Yukon Police dept will offer police vehicles at auction. They will not have the City decals on the sides but will still be sold with all emergency lighting. They are asking about a statement that the buyer would sign when they picked up the title and bill of sale, acknowledging the fact that they understood the car came with emergency lights/sirens and the improper use might get
them in hot water. Our police chief said he thought maybe on each vehicle posting we listed out a blurb that stated that the improper use of any police vehicle with emergency lighting on it could result in criminal charges against the
operator of the vehicle. Any suggestions on how to proceed?
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The "Gold Standard" is:
Remove the lights and sirens.
If you hope to sell them to another police department or authorized user of lights and sirens, remove them if sold to anyone else.
A reasonable fallback is: Require the buyer to remove and return the lights and sirens to you (even if you are going to dispose of them) before you will provide a title. I don't really like this option because it leaves the title in the City, which could suggest continued responsibility.
If your client insists on selling "as is," I would require a signed statement that the buyer will not use the lights or siren.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Roger Rinehart roger@rinehartlaw.net
Sent: Thursday, April 13, 2023 9:48 AM
To: oama@lists.imla.org
Subject: [Oama] Guidance on Sale of police cars with emergency lights
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Yukon Police dept will offer police vehicles at auction. They will not have the City decals on the sides but will still be sold with all emergency lighting. They are asking about a statement that the buyer would sign when they picked up the title and bill of sale, acknowledging the fact that they understood the car came with emergency lights/sirens and the improper use might get
them in hot water. Our police chief said he thought maybe on each vehicle posting we listed out a blurb that stated that the improper use of any police vehicle with emergency lighting on it could result in criminal charges against the
operator of the vehicle. Any suggestions on how to proceed?
Sent via the Samsung Galaxy S22 5G, an AT&T 5G smartphone
Get Outlook for Androidhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2faka.ms%2fAAb9ysg&c=E,1,k5MvFM7zSRrdaOXp5c5pSfWA6r91rqLU9ssFPPOPeQTrZUm4GBxeuvtaLgJFyCkRctsEvd8eoLfMBY0O4IalCOUcdOtwda-refEFnapcvNyMLO0,&typo=1
I'd echo what Mark said, and only add that I'd be concerned about even
selling the vehicle to someone if it still had the emergency equipment on
it. 47 O.S. 12-227(B) makes it unlawful for a person to drive a vehicle on
any street with any lamp or device which is displaying "or capable of
displaying" a red or blue light visible directly in front of the vehicle.
It obviously establishes exceptions, including for authorized emergency
vehicles. But if this is going to be sold at a public auction, and the
light bars are still installed, and it were sold to a private person, then
we'd be transferring them a vehicle that they cannot legally operate on the
roadway.
Not sure if this is allowed (never thought about this, much less researched
it) but: could a City auction of a surplus police vehicle with a provision
that, if the successful bidder is not a public entity which can utilize a
vehicle equipped with emergency lights and sirens, then the bidder must pay
an additional fee of $X to cover the City's cost in removing the lights and
sirens? If there could be a fee, there's probably need to be language that
the bidder in that instance would only be bidding on the vehicle and not
the lights/siren. Again, not sure if you can even do something like this -
just thinking out loud.
Matt
On Thu, Apr 13, 2023 at 10:39 AM Mark Ramsey MRamsey@soonerlaw.com wrote:
The “Gold Standard” is:
Remove the lights and sirens.
If you hope to sell them to another police department or authorized
user of lights and sirens, remove them if sold to anyone else.
A reasonable fallback is: Require the buyer to remove and return the
lights and sirens to you (even if you are going to dispose of them) before
you will provide a title. I don’t really like this option because it
leaves the title in the City, which could suggest continued responsibility.
If your client insists on selling “as is,” I would require a signed
statement that the buyer will not use the lights or siren.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C*.*
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.com apixley@soonerlaw.com
The information contained in this electronic mail transmission (including
any accompanying attachments) is intended solely for its authorized
recipient(s), and may be confidential and/or legally privileged. If you are
not an intended recipient, or responsible for delivering some or all of
this transmission to an intended recipient, you have received this
transmission in error and are hereby notified that you are strictly
prohibited from reading, copying, printing, distributing or disclosing any
of the information contained in it. In that event, please contact us
immediately by telephone (918) 343-4100 or by electronic mail at *
postmaster@soonerlaw.com and delete the original and all copies of this
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manner. Thank you.*
From: Roger Rinehart roger@rinehartlaw.net
Sent: Thursday, April 13, 2023 9:48 AM
To: oama@lists.imla.org
Subject: [Oama] Guidance on Sale of police cars with emergency lights
Yukon Police dept will offer police vehicles at auction. They will not
have the City decals on the sides but will still be sold with all emergency
lighting. They are asking about a statement that the buyer would sign when
they picked up the title and bill of sale, acknowledging the fact that they
understood the car came with emergency lights/sirens and the improper use
might get
them in hot water. Our police chief said he thought maybe on each vehicle
posting we listed out a blurb that stated that the improper use of any
police vehicle with emergency lighting on it could result in criminal
charges against the
operator of the vehicle. Any suggestions on how to proceed?
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
Matt and Mark: Thank you for the prompt response. I will get with City Staff and discuss the best option. I like the idea of having a non-public successful bidder pay an additional fee to remove the lights.
Roger Rinehart
RINEHART LAW OFFICE
A Professional Corporation
115 S. Rock Island Avenue P.O. Box 669
El Reno, Oklahoma 73036
405-262-2360 (phone)
405-262-2395 (fax)
Roger@Rinehartlaw.netmailto:Roger@Rinehartlaw.net
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From: Matt Love matt.love@gmail.com
Sent: Thursday, April 13, 2023 11:35 AM
To: Mark Ramsey MRamsey@soonerlaw.com
Cc: Roger Rinehart roger@rinehartlaw.net; oama@lists.imla.org
Subject: Re: [Oama] Re: Guidance on Sale of police cars with emergency lights
I'd echo what Mark said, and only add that I'd be concerned about even selling the vehicle to someone if it still had the emergency equipment on it. 47 O.S. 12-227(B) makes it unlawful for a person to drive a vehicle on any street with any lamp or device which is displaying "or capable of displaying" a red or blue light visible directly in front of the vehicle. It obviously establishes exceptions, including for authorized emergency vehicles. But if this is going to be sold at a public auction, and the light bars are still installed, and it were sold to a private person, then we'd be transferring them a vehicle that they cannot legally operate on the roadway.
Not sure if this is allowed (never thought about this, much less researched it) but: could a City auction of a surplus police vehicle with a provision that, if the successful bidder is not a public entity which can utilize a vehicle equipped with emergency lights and sirens, then the bidder must pay an additional fee of $X to cover the City's cost in removing the lights and sirens? If there could be a fee, there's probably need to be language that the bidder in that instance would only be bidding on the vehicle and not the lights/siren. Again, not sure if you can even do something like this - just thinking out loud.
Matt
On Thu, Apr 13, 2023 at 10:39 AM Mark Ramsey <MRamsey@soonerlaw.commailto:MRamsey@soonerlaw.com> wrote:
The “Gold Standard” is:
Remove the lights and sirens.
If you hope to sell them to another police department or authorized user of lights and sirens, remove them if sold to anyone else.
A reasonable fallback is: Require the buyer to remove and return the lights and sirens to you (even if you are going to dispose of them) before you will provide a title. I don’t really like this option because it leaves the title in the City, which could suggest continued responsibility.
If your client insists on selling “as is,” I would require a signed statement that the buyer will not use the lights or siren.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Roger Rinehart <roger@rinehartlaw.netmailto:roger@rinehartlaw.net>
Sent: Thursday, April 13, 2023 9:48 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Guidance on Sale of police cars with emergency lights
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Yukon Police dept will offer police vehicles at auction. They will not have the City decals on the sides but will still be sold with all emergency lighting. They are asking about a statement that the buyer would sign when they picked up the title and bill of sale, acknowledging the fact that they understood the car came with emergency lights/sirens and the improper use might get
them in hot water. Our police chief said he thought maybe on each vehicle posting we listed out a blurb that stated that the improper use of any police vehicle with emergency lighting on it could result in criminal charges against the
operator of the vehicle. Any suggestions on how to proceed?
Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org