Post by Scott SchuckertPost by RayDunakinThe real question is why does Jerry keep making a lightning rod of himself? He
KNEW he was shipping illegally, so the smart move would be to keep his mouth
shut and his business under the table. Does he do this? No! Instead, he loudly
and repeatedly insists that he's perfectly legal, that he's been screwed by
TRA/NAR, and that everyone who catches him in a lie is a traitor/liar/etc.
Hmmm... Don't neglect the possibility that he's right. To parapharase
something James Mason said in "Heaven Can Wait", the probability
someone is right increases the more people try to convince him he's
wrong.
It may well be that shipping his motors is perfectly legal by the word
of law, which is what Jerry seems to maintain - but that doesn't mean
he can't be prosecuted; the word of law meaning little these days.
From the appeal document:
"The July 14, 1986 BOE report of examination specified the dimensions of the
samples of solid propellant submitted to BOE, but that report cannot be read to
indicate that a smaller quantity of this material is not an explosive."
I made this argument ages ago. But Jerry has labeled me a "moron" so my opinion
doesn't count. The DOT however cannot be dismissed so easily.
"RSPA’s Office of Hazardous Materials Technology has confirmed that, based on
the composition of the solid propellent described in BOE’s July 14, 1986 report
of examination, any quantity of this material would be expected to be properly
classified as an explosive."
Jerry was apparantly given a chance to come into compliance with the hazmat
regulations which would have certainly reduced the fine. But Jerry said he would
do something and then didn't.
"During a subsequent telephone conference on September 26, 2002, Mr. Irvine
stated that he would submit the rocket motors and solid propellant for
examination, classification, and approval. However, there is no indication that
any further examination has been conducted."
Jerry is lucky that the DOT hasn't brought the big guns to bear on him yet:
--------------
49 CFR Sec. 107.333 Criminal penalties generally.
A person who knowingly violates Sec. 171.2(g) or willfully violates
a provision of the Federal hazardous material transportation law or an
order or regulation issued thereunder shall be fined under title 18,
United States Code, or imprisoned for not more than 5 years, or both.
---------------
Three violations could net Jerry up to 15 years. RMR would be a much quieter and
saner place.
Post by Scott Schuckert(Heck, 90% of what the IRS does isn't supported by law)
Sometimes you just have to rub blue mud in your navel if that's the
local custom - and calling them "model airplane parts" could be
considered such an accomodation. There's even a shred of truth in it,
at least as much as there is in 5 year-olds being accused of "making
terroristic threats".
--
David W. Schultz
http://home.earthlink.net/~david.schultz