![]() ![]() Section 6: ECC/ARC/CPI Subject: Venue to Discuss DRs Msg# 556798
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you seem to be putting the ECC in an impossible possition. If the ECC uses fixed criteria such as coverage and registration on which to base a decision, they are rigid and intractable. If they use their judgement and opinion, they are inconsistant and unfair. How would you have the ECC determine junk? How would you have the ECC determine when bigger is too big? And then communicate that process to the owners so they can plan accordingly?
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For reference, the above message is a reply to a message where: ask about that case because it represents an outside opinion from an impartial third party that ( IMHO ) says coverage is a valid and reasonable exercise of ECC authority. I also believe that it can be inferred from the opinion that the guidelines, are for the most part valid. I have never suggested percent coverage is not a valid exercise of ECC authority. I have suggested it can be a dumb and irresponsible exercise of ECC authority, depending on the specific case. One can infer nothing more from the court opinion than the court agreed on the specific guideline/s brought to it. To infer that because a court upheld one guideline that all guidelines are thus valid is bad thinking, very bad thinking. It is the equivalent of saying that because some state law is challenged and goes to the Supreme Court and is upheld that it follows all the state's laws are constitutional. Get that thinking cap on. I would rather use the registration standard to determine junk vs non-junk vehicles than my or your asthetic opinion. It is attitudes like this in OPA's enforcement of the DRs that need to changed. |
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