Illegal to make your car faster?? Really??

MilesBeam · **Joined:** Fri Aug 15, 2003 1:57 pm **Posts:** 427

In a news story tonight on Raleigh's Fox 50, they did a story on how cops were cracking down on street drag racing somewhere in NC. (I can't remember which county). The cops confiscated two cars. That's all fine and well and routine stuff. Now here's the part that got me.. The cops charged the owners with:

"altering a vehicle to increase its potential speed."

Does anybody know if there is really such a law? Where could I find it online?

Before we all proceed to comment on this "law", let's see if we can get some facts verified.

I know somebody I can ask unless one of you online geniuses can find this online. Anders... you out there? I'm sure you can find a link to this if it exists.

Thanks!

Miles

Jason Mauldin · **Posted:** Wed Jul 06, 2005 11:25 pm

I found the following on this page:
http://www.ncleg.net/EnactedLegislation ... er_20.html

Quote:

§ 20‑141.2. Prima facie rule of evidence as to operation of motor vehicle altered so as to increase potential speed.

Proof of the operation upon any street or highway of North Carolina at a speed in excess of the limits provided by law of any motor vehicle when the motor, or any mechanical part or feature, or the design of the motor vehicle has been changed or altered so that there is a variation between such motor vehicle as changed or altered and the motor vehicle as constructed according to specification of the original motor vehicle manufacturer, with the result that the potential speed of such vehicle has been increased beyond that which existed prior to such change or alteration, or the proof of operation upon any street or highway of North Carolina at a speed in excess of the limits provided by law of any motor vehicle assembled from parts of two or more different makes of motor vehicles, whether or not any specially made or specially designed parts or appliances are included in the manufacture and assembly thereof, shall be prima facie evidence that such motor vehicle was operated at such time by the registered owner thereof. (1953, c. 1220.)

and this in a different section.

Quote:

When any vehicle confiscated under the provisions of this section is found to be specially equipped or modified from its original manufactured condition so as to increase its speed, the court shall, prior to sale, order that the special equipment or modification be removed and destroyed and the vehicle restored to its original manufactured condition. However, if the court should find that such equipment and modifications are so extensive that it would be impractical to restore said vehicle to its original manufactured condition, then the court may order that the vehicle be turned over to such governmental agency or public official within the territorial jurisdiction of the court as the court shall see fit, to be used in the performance of official duties only, and not for resale, transfer, or disposition other than as junk:

Chris Brown · **Posted:** Thu Jul 07, 2005 8:09 am

Scott Johnson · **Posted:** Thu Jul 07, 2005 8:31 am

I don't speak or read leagalese very well, but what I'm seeing is no mention of it being illegal to make your car faster.

It's illegal to modify the car to make it faster ONLY IF you subsequently use the vehicle to drive over the speed limit.

Scott

MilesBeam · **Joined:** Fri Aug 15, 2003 1:57 pm **Posts:** 427

If you simplify this... it basically says:

Proof of the operation (on public roads of) North Carolina (above the speed limit) of any motor vehicle when (the vehicle has been altered to make it go faster than the factory design), shall be prima facie evidence that such motor vehicle was operated at such time by the registered owner thereof.

So, ironically, if I read this right, the law is not saying that it is illegal to modify the car. It says that if the car is modified to make it go faster, and you are speeding in it, that the fact that it was modified is somehow proof that it was being operated by the registered owner.

lt seems to imply that if I put a supercharger on my Corvette, and loan it to my co-driver Mr. Rasmussen, and he goes out and tests drives it at 150 mph down I-40, I am going to be held as responsible when he gets pulled over. I'm no lawyer, but it could be that this is a statute intended to make those responsible for making mods to the cars also responsible for how they are used.

Moral of the story, don't build a go fast car and let other people drive it on public streets.

It looks like it is also intended to imply that the registered owner is assumed to be the operator until somebody can prove differently.

Maybe that's all there is to this. Any lawyers in the forum?

That's my first stab at understanding this....

Jason Mauldin · **Posted:** Thu Jul 07, 2005 8:49 am

scottjohnson wrote:

I don't speak or read leagalese very well, but what I'm seeing is no mention of it being illegal to make your car faster.

It's illegal to modify the car to make it faster ONLY IF you subsequently use the vehicle to drive over the speed limit.

Scott

I read it to say that if you get a speeding ticket AND you have modified your car, then you are as good as guilty...

I'm also not a lawyer, so take that for what it's worth.

Jason Mauldin · **Posted:** Thu Jul 07, 2005 8:51 am

It's funny, in that it also says increase the "speed" potential. So, you can increase the acceleration factor all you want as long as you leave the speed limiter alone?

Michael Westerfield · **Posted:** Thu Jul 07, 2005 8:57 am

Jason Mauldin wrote:

scottjohnson wrote:

I don't speak or read leagalese very well, but what I'm seeing is no mention of it being illegal to make your car faster.

It's illegal to modify the car to make it faster ONLY IF you subsequently use the vehicle to drive over the speed limit.

Scott

I read it to say that if you get a speeding ticket AND you have modified your car, then you are as good as guilty...

I'm also not a lawyer, so take that for what it's worth.

I bet a good lawyer could use this law to make a claim for "improper equipment".
"Well, your honor, the car wasn't stock.... therefor he had improper equipment"

DickRasmussen · **Posted:** Thu Jul 07, 2005 9:05 am

Miles,

Don't worry. I'm not likely to be caught speeding in your Corvette with the "supercharger" or even with the sticky Kumhos. I've had about 4 tickets in my life . . . the last one in about 1984. :lol:

That is a really strange law . . . assuming it was written anytime after about 1920. Think about it. Modifying a car to go faster could cause "problems". Trading it in on a car which is faster from the factory is just fine. Duh.

RobLupella · **Posted:** Thu Jul 07, 2005 9:27 am

MilesBeam wrote:

If you simplify this... it basically says:

is somehow proof that it was being operated by the registered owner.

lt seems to imply that if I put a supercharger on my Corvette, and loan it to my co-driver Mr. Rasmussen, and he goes out and tests drives it at 150 mph down I-40, I am going to be held as responsible when he gets pulled over. I'm no lawyer, but it could be that this is a statute intended to make those responsible for making mods to the cars also responsible for how they are used.

Moral of the story, don't build a go fast car and let other people drive it on public streets.

....

Second moral of the story: If you want to go fast in a modified car, borrow someone else's - it will be their responsibility :wink:

RobLupella · **Posted:** Thu Jul 07, 2005 9:28 am

MilesBeam wrote:

In a news story tonight on Raleigh's Fox 50, they did a story on how cops were cracking down on street drag racing somewhere in NC. (I can't remember which county). The cops confiscated two cars. That's all fine and well and routine stuff. Now here's the part that got me.. The cops charged the owners with:

"altering a vehicle to increase its potential speed."

Does anybody know if there is really such a law? Where could I find it online?

Before we all proceed to comment on this "law", let's see if we can get some facts verified.

I know somebody I can ask unless one of you online geniuses can find this online. Anders... you out there? I'm sure you can find a link to this if it exists.

Thanks!

Miles

BTW: this was on Old Smithfield road in out near Knightdale. I'm not sure if that is Wake county or Nash there

Matthew_Thomson · **Posted:** Thu Jul 07, 2005 9:45 am

Jason Mauldin wrote:

It's funny, in that it also says increase the "speed" potential. So, you can increase the acceleration factor all you want as long as you leave the speed limiter alone?

thats what i was thinking.. as long as your top speed is the same or lower you should be fine.. I can do alot to my bmw to make it accelerate faster which includes a shorter rear gear.. which in turn will make my top speed lower.. theoretically my car is geared to redline 5th around 170mph.. but aerodynamics will prevent my car from ever getting there.. i'd be happy with a top speed of ~140ish and just getting up there a hell of alot faster..

Kevin Butler · **Posted:** Thu Jul 07, 2005 10:00 am

So if modifying your car to go faster is illegal, why is a high performance aftermarket permitted? :whoknows:

MilesBeam · **Joined:** Fri Aug 15, 2003 1:57 pm **Posts:** 427

Kevin Butler wrote:

So if modifying your car to go faster is illegal, why is a high performance aftermarket permitted? :whoknows:

It doesn't say it's illegal to mod your car. The modification phrasing is only there to put the responsibility on the registered car owner, if and when, the car is driven in excess of the speed limit.

MilesBeam · **Joined:** Fri Aug 15, 2003 1:57 pm **Posts:** 427

I have a feeling that this is one of those laws that has more to it than face value. Only a lawyer could really give us the background on this and how/when it is used in real life. So far, the one example we have is that they'll hit you with it if they can when you're involved in street racing. But we all already knew that street racing is dumb thing to do and it can cost you your car. We're a club with members that understand there is a better, safer, more fun, alternative.

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Illegal to make your car faster?? Really??

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