Matt wrote:well...?
I'd first go look for an approved list of tire manufacturers provided by the Canadian government. Once you prove they dont have any "approved" list THEn you can knock the law down. that's how helmet laws in some states get fought....like in GA.
A couple problems there. First, you can't take any assumptions about legal proceedings in the U.S. and think they apply to other countries courts. You can't even apply all procedural issues from State to State. Second, There's only one reason the Georgia law could be attacked on the "list" issue: the law
required the Board of Public Safety to publish such a list, and they failed to do so, thus the State was out of compliance with its own law. If they hadn't put that list requirement into the law, then that issue would never have come up. Third, even in the U.S., they don't have to have an approved "list" of snowtires, nor do they need one. There are other ways they can meet the burden of showing it is not arbitrary. If they have an approved standard, and any acceptable process for determining if the products actually meet the standard, that can fulfill the requirement, and snowtires fit into that mold (excuse the weak-ass pun). The "snowflake" requirement is already a standard to meet snow tire requirements in many U.S. states, but, as far as I know, no one here requires them during certain months, only when roads are restricted because of snow conditions. Others only require the M+S insignia, but they all have some standard, and nobody has a list. Both the Snowflake, and the M+S, are Federal standards. If Georgia had stuck with the Federal DOT standard, like almost everyone else did, their law would have held up fine.
Matt wrote:if NOBODY makes a snow tire for your bike I'd have a hard time thinking the law makers could make you put snow tires on your machine.....if NOBODY makes or sells an approved snow tire they are basically banning motorcycles from the roads and if that's the case how cant hey expect you to pay to tag and insure your machine if your not allowed to ride for a big chunk of the year?
This is another one of those "Well, maybe in the U.S." things, but we have certain rights that few or no other countries have. In addition, even in the U.S. we have the problem that operating a motor vehicle has long been established in the U.S. to be a privilege,
not a right. Operating a vehicle has become such a necessity in most of the U.S. that I think that is one of those issues that we may want to try to change, but, until we do, they can do virtually anything they want to us regarding vehicle operation, because we have no right to operate vehicle on the road.
