The Aftermath

[LillyMayPatterson #1685 & #5648]

Floydv, Thanks for doing the homework. It's nice to see it in black & white. I am convinced Elio has these commission guys in a panic. They seen the SEC report and the bottom line, that Elio has no money at this time to fight ... but somehow Elio has the fight to file an apeal. Elio's Government Affairs guy, Joel Sheldrown is a true believer and loves this vehicle and the project. That is a fact, not my opinion. Now, for my opinion; I think what this commission has done looks criminal. Not shady but down right, in your face criminal. Swiss cheese with bullet holes in it. Thanks Floydv

 

[floydv]

copied from floydv.
(3) Louisiana law defines "manufacturer" as "any person, resident or nonresident, who fabricates, manufactures, or assembles motor vehicles,
(5) "Motorcycle" is defined as "a motor vehicle, and, "Autocycle" means a three-wheeled motorcycle.

So in Louisiana an Elio is a motor vehicle.

That has not been manufactured yet!

Yes, but motor vehicle is defined as a car, van or truck, as I pointed out. Hence the definitional conflict.

 

[Johnny Acree]

Thank you, I did not see that on my first read.
It does get confusing.

 

[Kuda]

Thank you, I did not see that on my first read.
It does get confusing.

These fines place an undo burden
on Elio not to mention they harm
Louisiana consumers.... Elio
has standing in Federal Court
to get a TRO Until a jury can
hear their case on its merits....
Not A lawyer just watch a lot
of Perry Mason.....
http://statelaws.findlaw.com/louisiana-law/louisiana-consumer-laws.html

 

[Kuda]

These fines place an undo burden
on Elio not to mention they harm
Louisiana consumers.... Elio
has standing in Federal Court
to get a TRO Until a jury can
hear their case on its merits....
Not A lawyer just watch a lot
of Perry Mason.....
http://statelaws.findlaw.com/louisiana-law/louisiana-consumer-laws.html

PS: Louisiana Elio reservationists could
bring a 'Class Action' suit against the
Commission for ruling to fine Elio Motors
before any Elios have been produced,
thereby denying the Louisiana reservationists any due process.....

 

[pistonboy]

Correct me if I am wrong. It sounded in the video as if the commissioner said they would probably never collect the money.

Is this correct>

 

[DailyLunatic]

The Louisiana Motor Vehicle Commission's (LMVC) case against Elio Motors has more holes than a wheel of Swiss cheese, and I'm not even sure how they have authority to license motorcycle manufacturers and dealers:
(1) Elio was fined $272,500 for not having a manufacturer's license and another $272,500 for not having an automobile dealer's licenses, said Motor Vehicle Commission member Keith Hightower of Shreveport. [Emphasis added, see https://www.ktbs.com/news/la-motor-...cle_f71e6a5c-659d-11e7-b0e1-c393b99d01e6.html.]
(2) Louisiana laws pertaining to licensing of motor vehicle manufacturing and sales licensing are contained in Title 32, sections 1251-1261
(3) Louisiana law defines "manufacturer" as "any person, resident or nonresident, who fabricates, manufactures, or assembles motor vehicles, recreational products, or new, remanufactured, reconditioned, or rebuilt motor vehicle or marine motors." [Emphasis added, see tit. 32, sec. 1252(24).]
(4) For manufacturer licensing purposes, "motor vehicle" is defined as "any motor driven car, van, or truck required to be registered which is used, or is designed to be used, for the transporting of passengers or goods for public, private, commercial, or for hire purposes." [Emphasis added, see tit. 32, sec. 1252(34).]
(5) "Motorcycle" is defined as "a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and electric-powered scooters not required to be registered." [See tit. 32, sec. 1252(30).] Since a car cannot be a motorcycle at the same time, there's an inherent conflict between sec. 1252(34) and 1252(30).
(6) Clearly, the Elio is not a "car, van, or truck." In fact, the Louisiana Legislature (courtesy of Elio's efforts), recognizes the Elio as an "autocycle." [See tit. 32, sec. 1(1.1)(a) and sec. 401(2)(a), "Autocycle" means a three-wheeled motorcycle on which the driver and all passengers ride in either a completely enclosed seating area or in a side-by-side seating area that is equipped with a rollbar or roll cage, safety belts for all occupants, and is designed to be controlled with a steering wheel and pedals."]
(7) The Elio does not meet the definition of "recreational product" either since that category is intended to cover RVs (see tit. 32, sec. 1252(47)).
(8) Thus, it's not at all clear that the LMVC has authority to require licenses for manufacturers and dealers of motorcycles or autocycles.
(9) Similarly, since the Elio is not an "automobile" (see notes on definition of "motorcycle" and "autocycle" above), Elio Motors cannot, by definition, be a "an automobile dealer."
(10) Further, since Elio Motors hasn't manufactured anything for sale to the general public, it cannot by definition be a "manufacturer" of anything, automobile or otherwise.

OK, I'm dumb. How can they be fined for manufacturing a motor vehicle, if they have not yet begun manufacturing.

 

[floydv]

OK, I'm dumb. How can they be fined for manufacturing a motor vehicle, if they have not yet begun manufacturing.

That's the question we're all asking. According to the LMVC's brand of logic, manufacturing must include thinking about, planning toward, or prepping for manufacturing without actually manufacturing anything. Conspiracy to manufacture, perhaps?

 

[RUCRAYZE]

PS: Louisiana Elio reservationists could
bring a 'Class Action' suit against the
Commission for ruling to fine Elio Motors
before any Elios have been produced,
thereby denying the Louisiana reservationists any due process.....

and what lawyer would take on such a case.? and without going into it how would a potential buyer be harmed to bring a suite. We lose sight of how few we are here. when a poll goes up and on a good run we get 50 folks voting I consider that amazing- this recent one has 25-30 ?(about funding by the end of the month), but that's from someone me who actually liked the Elgin dash, and still hasn't recovered that (rhymes with mellow) color.

 

[Elio Amazed]

copied from floydv.
(3) Louisiana law defines "manufacturer" as "any person, resident or nonresident, who fabricates, manufactures, or assembles motor vehicles,
(5) "Motorcycle" is defined as "a motor vehicle, and, "Autocycle" means a three-wheeled motorcycle.

So in Louisiana an Elio is a motor vehicle.

That has not been manufactured yet!

Correct me if I am wrong. It sounded in the video as if the commissioner said they would probably never collect the money.

Is this correct>

That's what I heard.