Virginia goes after Out-of-State License Plates | Page 4 | FerrariChat

Virginia goes after Out-of-State License Plates

Discussion in 'Mid-Atlantic Region - USA (PA, DE, MD, DC, VA)' started by toggie, Aug 3, 2016.

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  1. tomberlin

    tomberlin Formula Junior
    Silver Subscribed

    Apr 9, 2005
    843
    Bethesda
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    tom berlin
    Well said
     
  2. Mbutner

    Mbutner Formula 3

    Aug 11, 2005
    1,689
    Bay Area / Washington DC
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    Quick Draw
    So glad I moved out of Virginia. I grew up there, and ever since I got my drivers license, I felt like I lived in a police state.

    I have to say, I feel the tax sting a bit more here in California, but I've never been harassed by an LEO, the weather is wonderful 365 days a year, and my real estate has appreciated astronomically.

    All in all, I don't feel as bad paying to live here vs. in the eastern bloc feel of inside the beltway in DC/MD/VA.
     
  3. davebdave

    davebdave Formula 3
    Owner

    Mar 18, 2007
    2,379
    Northern VA
    Full Name:
    Dave W
    Guess how much we pay on our $40,000 Cessna? How Much does that guy with a 5 million dollar private jet pay?

    Car tax $3.25 per $100 of assessed value
    Aircraft Tax rate of $0.00001 per $100 of assessed


    Gotta love it.
     
  4. Gh21631

    Gh21631 F1 Veteran
    Silver Subscribed

    Feb 24, 2011
    8,336
    East
    All of these data centers in Ashburn are tax free - F it we will screw the residents of our county. Equinix, DRT, DuPont, Amazon, etc all tax free baby. You wonder why there are so many data centers in Loudoun...
     
  5. Replevin

    Replevin Karting

    Oct 29, 2014
    72
    Washington, DC
    In Maryland, they also have county income taxes on top of the state taxes. So in MoCo it is 3.2% So perhaps not quite 4%, but close.

    Local Income Tax Rates
     
  6. DennisForza

    DennisForza Formula 3

    May 23, 2006
    1,804
    Arlington, VA
    Full Name:
    Dennis
    It is required if you LIVE in Virginia for 60 days straight, if you can show that your main residence is elsewhere, and you are returning there within 6 months, you do not need to change license to drive or the plates on your car.
     
  7. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,874
    And, how is that harassment warranted? I'm a legal resident of another state visiting property I own in another state. Totally unjustified and, IMO, an illegal over-reach. There is NO basis on which to demand I procure another DL based on the fact that I'm traveling to VA. None.

    CW
     
  8. Argento839

    Argento839 F1 Veteran

    Oct 21, 2005
    9,103
    Not a surprise. Virginia has long been one of the, if not THE toughest State when it comes to traffic enforcement so they are good at hara$$ment. They will actually arrest you for speeding..
     
  9. DennisForza

    DennisForza Formula 3

    May 23, 2006
    1,804
    Arlington, VA
    Full Name:
    Dennis
    I am not sure the precedence, but it is pretty much the standard through out the country. The duration might change, but pretty sure every state has a registration/licensing requirement of six months or less with some exceptions for military and like situations. Even New Hampshire, the Live Free or Die state, has a 60 day requirement if you are not returning to your other residence within 6 months.

    How do you justify not paying your share of the tax if you/your vehicle is in the state over six months of the year, thus the majority of the year? The vehicle needs to be registered somewhere, you need to be licensed somewhere, should the place you spend the most time not apply?

    I have family that keeps logs in each vehicle showing that they stay at their higher tax home for 179 days or less each year to avoid that registration/taxes.
     
  10. DennisForza

    DennisForza Formula 3

    May 23, 2006
    1,804
    Arlington, VA
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    Dennis
    I beg to differ on the toughness of the traffic enforcement. Connecticut, Ohio, Delaware, California, sections of Maryland, are each much more thorough in their enforcement of traffic laws(those are the non-VA states I have a bit of experience in, sure there are others.

    Certain municipalities in Virginia are tough on making sure that cars are registered and owners are paying taxes, but it is not Commonwealth wide.
     
  11. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,874
    Sorry, but there must be a rationale. Otherwise, I do not intellectually accept the standard. I get it...just knuckle under for everything. That's the way of Government, these days, right?

    It's utter baloney that I get questioned by a LEO about how many days I spend in VA. And, then being told, "We have ways of finding out."

    WTF? Gestapo intimidation tactic BS. Where the F is the ACLU?

    CW
     
  12. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,874
    One standard. Period. Otherwise, there's potential for abuse by legislators (and their legal advisors), LEOs and the judicial system.

    CW
     
  13. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
    Lifetime Rossa Owner

    Fighting legal battles that pertain to Earth shattering Constitutional issues. I'm pretty sure interstate commerce is not high on their list. But, what the hell, contact them, see if they'll take this one on.

    https://acluva.org/contact-us/


    happy hunting.

    D
     
  14. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,874
    Well, if you let Government encroach on your privacy, it will. And, you have no one else to blame but yourself for letting that happen. Our privacy and other rights are under constant assault by a rapacious, insatiable Government. Both sides can, and will, grind the individual and their rights down to nothing.

    CW
     
  15. randkin

    randkin Formula 3
    BANNED

    Aug 2, 2015
    1,497
    Somis, CA
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    Randy
    Well that's great record keeping. I am not so sure that other are so fastidious. But why is it up the individual to prove that they are in the state less than six months rather than for the state to prove the individual or car is in the state for over six months. Why has the burden of proof shifted to "guilty" until proved innocent? Seems wrong to me but then what do I know.
     
  16. Challenge

    Challenge Formula 3

    Sep 27, 2002
    1,939
    PA
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    Kevin
    Spent my first 30 years in VA. Absolutely horrendous speeding/traffic enforcement. In '92 I was pulled over near Richmond. Was not speeding but had my radar detector. Cop approaches and asks for license, registration and radar detector. After issuing a summons he is ready to walk back to his car and leave. I asked "what about my radar detector?" He said he would give it back if I locked it in the trunk, then pulls it out of his pocket. The fat pig was going to STEAL my property had I not held him accountable. Seems that LEO's would know that theft is a crime...
     
  17. energy88

    energy88 Two Time F1 World Champ
    Silver Subscribed

    Jan 21, 2012
    27,065
    West of Fredericksburg, VA
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    John
    Sounds like the officer was going to take the radar detector to court to use as evidence at which point you would get it back. It's not illegal to have a radar detector in VA- only that you can't be able to use it. The criteria: (a) detector must be turned OFF and, (b) the detector not be accessible to you- meaning locked in the trunk.
     
  18. toggie

    toggie F1 World Champ
    Owner Silver Subscribed

    Nov 30, 2003
    19,036
    Virginia
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    Toggie (Ron)
    #93 toggie, Aug 17, 2016
    Last edited: Aug 17, 2016
    Correct. But, like you said, they can be confiscated for evidence and then returned later.

    My understanding is that, years ago, like in Challenge's situation in 1992, it was a common practice to confiscate the radar detectors.
    Nowadays, based on most of the personal stories I've heard, it is more common just to write the ticket and let you keep the detector as long as you put unpower it and put it in your trunk.

    Virginia Code on the topic:
    https://vacode.org/2016/46.2/III/10/10/46.2-1079/

    We need to find a way to get the radar detector law repealed.
    .
     
  19. DennisForza

    DennisForza Formula 3

    May 23, 2006
    1,804
    Arlington, VA
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    Dennis
    The standard is there, the degree of enforcement is not. Some jurisdictions have more officers, some have other priorities. The great thing about America is you can move where you like things the best, and unless you are under indictment, or court order, the government can't stop you.
     
  20. DennisForza

    DennisForza Formula 3

    May 23, 2006
    1,804
    Arlington, VA
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    Dennis
    I would say that the rational is that a vehicle is required to be registered somewhere. That somewhere logically should be where it spends the majority of its time. A state should have the right to ensure vehicles kept a majority of the time in said state are taxed/registered appropriately.
     
  21. DennisForza

    DennisForza Formula 3

    May 23, 2006
    1,804
    Arlington, VA
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    Dennis
    If you keep the records, it is a quicker/easier process to end the audit.

    Tax items have almost always relied on the records of the accused, to prove innocence or guilt. That is how they got Capone.

    Would you rather have plate readers at every state border keeping track of everyone's coming and goings?
     
  22. bobzdar

    bobzdar F1 Veteran

    Sep 22, 2008
    6,383
    Richmond
    Full Name:
    Pete
    It matters because if the vehicle is primarily (ie over 180 days of the year) housed and operated in VA, it needs to pass VA safety laws - ie inspection, license plates etc. - and you need to pay your share of the cost of infrastructure for the car to be operated on.

    If you don't want to pay the taxes in VA, don't live in VA or house your vehicle in VA. I have zero sympathy for people that want the benefits of living here but don't want to pay for it - because then the rest of us have to pay for you, you're leeching off of the other residents.

    Fwiw, you should be happy they tax your car instead of just taxing your real estate. The whole point of personal property tax is to reduce the tax burden of real estate owners and spread it to those that don't - but that do own cars.
     
  23. Gh21631

    Gh21631 F1 Veteran
    Silver Subscribed

    Feb 24, 2011
    8,336
    East
    In VA we are also taxed by where we are located. Loudoun and Fairfax fund the rest of the state.
     
  24. Gh21631

    Gh21631 F1 Veteran
    Silver Subscribed

    Feb 24, 2011
    8,336
    East
    That's a bunch of crap. My real estate taxes very high as well, they go up every year although my home has not appreciated but I don't have time to deal with it. You live in Richmond so you don't see the same rates in NoVA so in fact we are subsidizing you but I guess you are OK with that. We already pay a a sales tax which is based on the purchase price so in fact we are paying more than our "fair share", we get no credit for the tax already paid when you trade in. Then you get screwed again with property tax.

    The guy that buys a Honda gets the same benefits but pays a fraction of the taxes (sales and property) but I guess by your standards that is OK.

    Your argument doesn't hold water.
     
  25. DennisForza

    DennisForza Formula 3

    May 23, 2006
    1,804
    Arlington, VA
    Full Name:
    Dennis
    Your real estate tax goes to your local government, be it city, town, or county. Your income tax and gas tax goes to Richmond for redistribution. Your sales tax is split locally and to the state, and in Fairfax you will soon be paying more to eat out, but it will stay in Fairfax.

    And what does anything in your false based rant have to do with or without registering a car that spends most if it time in the Commonwealth?
     

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