking.




I like Sam Adams.

[DOUG]

Nick finally called me back this morning, says he would have called sooner but was having issues with his new I phone. I told him he should have bought a Droid instead...LOL

It seems the State cop was busting his chops pretty good that day, and has continued to do so right up to the present time...leaving tickets on his Jeep for the dumbest things. Nick is a Fire Fighter and he tells me this is being taken care of by some "local" friends. I can't wait to hear how this goes down.

Back to the issue at hand....

It seems tube fenders are in fact legal in the State of Mass. Nick did some detective work and made some calls, it seems nobody could find anything that said otherwise. (as long as there is a fender in place and it covers the tire)

So...run 'em if you got 'em.

[DDewar53]

Nick finally called me back this morning, says he would have called sooner but was having issues with his new I phone. I told him he should have bought a Droid instead...LOL

It seems the State cop was busting his chops pretty good that day, and has continued to do so right up to the present time...leaving tickets on his Jeep for the dumbest things. Nick is a Fire Fighter and he tells me this is being taken care of by some "local" friends. I can't wait to hear how this goes down.

Back to the issue at hand....

It seems tube fenders are in fact legal in the State of Mass. Nick did some detective work and made some calls, it seems nobody could find anything that said otherwise. (as long as there is a fender in place and it covers the tire)

So...run 'em if you got 'em.

Exactly what I was talking about

[midniteryder]

Thank you for the positive feedback Doug & Don in re; my 'LEGAL FENDER" upgrades. Carol & I being in the auto & commercial side of the insurance industry would never make any illegal mods to our two rigs.

[Widow Maker]

X2 - thank you Don and thank you Doug and especially to your friend Nick for doing all the calls and footwork and for verifying. Nick deserves the six pack!

[DOUG]

Missed you guys yesterday.

[Widow Maker]

Missed you guys yesterday.

Missed you too Douglas-San and hope to see the minutes, etc. on what went down.

[DDewar53]

<Rant> I've had my share of issues with troopers like that one. Some guys put on a badge and think that it give them power, rather than the other way around. We used to see guys like that in the military - put a set of stripes on their sleeves and it changes them, permanently, for the worse. We used to have ways of dealing with them, too bad similar methods are not available to us to deal with this issue... </rant>