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Rocketman · 23-10-2012, 04:59

Is' been a long time since I have seen someone so convinced that they were right, then again maybe I have seen it resently, in the upcomming elections.

Bluewaters2812 · 23-10-2012, 05:08

Quote:

Originally Posted by Rocketman

Is' been a long time since I have seen someone so convinced that they were right, then again maybe I have seen it resently, in the upcomming elections.

Haha ... this person must be part of one of those political teams lol.

foggysail · 23-10-2012, 05:27

Have not read all the many post in this thread ..... although I want to comment on weigh stations. Here in Massachusetts and for that matter Rhode Island, we have modern weigh stations on our major highways. Years and years pass and those I drive by are closed! Weighing trucks, checking documentation reads as if there is great enforcement. There is not!

Foggy

Bluewaters2812 · 23-10-2012, 05:31

Quote:

Originally Posted by foggysail

Have not read all the many post in this thread ..... although I want to comment on weigh stations. Here in Massachusetts and for that matter Rhode Island, we have modern weigh stations on our major highways. Years and years pass and those I drive by are closed! Weighing trucks, checking documentation reads as if there is great enforcement. There is not!

Foggy

I have driven some in the US (Florida, California, Michigan, Illinois, Ohio) and must admit that I didn't notice any weighing stations but then again I wasn't looking out for them at the times I drove there.

motion30 · 23-10-2012, 05:44

I am from delaware , They have one weigh station there. It was reported the scale was broken for two years, the state police still had trucks stop and run across the scale ...go figure

Dansante85 · 23-10-2012, 06:01

To answer as question, mast and boat are held by the same individual, Dan Steadley of Big Dog Marine out of Charleston. Whether or not they are at the same location is unknown.

Skipper65 · 23-10-2012, 06:04

I'm not an atty, but am a banker and do understand contract law and mechanics liens. If I read the original post correctly, there was no formal contract only an email that outlined the deal and a payment. The transaction does in fact create a "contract"....but.....the lack of formal legal language not only works to the disadvantage of the boat's owner.....but more importantly it is to the disadvantage of the truck driver. He has NO legal authority to be in possession of the boat or "hold it hostage". He has no protection under the uniform commercial code to hold the boat for payment or for ANYTHING. I'd do two things and it won't cost you a dime in legal fees. First I'd sent the truck driver a certified demand letter giving him 30 days to make your boat available to you. I'd explain that he's in criminal possession of your boat and due to the value and transport across state lines....he's in felony criminal possession. Then if he doesn't make the boat available to you.....on day 31 I'd go see the local District Attorney ( where the boat was originally picked up....as that's the proper jurisdiction ) and file felony criminal charges on the guy. While DA's like to pursue rapist and murderers ( which we all appreciate ).....this is still a serious crime and the DA should pursue the matter, issue a warrant for his arrest and hopefully contact local authorities at his last known address and they can pick him up. From there, the court will handle it and a judge will order your boat to be returned as apart of handling the criminal complaint. Hope this helps. Good luck.

Captain Bill · 23-10-2012, 06:11

To get back to the OPs problem. Tropicalescape you suggested that the OP should pay the guy to get his boat back. What exactly are you proposing he pay him for? Let's assume that the transporters claim is true and that the boat weighs too much for his equipment. His demand is that the OP pay for the repairs and the remainder of the funds due upon delivery. It is apparent that the transporter does not have equipment capable of completing the delivery. So you expect the OP to pay this guy over $7000 just to find out where his boat is?

tropicalescape · 23-10-2012, 07:54

The few here that have presented a united front of ignorance over and over again just show that you can lead a horse to water but you cant make him drink...I never once said that my wavier had been enforced or that there was a case history of its use(most tire kickers are scared away after reading that "You can be killed while trying to learn to fly"and that is the purpose of the wavier,to run off wannabes and it has worked,I dont expect a small minded person to understand) but if you give people with no skills of comprehension a little text they will always walk away having read something that wasnt there(stupidity).I ask all of you one more time where in this thread that it reads that the boat was stolen, how about you "attornys" where does it say that this boat was stolen? How is it you folks can take a statement that says "boat taken hostage" and responed that it was stolen and its time to send in the troops?If any of you had lived a life other than in some small sphere, you might have experianced some of the things that make a difference in this world. Only people that live in a very small world where its routine to do the same redundent, boring things day in day out would ever do any business with just a handshake(of course if your business is of this type maybe thats all you need, its not like your going anywhere so as to broaden your thought process and I dont mean going on a vacation! no offense to anyone working the 9 to5)I travel all over the world working and I can assure you if you belive in the old handshake as all that is required to seal a deal you have sucker written on your forehead for all the "real" business people in China,Japan,Germany,Africa etc to see...Before anyone comes back with over the top comments please answer this very simple question:Where does it say this boat was stolen?Where?How did you come to know that this boat was stolen? I am not advocating to pay the extortion only to negotiate with one another before everyone becomes a client for the over burdened and over worked court system,because I belive no one wins when it has gone that far except the lawers! Is that so hard to understand? Its wrong to steal! Its wrong to take the law into your hands! Please remember, I am not as dumb as some of you sound and I am not as smart as some of you think you are...where does it state that the op said the boat was stolen?

fstbttms · 23-10-2012, 08:03

Quote:

Originally Posted by tropicalescape

where does it state that the op said the boat was stolen?

Why do you keep repeating this question? So the OP (being puposely cautious) never actually used the word "stolen". That doesn't mean this isn't a case of theft. Jeezus.

tomfl · 23-10-2012, 08:07

Just a few random thoughts about weigh stations and permits. There are both federal and state rules, but the states mostly use federal guidelines (in some cases they are stricter) in order to qualify for federal funds to build roads. Some states also issue special permits for loads which do not conform to the rules. A cross country trip can turn into a real maze of changing rules.

One thing not mentioned so far is how enforcement has changed. A lot of folks at CF understand how GPS has changed the way boats get from place to place. There has been a similar advance in trucking. Modern trucks not only have GPS units but transponders that identify the trucks to state and federal DOTs and weigh stations, but the companies that own the trucks. The state DOTs also have scales that do not require trucks to stop to be weighted. Of course all this data is stored in a computer and often shared across state lines.

Just as some boats do not have GPS some truckers still use pen and paper logs (required by both the fed and state DOTs) instead of an app on their smart phone or other device. These trucks have to stop at weigh stations losing valuable time and burning fuel. But perhaps more to the point trucks that are behind the times often get a closer look from LEOs.

I have made a couple of cross country trips in my RV and have a Flying J credit card. I can assure you that it is no easy task evading weigh stations even for a short time.

tropicalescape · 23-10-2012, 08:13

Quote:

Originally Posted by Bluewaters2812

Tropicale you are getting tiring .. zip it now.

Where does it state that the boat was stolen...those that lose always avoid the question!!

**capngeo** · 23-10-2012, 08:15

"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!"BE NICE" RULE!

This thread is in serious danger of being locked!

Captain Bill · 23-10-2012, 08:19

Tropical, why are you so hung up on what the OP said? This guy let someone drive off with his boat without getting so much as a receipt? Foolish, you bet. Hand over my boat on a handshake? I would never do such a thing. The stolen statements were merely pointing out to the OP, who was way too trusting IMHO, that there is a significant possibility that his boat is in fact stolen. You see unlike the OP I'm not a trusting person and like you I've done business all over the world and a handshake is not good enough. In India even a written contract is not good enough as the outcome largely depends on which side pays the better bribe. What has been pointed out to the OP is that the trucker has no legal basis for doing what the OP says he is doing and that there is plenty of evidence that the trucker is committing a crime, ie a type of theft known as conversion. Whether the trucker is in fact guilty of crime is up to a judge and jury to decide. Guilt beyond a reasonable doubt is again up to a judge and jury, but all it takes to get the police involved is a reasonable suspicion, which I believe there is in abundance. What this trusting OP called it at the start of this thread is pretty much irrelevant to the subsequent conversation.