Fairfax County General :
Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Fairfax Co. still writing illegal tickets
Posted by:
trogdor!
()
Date: May 17, 2007 12:38AM
Fairfax Co. is still writing tickets for cars parked with invalid inspection stickers. This law was invalidated by the Virginia Court of Appeals for a Prince William County law. The Fairfax Co. law just like it. FYI if you get a ticket. The Court's dismissal is attached to this article.
http://www.thenewspaper.com/news/15/1553.asp
http://www.thenewspaper.com/news/15/1553.asp
Re: Fairfax Co. still writing illegal tickets
Posted by:
Y2K
()
Date: May 17, 2007 02:47AM
YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!
Lazy ass people with invalid/expired inspection stickers won't get tickets anymore.
YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!
Lazy ass people with invalid/expired inspection stickers won't get tickets anymore.
YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!
Re: Fairfax Co. still writing illegal tickets
Posted by:
Richard
()
Date: May 17, 2007 07:09AM
The Fairfax Law is different than the PW Co law and has since been upheld in court. Sorry guys, time to head to the inspection line.
Hey look at the bright side. You could have gotten stopped by a road cop and it would be 3 times as much money.
Hey look at the bright side. You could have gotten stopped by a road cop and it would be 3 times as much money.
Re: Fairfax Co. still writing illegal tickets
Posted by:
Schrute
()
Date: May 17, 2007 12:51PM
Unlike Prince William, Fairfax has no problems with this law. Nice try trogdor.
Re: Fairfax Co. still writing illegal tickets
Posted by:
trogdor!
()
Date: May 17, 2007 01:12PM
Schrute Wrote:
-------------------------------------------------------
> Unlike Prince William, Fairfax has no problems with this law. Nice try trogdor.
Nice try? Well, if your so sure, why don't you show some proof that this doesn't apply to Fairfax County (and that it's been "upheld" in court...where are you getting that from Richard?).
I will post irrefutable proof that it has been invalidated, right here and now:
The current Fairfax County Code cited on inspection sticker parking tickets in Fairfax County is 82-5-26(b). This states (my emphasis added):
"Parking vehicles without proper license and registration on highways prohibited.It shall be unlawful for any person to park on any highway any vehicle not displaying a current state motor vehicle license and a current motor vehicle safety inspection sticker issued by a state designated official inspection station. (3-13-63; 1961 Code, § 16-130; 31-88-82; 08-06-82.)"
However, the Virginia Court of Appeals found that the State did not give localities the power to regulate **parking** without a valid sticker, only operating a vehicle without a valid inspection sticker. Thus, it was a violation of the Dillon rule (Localities can’t do ANYTHING that’s not expressly PERMITTED by the state legislature)
The court stated:
Eberth also contends that County Code § 13-322 violates the Dillon Rule by prohibiting uninspected cars from “parking” on public highways, whereas Code §§ 46.2-1157 and 46.2-1163 prohibit only the “operation” of uninspected vehicles on public highways. The County responds that the County Code does not conflict with Code §§ 46.2-1157 and -1163, but complements them. We agree with Eberth on this issue as well.
Based upon these definitions, “operate” and “park” have substantially different meanings,and therefore ought not be used interchangeably. In this case, the County has prohibited the “parking” of an uninspected motor vehicle on a public highway, whereas the General Assembly has merely prohibited the “operation” of such vehicle on a public highway. We can find no statutory authority authorizing the County to take such action and the County offers none, thus there is a clear conflict between County Code § 13-322 and Code § 46.2-1163.
Accordingly,County Code § 13-322(a)(1) violates the Dillon Rule in this regard as well…Likewise, the County did not have the authority to enact County Code§ 13-322, which prohibits the parking of uninspected vehicles on public highways."
Since Fairfax County's code also states that "PARKING" without a valid inspection sticker is an infraction, and the Appeals court of Virginia states that a locality CANNOT do this, it is invalidated. The only way that Fairfax cannot have a problem with this is if the legislature were to allow localities to permit ticketing for parking on public highways (Eberth had another claim against the County that was upheld, but I won't deal with that here..as it relates to what is considered a "highway")
Rather than resort to hearsay or specious arguments, please present the court documents that you state have upheld Fairfax's code with regard to this issue. My quotes all come from the court's website. Perhaps you can do the same?
http://www.courts.state.va.us/opinions/opncavtx/0406054.txt
-------------------------------------------------------
> Unlike Prince William, Fairfax has no problems with this law. Nice try trogdor.
Nice try? Well, if your so sure, why don't you show some proof that this doesn't apply to Fairfax County (and that it's been "upheld" in court...where are you getting that from Richard?).
I will post irrefutable proof that it has been invalidated, right here and now:
The current Fairfax County Code cited on inspection sticker parking tickets in Fairfax County is 82-5-26(b). This states (my emphasis added):
"Parking vehicles without proper license and registration on highways prohibited.It shall be unlawful for any person to park on any highway any vehicle not displaying a current state motor vehicle license and a current motor vehicle safety inspection sticker issued by a state designated official inspection station. (3-13-63; 1961 Code, § 16-130; 31-88-82; 08-06-82.)"
However, the Virginia Court of Appeals found that the State did not give localities the power to regulate **parking** without a valid sticker, only operating a vehicle without a valid inspection sticker. Thus, it was a violation of the Dillon rule (Localities can’t do ANYTHING that’s not expressly PERMITTED by the state legislature)
The court stated:
Eberth also contends that County Code § 13-322 violates the Dillon Rule by prohibiting uninspected cars from “parking” on public highways, whereas Code §§ 46.2-1157 and 46.2-1163 prohibit only the “operation” of uninspected vehicles on public highways. The County responds that the County Code does not conflict with Code §§ 46.2-1157 and -1163, but complements them. We agree with Eberth on this issue as well.
Based upon these definitions, “operate” and “park” have substantially different meanings,and therefore ought not be used interchangeably. In this case, the County has prohibited the “parking” of an uninspected motor vehicle on a public highway, whereas the General Assembly has merely prohibited the “operation” of such vehicle on a public highway. We can find no statutory authority authorizing the County to take such action and the County offers none, thus there is a clear conflict between County Code § 13-322 and Code § 46.2-1163.
Accordingly,County Code § 13-322(a)(1) violates the Dillon Rule in this regard as well…Likewise, the County did not have the authority to enact County Code§ 13-322, which prohibits the parking of uninspected vehicles on public highways."
Since Fairfax County's code also states that "PARKING" without a valid inspection sticker is an infraction, and the Appeals court of Virginia states that a locality CANNOT do this, it is invalidated. The only way that Fairfax cannot have a problem with this is if the legislature were to allow localities to permit ticketing for parking on public highways (Eberth had another claim against the County that was upheld, but I won't deal with that here..as it relates to what is considered a "highway")
Rather than resort to hearsay or specious arguments, please present the court documents that you state have upheld Fairfax's code with regard to this issue. My quotes all come from the court's website. Perhaps you can do the same?
http://www.courts.state.va.us/opinions/opncavtx/0406054.txt
Re: Fairfax Co. still writing illegal tickets
Posted by:
FairF4x0r
()
Date: May 17, 2007 02:50PM
.
Attachments:
Attachments:
Re: Fairfax Co. still writing illegal tickets
Posted by:
Y2K
()
Date: May 17, 2007 02:56PM
Trogdor, dude.....you need to relax!
Just get your car inspected in a timely fashion, then you won't have to worry about a parking ticket. Its not rocket science, pretty simple.
Just get your car inspected in a timely fashion, then you won't have to worry about a parking ticket. Its not rocket science, pretty simple.
Re: Fairfax Co. still writing illegal tickets
Posted by:
trogdor!
()
Date: May 17, 2007 07:11PM
FairF4x0r Wrote:
-------------------------------------------------------
> .
lol
-------------------------------------------------------
> .
lol
Re: Fairfax Co. still writing illegal tickets
Posted by:
Schrute
()
Date: May 17, 2007 07:43PM
HAHAHAHA... I was sooo PWN3D!!! Okay children. The facts are: When Prince William ran into their legal problems, Fairfax stopped all enforcement of this particular ordinance so it could be reviewed by the Commonwealth's Attorney's office. The law was reviewed by the Commonwealth's Attorney's office and compared with Prince William's local ordinance. The opinion of the Fairfax County Commonwealth's Attorney is that the legal issue that Prince William had did not apply to Fairfax County. After about one week of non-enforcement, Fairfax regained enforcement of this local ordinance and has not had any problems in court.
You have two options: 1. Pay your $40 ticket and stop whining... 2. Appeal your parking ticket to the Supreme Court of Virginia... Either way, you are still whining.
You have two options: 1. Pay your $40 ticket and stop whining... 2. Appeal your parking ticket to the Supreme Court of Virginia... Either way, you are still whining.
Re: Fairfax Co. still writing illegal tickets
Posted by:
Mofo
()
Date: May 17, 2007 08:14PM
What I like is that only Northern VA counties require an emissions inspection.
"If your vehicle is garaged in the counties of Arlington, Fairfax, Loudoun, Prince William, or Stafford, or the cities of Alexandria, Fairfax, Falls Church, Manassas or Manassas Park, your vehicle must meet the emissions inspection requirements."
http://www.dmv.virginia.gov/webdoc/citizen/vehicles/emissions.asp
"If your vehicle is garaged in the counties of Arlington, Fairfax, Loudoun, Prince William, or Stafford, or the cities of Alexandria, Fairfax, Falls Church, Manassas or Manassas Park, your vehicle must meet the emissions inspection requirements."
http://www.dmv.virginia.gov/webdoc/citizen/vehicles/emissions.asp
Re: Fairfax Co. still writing illegal tickets
Posted by:
trogdor!
()
Date: May 17, 2007 09:54PM
Schrute Wrote:
-------------------------------------------------------
> You have two options: 1. Pay your $40 ticket and
> stop whining... 2. Appeal your parking ticket to
> the Supreme Court of Virginia... Either way, you
> are still whining.
Agreed. And is it worth your time? For most, probably not. And that's precisely why the County keeps doing it. You wouldn't need to appeal to the Supreme Court....that would be Fairfax County's call to make, as I have zero doubt the ticket would be dismissed. If you're in a fighting mood, take it to court.
BTW, my new SUV won't need inspecting for another 10 months, so it's not personal. Just want to see the County operating under the rule of law.
-------------------------------------------------------
> You have two options: 1. Pay your $40 ticket and
> stop whining... 2. Appeal your parking ticket to
> the Supreme Court of Virginia... Either way, you
> are still whining.
Agreed. And is it worth your time? For most, probably not. And that's precisely why the County keeps doing it. You wouldn't need to appeal to the Supreme Court....that would be Fairfax County's call to make, as I have zero doubt the ticket would be dismissed. If you're in a fighting mood, take it to court.
BTW, my new SUV won't need inspecting for another 10 months, so it's not personal. Just want to see the County operating under the rule of law.
Re: Fairfax Co. still writing illegal tickets
Posted by:
trogdor!
()
Date: May 17, 2007 10:02PM
Mofo Wrote:
-------------------------------------------------------
> What I like is that only Northern VA counties
> require an emissions inspection.
> http://www.dmv.virginia.gov/webdoc/citizen/vehicle
> s/emissions.asp
My favorite part of that is that if you own a diesel vehicle that is 8,500 pounds or more, your exempt from inspection. So that's pretty much covers every bus and dump truck out there. And we all know they're not big polluters or anything.
That exemption wouldn't have anything to do with business owning that type of vehicle, and say, the money they donate to politicians. You'd be a fool and a Communist to make such a connection.
http://www.deq.virginia.gov/mobile/mobfaq.html#wvraei
-------------------------------------------------------
> What I like is that only Northern VA counties
> require an emissions inspection.
> http://www.dmv.virginia.gov/webdoc/citizen/vehicle
> s/emissions.asp
My favorite part of that is that if you own a diesel vehicle that is 8,500 pounds or more, your exempt from inspection. So that's pretty much covers every bus and dump truck out there. And we all know they're not big polluters or anything.
That exemption wouldn't have anything to do with business owning that type of vehicle, and say, the money they donate to politicians. You'd be a fool and a Communist to make such a connection.
http://www.deq.virginia.gov/mobile/mobfaq.html#wvraei
Re: Fairfax Co. still writing illegal tickets
Posted by:
Shell Answer MAn
()
Date: May 18, 2007 05:22AM
Actually, you're both right --
The legislature changed the law to match the Prince William ordinance, so that parked cars can once again be ticketed.
Except.
The new law doesn't take effect until July 1.
The Fairfax County Commonwealth's Attorney is a thief. The money that has been illegally collected over 20 years should be returned.
The legislature changed the law to match the Prince William ordinance, so that parked cars can once again be ticketed.
Except.
The new law doesn't take effect until July 1.
The Fairfax County Commonwealth's Attorney is a thief. The money that has been illegally collected over 20 years should be returned.
Re: Fairfax Co. still writing illegal tickets
Posted by:
trogdor!
()
Date: May 18, 2007 08:52AM
True. HB 3045 http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HB3045ER changes it in July and also makes it clear that police can ticket you every single day (as a new offense) until you get it fixed.
Re: Fairfax Co. still writing illegal tickets
Posted by:
Schrute
()
Date: May 18, 2007 09:18AM
trogdor! Wrote:
-------------------------------------------------------
> Mofo Wrote:
> --------------------------------------------------
> -----
> > What I like is that only Northern VA counties
> > require an emissions inspection.
> >
> http://www.dmv.virginia.gov/webdoc/citizen/vehicle
>
> > s/emissions.asp
>
> My favorite part of that is that if you own a
> diesel vehicle that is 8,500 pounds or more, your
> exempt from inspection. So that's pretty much
> covers every bus and dump truck out there. And we
> all know they're not big polluters or anything.
>
> That exemption wouldn't have anything to do with
> business owning that type of vehicle, and say, the
> money they donate to politicians. You'd be a fool
> and a Communist to make such a connection.
>
> http://www.deq.virginia.gov/mobile/mobfaq.html#wvr
> aei
Those vehicles are exempt from emissions inspection, but not safety inspection which is what the parking tickets are being issued for. You can not receive a parking ticket for not having current emissions inspection alone. Your penalty for not having current emissions would be the inability to renew your registration. All vehicles (with few exemptions) are required to be safety inspected.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1157
-------------------------------------------------------
> Mofo Wrote:
> --------------------------------------------------
> -----
> > What I like is that only Northern VA counties
> > require an emissions inspection.
> >
> http://www.dmv.virginia.gov/webdoc/citizen/vehicle
>
> > s/emissions.asp
>
> My favorite part of that is that if you own a
> diesel vehicle that is 8,500 pounds or more, your
> exempt from inspection. So that's pretty much
> covers every bus and dump truck out there. And we
> all know they're not big polluters or anything.
>
> That exemption wouldn't have anything to do with
> business owning that type of vehicle, and say, the
> money they donate to politicians. You'd be a fool
> and a Communist to make such a connection.
>
> http://www.deq.virginia.gov/mobile/mobfaq.html#wvr
> aei
Those vehicles are exempt from emissions inspection, but not safety inspection which is what the parking tickets are being issued for. You can not receive a parking ticket for not having current emissions inspection alone. Your penalty for not having current emissions would be the inability to renew your registration. All vehicles (with few exemptions) are required to be safety inspected.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1157
Re: Fairfax Co. still writing illegal tickets
Posted by:
Schrute
()
Date: May 18, 2007 09:20AM
Question: Which Bear is more dangerous?
Re: Fairfax Co. still writing illegal tickets
Posted by:
RESton Peace
()
Date: May 18, 2007 09:21AM
I admit... you guys bored me right into getting my inspection done on time, if for no other reason than to try to make you stop this lame thread.
Re: Fairfax Co. still writing illegal tickets
Posted by:
FairF4x0r
()
Date: May 18, 2007 09:26AM
RESton Peace Wrote:
-------------------------------------------------------
> I admit... you guys bored me right into getting my
> inspection done on time, if for no other reason
> than to try to make you stop this lame thread.
bump
-------------------------------------------------------
> I admit... you guys bored me right into getting my
> inspection done on time, if for no other reason
> than to try to make you stop this lame thread.
bump
Re: Fairfax Co. still writing illegal tickets
Posted by:
JD
()
Date: May 18, 2007 09:36AM
RESton Peace Wrote:
-------------------------------------------------------
> I admit... you guys bored me right into getting my
> inspection done on time, if for no other reason
> than to try to make you stop this lame thread.
So lame that you couldn't help but partake in, Lamer.
-------------------------------------------------------
> I admit... you guys bored me right into getting my
> inspection done on time, if for no other reason
> than to try to make you stop this lame thread.
So lame that you couldn't help but partake in, Lamer.
Re: Fairfax Co. still writing illegal tickets
Posted by:
Lurker.
()
Date: May 18, 2007 09:40AM
RESton Peace Wrote:
-------------------------------------------------------
> I admit... you guys bored me right into getting my
> inspection done on time, if for no other reason
> than to try to make you stop this lame thread.
It's the boredom of this thread that makes it so intriguing. Post on...
-------------------------------------------------------
> I admit... you guys bored me right into getting my
> inspection done on time, if for no other reason
> than to try to make you stop this lame thread.
It's the boredom of this thread that makes it so intriguing. Post on...
Re: Fairfax Co. still writing illegal tickets
Posted by:
RESton Peace
()
Date: May 18, 2007 09:43AM
I admit the failures that have occurred in this thread.
Re: Fairfax Co. still writing illegal tickets
Posted by:
MiffedinFfax
()
Date: June 25, 2011 09:11PM
Ok so what's the final word on this? I got a 'no inspection' tix while I was out of the country. Although I paid it, Fairfax has taken a lien on my bank account. So now I wanna fight this big time. Any leads, updates?
Re: Fairfax Co. still writing illegal tickets
Posted by:
Batman
()
Date: June 25, 2011 09:23PM
Holy 'bump-teh-ancient-thread' Batman...E7JtG
Re: Fairfax Co. still writing illegal tickets
Posted by:
dean martin fan
()
Date: December 17, 2018 08:21PM
Y2K Wrote:
-------------------------------------------------------
> YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
> HHHHHH!!!!!!!!!!!!!!!
> Lazy ass people with invalid/expired inspection
> stickers won't get tickets anymore.
> YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
> HHHHHH!!!!!!!!!!!!!!!
good to know
-------------------------------------------------------
> YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
> HHHHHH!!!!!!!!!!!!!!!
> Lazy ass people with invalid/expired inspection
> stickers won't get tickets anymore.
> YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
> HHHHHH!!!!!!!!!!!!!!!
good to know
Re: Fairfax Co. still writing illegal tickets
Posted by:
Dumb Ass
()
Date: December 17, 2018 08:41PM
dean martin fan Wrote:
-------------------------------------------------------
> Y2K Wrote:
> --------------------------------------------------
> -----
> >
> YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
>
> > HHHHHH!!!!!!!!!!!!!!!
> > Lazy ass people with invalid/expired inspection
> > stickers won't get tickets anymore.
> >
> YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
>
> > HHHHHH!!!!!!!!!!!!!!!
>
>
> good to know
You do realize this thread is over 11 years old???
-------------------------------------------------------
> Y2K Wrote:
> --------------------------------------------------
> -----
> >
> YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
>
> > HHHHHH!!!!!!!!!!!!!!!
> > Lazy ass people with invalid/expired inspection
> > stickers won't get tickets anymore.
> >
> YEAAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
>
> > HHHHHH!!!!!!!!!!!!!!!
>
>
> good to know
You do realize this thread is over 11 years old???
Re: Fairfax Co. still writing illegal tickets
Posted by:
Hoss
()
Date: December 17, 2018 09:14PM
It is still illegal to hitch your horse up in front of a store. Go find a stable or you're going to get a ticket.
Re: Fairfax Co. still writing illegal tickets
Posted by:
johnny-scofflaw
()
Date: December 19, 2018 11:41PM
They are writing another kind of illegal tickets in Residential Parking Permit districts.
Their own website explicitly says marked vehicles performing a service are exempt from having to display a residential parking permit,
https://www.fairfaxcounty.gov/transportation/parking/faq
>I am having a repair person come to my house. Do they need a permit?
>
>RPPD restrictions do not apply to vehicles owned or leased by a public agency, >or marked service or delivery vehicles which are being used to actively provide >services or make deliveries to dwellings within the designated District.
In spite of this, all the contractors that come and perform work on my street seem to get a $50 ticket. This is even with marked plumbing vans that are open as the plumbers come and go for parts, or marked pest control vehicles etc. I printed the website and gave it to the plumber next door and told him to fight his $50 ticket in court. Also, another time, a realtor in a marked car was ticketed while showing a house. The ticket writer said the ticket had already been written and could not be changed. The realtor fought in court and won, but that is besides the point. Why do law abiding citizens have to waste time because the ticket writers failed to obey their own rules?
Their own website explicitly says marked vehicles performing a service are exempt from having to display a residential parking permit,
https://www.fairfaxcounty.gov/transportation/parking/faq
>I am having a repair person come to my house. Do they need a permit?
>
>RPPD restrictions do not apply to vehicles owned or leased by a public agency, >or marked service or delivery vehicles which are being used to actively provide >services or make deliveries to dwellings within the designated District.
In spite of this, all the contractors that come and perform work on my street seem to get a $50 ticket. This is even with marked plumbing vans that are open as the plumbers come and go for parts, or marked pest control vehicles etc. I printed the website and gave it to the plumber next door and told him to fight his $50 ticket in court. Also, another time, a realtor in a marked car was ticketed while showing a house. The ticket writer said the ticket had already been written and could not be changed. The realtor fought in court and won, but that is besides the point. Why do law abiding citizens have to waste time because the ticket writers failed to obey their own rules?