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  1. #1
    SeadooForum Pro cheappc's Avatar
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    Default The truth about 2 stroke engines LEGAL OR NOT LEGAL?

    1. Are they really going to ban them? Does anyone have a list of lakes that do?

    2. So basically is my boat going to be worthless if this does go through?

    3. Is there a way I can "legalize" my boat?

    Thanks in advance..

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  3. #2
    Dr Honda's Avatar
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    They have been talking about banning 2-strokes forever. If they are going to do it in So-Cal, you will have a hard way around it, but if there are enough people out there, you can have the law "Grandfathered." This is where anything produced before the law would still be legal.

    There are lakes across the USA that ban 2-strokes... but then again, there are lakes with HP restrictions too.

    I wouldn't worry about it yet.
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  4. #3
    SeadooForum Pro cheappc's Avatar
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    Thanks Dr. Honda you always have a great answer!! yey!!

    OK Im eagerly awaiting for my boat! The summer is over and I wont have it! dammm!!

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  5. #4
    Experienced Rider
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    It is exceedingly unlikely that existing two strokes would ever be banned outright. Doing so would be a violation of the Constitution's prohibition against ex post facto ("after the fact"). They can prohibit the manufacture and sale of NEW things, but cannot ban your possession and use of existing things.

    However, this does not mean they cannot try to restrict your ability to USE your existing two strokes, as we've seen on various lakes that ban their use. If anyone were an attorney or had the money to hire one, I suspect you could win a prescriptive easement if two strokes had been in use there for a long enough period of time.

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  6. #5
    Experienced Rider SurfBeat's Avatar
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    The principle of "ex post facto" applies primarily to criminal laws and in the circumstance that is the subject of this Thread, i.e., the legislative body of government passing a law making it illegal to use a 2-stroke engine in public waters, the legislature has the inherent authority to do just that, therefore, negating the ex post facto clause of the USC from being triggered.

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  7. #6
    Senior Member Jimimad's Avatar
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    Arm yourself with the facts my friend. Here is where I found them for our state.
    http://www.dbw.ca.gov/Environmental/TwoStroke/

    For the most part , 2 stroke PWC are prohibited in drinking water reservoirs , and places where snobby-rich-bastards dont like the noise or sight of "watersports people" in my humble opinion. Marin County , Santa Cruz , Berkeley , Sausalito , San Francisco , Im sure you get the idea.
    Last edited by Jimimad; 07-30-10 at 10:24 PM.

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  8. #7
    Experienced Rider
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    Quote Originally Posted by SurfBeat View Post
    The principle of "ex post facto" applies primarily to criminal laws and in the circumstance that is the subject of this Thread, i.e., the legislative body of government passing a law making it illegal to use a 2-stroke engine in public waters, the legislature has the inherent authority to do just that, therefore, negating the ex post facto clause of the USC from being triggered.
    Who would bring charges against you for using a two stroke in those waters? If it would be a private party, that would make it a civil suit. If it is a government entity, that would make it a criminal case - thus (according to your reasoning) making ex post facto applicable.

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  9. #8
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    Quote Originally Posted by Jimimad View Post
    Arm yourself with the facts my friend. Here is where I found them for our state.
    http://www.dbw.ca.gov/Environmental/TwoStroke/

    For the most part , 2 stroke PWC are prohibited in drinking water reservoirs , and places where snobby-rich-bastards dont like the noise or sight of "watersports people" in my humble opinion. Marin County , Santa Cruz , Berkeley , Sausalito , San Francisco , Im sure you get the idea.
    Sure, they can pass such laws. Laws also get overturned when someone challenges them. That's one of the primary functions of the Judiciary branch - as a check against inappropriate laws. What I was saying is that if someone actually challenged such laws on the basis of prescriptive easement, they might very well be able to prevail... there are decades of history of two strokes on virtually all public bodies of water throughout CA, and every state.

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  10. #9
    Experienced Rider SurfBeat's Avatar
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    FYI, the government can bring a civil suit (as well as criminal, therefore, in the event of the former, a fine, seizure of PWC would be equitable relief on behalf of the government.

    I may not know a lot about Sea Doo's, however, I do know a lot about the law being a former law enforcement officer, criminal defense attorney and teacher.

    I recall several years ago that the lib's here in CA tried to ban -strokes in Lake Powell, however, even though the lake was a source of drinking water for us folks in S CA, they did not succeed.

    With the likes of Barrack and the rest of his liberal jerk pals in Congress, Pelosi, Boxer, Feinstein, Reed, etc., one never knows what they will do next to curtail the fun we have riding our 2-strokes.

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  11. #10
    SeadooForum Pro cheappc's Avatar
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    Reviving this thread.. The time is near.... What say you?

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  12. #11
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    Havn`t heard anything about it in Texas,I think they`re just going to let them play out.

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