Yeah. They really ought to let the local police collect the fine money, since they’re the ones who would actually enforce it. If it became a good source of revenue for a department, they’d have a strong incentive to enforce.
This whole thing really makes me wonder about the people who think they’re crusaders for conservative rights by burning a bunch of their own money and blowing smoke at strangers for the unforgivable sin of riding a bicycle or using a fuel efficient car. I can sort of understand the desire to blow a quick puff of cigar smoke in the face of someone who always went banging on about how their hybrid car makes them better than other people (not that I actually would). But to do it to strangers on the street based solely on their choice of vehicle?
Coal rolling just seems really, really insecure. Like these people are the types who would spend thousands of dollars paneling their houses with dry tinder if Obama made a statement promoting fire safety. I like to believe that it’s a vocal minority that’s that monumentally stupid. I really hope I’m right.
In Colorado, littering can get you a $1000 fine. And I’m not talking dumping. Throw a cigarette out of the window of your car? Starbucks cup? That will be one large.
I dunno…is it much different from someone springing paint on a woman for wearing a fur coat? Morons are morons and they come from all walks and political persuasions.
Worse than that. The cop on the street doesn’t care who is ultimately getting the fine money. Reading the available links to the new statute I wouldn’t even know how to enforce or cite someone for it. It is not Title 39 so it won’t go on a motor vehicle summons. It is not Title 2C so it won’t go on a criminal summons. Or will it? It can be clarified by some Attorney General guidelines but I haven’t seen any.
But lets not lose sight of the fact that around here at least this is not a big problem. I have never seen this happen. I have never heard anyone I know who has seen this happen. I have not seen or heard of any police officer in my area who has seen this happen. The first time I have heard of this was in this thread.
This does highlight a bigger problem in my state. To save money they gutted the vehicle inspection program. Now there is no inspection for the 1st 5 years and after that they are only basically looking at emissions only. Your car can be dangerously falling apart or have illegal modifications and still pass inspection. A vehicle set up as a coal roller will only get caught if they do it in view of a police officer.
Even if you did know how to cite someone for it, would you be able to identify the modifications? I assume it is supposed to be enforced by citizens reporting people to the DEP, and the department investigating.
I think it would be mostly dumb luck being in the right spot to observe the offense when it happened. I’ve seen trucks with the big exhaust pipes sticking straight up but that doesn’t mean they coal roll or that the modification is illegal. And from a quick image search I can see that regularly place exhaust can be made to do the same thing. Just looking at the outside of the vehicle isn’t enough to tell.
Depending on whether being a fellow Doper counts as someone you know, now you do: me. Got coal-rolled while riding my bike last summer.
For Chicago-area dopers, it happened in downtown Des Plaines. :eek: For non-ChiDopers, Des Plaines is a close-in and fairly urban suburb that’s pretty bike-friendly as suburbs go. It wasn’t like I was riding on a two-lane country road through Kane County farmland.
I think he was specifically pointing out that it’s not a problem where he is (NJ) because his is one of the few states bothering to legislate against it.
That totally sucks. I’ve never had any motorists be anything but nice to me while I biked, and I’ve lived in the Chicago near-north suburbs since 1995.
Has anyone answered the OP? Even absent specific coal-rolling legislation, could a person intentionally spewing soot on a person/bike/car be convicted of assault?
Yes exactly. There have obviously been some incidents which did lead to the legislation. But I don’t see any evidence that it is a anything more than a very rare problem.
According to a NYT article, the practice appears to be on the rise in California and Colorado. New Jersey explicitly banned the practice last year.
In Vermont an individual in a white pickup truck coal rolled a set of bicyclists - twice. They complained to the cops, but the police didn’t pursue the matter. To the NYT, a representative of the Morristown Police Dept stated, “We don’t have a law against whatever they did.” ( :dubious: )
I’ll add a cite from Findlaw, suggesting to me that battery law could be applied to a coal roller: (See also post 116, where I made the same point with a different citation.)
[INDENT][INDENT] Battery: Act Requirement
The criminal act required for battery boils down to an offensive or harmful contact. This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases. Generally, a victim doesn’t need to be injured or harmed for a battery to have occurred, so long as an offensive contact is involved. In a classic example, spitting on an individual doesn’t physically injure them, but it nonetheless can constitute offensive contact sufficient for a battery. Whether a particular contact is considered offensive is usually evaluated from the perspective of the “ordinary person.” [/INDENT][/INDENT] Italics added. Assault and Battery Overview - FindLaw