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8 Mar 2017
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Not meant to be personal!
Quote:
Originally Posted by farqhuar
Xfiltrate, thank you for your reply, however, I maintain my disagreement.
I will respond in teal and in the interest of the monitors and our readers keep it as brief and understandable as possible. xfiltrate
Sadly, you have not responded to my comments with regard to "morality" at all. You also make the assumption that if I was to injure a 3rd party I would attempt to wriggle out of any obligations. I am sufficiently wealthy to more than fund any compensation to injured parties - well in excess of any insurance coverage requirements for countries I travel through.
I will respond to the "morality" question later. As you have stated rules for the wealthy and the masses could be very different. My argument for not forging documents is directed toward the masses. As a self proclaimed wealthy person controlling sufficient resources to fund any compensation the problem my comments were not directed at you. The basic problem the wealthy have is that at the scene of an accident, "on the sport" and in "the fog of war," so to speak, the injured might not be able to access the amount of compensation necessary for you to meet your obligations.
Apart from 1st world countries (where IDPs are typically not required in any case),
I disagree, various forms of IDPs are required throughout Central and South America, Africa and Asia.
when you travel outside your home country it is just about impossible to take out any insurance, other than what is mandatorily required by law when you enter a new country.
As a member of the wealthy elite, you certainly can afford vehicle/motorcycle insurance well beyond the mandatory minimums,there is no absence of insurance companies in "new countries." as a tourist, I have purchased additional coverage in 8 South American, four Central American countries, and of course throughout the EU.
This insurance is typically limited to third party personal damage - in other words, injury to person (s) that you cause whilst travelling on a public road.Here, we finally agree, yes the mandatory insurance will only cover property damage and personal injury for property you damage or people you inure. Which brings up an interesting point, how do you negotiate with a corpse to determine the amount of compensation necessary to meet your obligations?
In addition, as you say, the insurance company will use any excuse it can to weasel out of its obligations and is generally not worth the paper it is written on, never mind the money you pay for it.
No, I said forging documents will probably be cause for the insurance company to avoid paying your liabilities. And yes there are other reasons that insurance companies will recuse themselves. No< I did not say mandatory third world insurance is "not worth the paper it is written on." which brings up an excellent point. If your documents are not forged, you and your bike is legally in the country and you have purchased the mandatory insurance, what you are really buying is the insurance companies influence on the judicial system. For example, you will go directly to jail in the event of substantial property damage or severe personal injury - police arrive while you are attempting to negotiate with the person you just killed by accident. I would pay to witness you convincing the arresting officer that you are of the wealthy class and will meet all your obligations. Yes you might be able to bribe, but as I said, my comments are directed toward the masses reading here - not the wealthy elite like you.
Should you actually have an accident, regardless of whether you are at fault, I am sure you would be aware, in other than 1st world countries the normal method of compensation is a form of negotiation whereby you financially compensate the other party with cash, on the spot. On the spot compensation will suffice for minor accidents, but my premise is not based upon minor accidents and I have already addressed the issue of the difficulty of negotiating with a corpse.
With respect to accidents in 1st world countries, I would like to use my home country as an example.
In Australia, every person who is injured on a road by any other person - in any incident, even a single vehicle accident, or even falling over crossing a road, is automatically covered by law for medical fees, long term disability and time away from work. This applies regardless of who is fault and regardless of whether any party is unlicensed, uninsured or in breach of any road laws.
Yes, socialized medicine takes care of the medical aspects of an accident in Australia, but does Australia's comprehensive medical care provide your attorneys fees when you are sued in civil court, and does Australia's comprehensive medical care pay the civil damages awarded to the victim for loss of work or ability to work in the future? Will Australia's comprehensive medical care bail you out of jail when discovered you have forged the documents for the title of your motorcycle? In the civil trial will having forged documents not be become an issue? Of course it will, if your were operating a vehicle for which you have forged documents, that will weigh in determining the amount of compensation a civil court will award your victim. And, you will pay that amount, not Australia.
Next week it will be 45 years since I obtained my motorcycle licence. Since then I have spent many of those years outside of Australia living, riding, driving and bicycling in just about every country on this planet. I am yet to have a collision with any other vehicle or person and have received only one traffic infringement (in Canada, for driving in the emergency lane when my engine was overheating), but have hit a number of animals and have also fallen off on poor roads (I elected not to seek compensation from the animal's family or from the government road builders in these instances).
Thank you for sharing your excellent driving record with us, but I don't see its' relivence here. Are you suggesting it is OK to forge documents because you have not had a major accident during the last 45 years? It is not always about you!
So you see, there is no moral issue at all.
Now, for the morality issue. Perhaps we agree that the morality issue discussed here is centered around meeting one's obligations to the victim of an accident for which you are at fault. And, perhaps we can agree that forging documents might null and void any purchased insurance, consequently reducing the possibility of meeting one's obligations to a victim of an accident you have caused would be an immoral act.
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Farqhaur, you seemed to have taken this discussion very personally. My intention is not to demean you or the wealthy class. For your words, you seem to be an honorable person who would meet his obligations. It is unfortunate that you and perhaps others have failed to notice I am just attempting to help the "others" the masses, of which I am one, to meet their obligations. My post was not meant to be about you. So, if you took it personally I do apolize.
Eat, Drink, and don't forge documents
xfiltrate
Last edited by xfiltrate; 9 Mar 2017 at 15:59.
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13 Mar 2017
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So here's my take on an example. You sell your US registered bike to another traveler some where outside the US. You sign over the title to them but forge a registration document with the new owner's name. With this registration, they can travel from country to country. Since it will get a TIP at each border and not be driving in the US with the fake reg, I don't see anything wrong with it.
Some of the rules that exist in many countries are there for reasons that have nothing to do with the activities of travelers, they are designed to protect their tax base, which don't apply to us anyway.
If it helps someone and hurts no one, i see no issue of morality at all.
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16 Mar 2017
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Above the Law? No one gets hurt?
I will post in sea green, xfiltrate
Quote:
Originally Posted by VicMitch
So here's my take on an example. You sell your US registered bike to another traveler some where outside the US.
Somewhere outside the United States is not a bike having entered a country on a TVIP specifically prohibiting the sale of the bike in country. So I really can't comment as your premise is too general. But, there is a very good reason for TVIPs prohibiting sales. You may not realize this, but the cost of motorcycles might be much less in (Country X) and dramatically greater in another country (Country Y). So tourists could simply travel to Country X, buy motorcycles , enter them with TVIPs into Country Y and saturate the motorcycle market with less expensive motorcycles leaving the motorcycle industry in Country Y in shambles. And, the people who played buy the rules in Country Y, established their business, paid their taxes and worked hard are the victims of the "tourists" who enter into Country Y motorcyles on TVIPs that they have bought for less in Country X and take the profit from the motorcyle market that rightly belongs to those who create the legal motorcyle market in Country Y.
You sign over the title to them but forge a registration document with the new owner's name.
Signing over the title is only part for he transfer of title procedure. If you are transferring a title issued in one of the fifty States of the United States most States require the buyer to be a resident of said State, some require in person appearances, others require in State insurance prior/contingent to transfer of title and perhaps 50 other considerations (depending on the State) before the transfer of title is legal. So, the seller, if he/she hold a legal title still owns the motorcycle and is libel for the damages caused by the motorcycle until the title transfer is legal. And, any insurance purchased by the buyer - who is not the legal owner until there is effected a legal transfer of title has given any insurance company from which insurance was purchased a loop hole to avoid paying damages or legal consul in the event of an accident involving personal injury or property damage. What fool would ride a motorcycle continually owned by someone else, who is long gone and out of reach of the country, where an accident occurrs and knowing that any insurance the buyer has purchased is null and void due to no title transfer or an illegal title transfer because of the TVIP status of the motorcyle?
With this registration, they can travel from country to country.
this is simply not true. Registrations are generally not looked at - when entering a South American country, what is important is that the buyers name appears on the title issued by the State the motorcycle is registered in and this is determined by a look see at the license plate and the vin number on the motorcycle and on the title. If the title remains in the sellers name - your chances of leaving and or entering a South American country is complicated.
Since it will get a TIP at each border and not be driving in the US with the fake reg, I don't see anything wrong with it.
No, a new TVIP will not be issued unless the title is in the name of the person requesting the TVIP. And to get the State where the motorcycle is registered depends on the regulations of that State. I think only two States will issue new titles in *"absencia."
Some of the rules that exist in many countries are there for reasons that have nothing to do with the activities of travelers, they are designed to protect their tax base, which don't apply to us anyway.
Hello, are you an attorney, do you have the slightest clue for the reasons laws are passed in unnamed countries. I hope your scam improves before you actually implement it.
If it helps someone and hurts no one, i see no issue of morality at all.
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I am continually amazed at the lack of reason and twisting of facts that I read here. Please try to project some semblance of reality in your posts, so others may not fall victim to your mistaken beliefs. Thank you, xfiltrate
PS. Before you say it, State to State title transfers are not considered "in absencia" in this context!!!
Last edited by xfiltrate; 16 Mar 2017 at 15:53.
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27 Mar 2017
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Forging Titles...
Breaking news, Last week in the heat of this morality conversation, I called one of my attorneys in Buenos Aires, Argentina regarding the legality of a foreign tourist selling a vehicle/moto having entered that vehicle/moto into Argentina aon a TVIP.
I did this because the Argentine Embassy in the United States and various other South American Embassies have yet responded to my queries submitted more than a month ago.
My Argentine attorney just returned my call (in Spanish) with he following:
"No, it would be illegal for a foreign tourist to sell a foreign registered vehicle/motorcycle to another foreign tourist while the vehicle/motorcycle was
permitted to circulate in Argentina on a TVIP. And, the penalties are very severe. If it came before the courts, first, the judge would order the confiscation of the vehicle/motorcycle and "denounce" both the seller and the buyer!!!
To denounce is to charge with a criminal offense!!! There have been cases resulting in a BIG fine and deportation after the fine was paid, and incarceration until the fine is paid.
With valid insurance... which would not be valid due to an illegal title transfer, the insurance company might provide "bail" and thus allowing the foreign tourist to get out of jail, but not leave the country until the fine/court proceeding were paid/concluded.
Furthermore, although, TVIP permits are turned in at the border post prior to the actual exit of Argentina, these laws apply until the vehicle has been issued a TVIP for a "limitrofos" or adjacent country. THERE IS NO LAND BETWEEN Argentina and another country WHERE THE LAWS OF EACH (depending on location) COUNTRY ARE NOT APPLICABLE!!! All MERCOSUR countries have the same laws as agreed by international convention. Any title transactions occurring between two MERCOSUR countries are illegal in the ficticious No Man's Land!!! are illegal.
I do not take what I post lightly, as fellow hubbers pocketbooks and freedoms are at stake. I do perform due diligence when posting.
This thread, IMHO has just been kicked up a notch from a moral issue to a criminal issue!
xfiltrate. Eat, Drink and Don't Forge Motor vehicle titles in South America.
PS: All MERCOSUR countries operate on the same principles regarding the sale of TVIP vehicle/motos...
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28 Mar 2017
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Hi exfiltrate,
Great debate and I wish I had more time to write a more detailed input. However, there are a couple of points I'd like to make for your consideration xfiltrate.
In your replies to farqhuar and his financial 'eliteness', I would put it to you that almost everyone reading this forum belongs to the global elite as we ride comparatively luxurious motorcycles around the globe and are wealthy enough to take time off work to pursue our leisure activities.
Secondly, I have had the unpleasant task of being associated with two fatal road accidents during the last 10 years in Africa. Corpses have families, those are the people you deal with in the case of a death on the road. The question of documentation of the vehicles was never considered, angry crowds do not allow you to consult your insurance companies. You deal directly with the family, immediately. Consequently, insurance companies wriggle out of their responsibilities by saying they did not approve any payments, therefore the insurance document was essentially worthless in terms of a payout (under certain circumstances).
In my case I have presented fake documents to authorities as I have had my legitimate license stolen by police and not released until a bribe was paid. In this case, a devout universalist philosophy would be in absolute moral dilemma as you would then have to commit an immoral act (paying a bribe) as a direct result of an immoral act being perpetrated on you.
A universalist philosophy might seem attractive, however, believing what you think is right and applying that across all situations ultimately is the basis of colonization. Ie: my moral code is correct according to my culture and belief structure, therefore it should be the same across the diversity of the world.
There is one or two leaps of logic faith in my last two paragraphs but I don't have a lot of time (thankfully for the readers). Myself, I have a more configurational attitude when traveling, meaning I observe and adapt to the local norms. I would not consider showing a fake drivers license in New Zealand, nor operate non compliant vehicle because the chances of me being discovered and held responsible are very high.
In other countries the -ve outcomes are non-existent. However, according to my morals, I would not operate a dangerous vehicle if it was not an emergency. Example: a band of cut throats are invading the compound - dammit!!! Can't take the Honda to escape, it's got no MoT.
Universalism, configurational and contingency theories are the 3 main approaches to modern Human Resource Management especially relevant these days for companies that have operations in different cultures around the globe.
Thankfully, I'll stop here.
CJ.
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28 Mar 2017
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africa v Latin America
[QUOTE=Cam Johnson;560415]Hi exfiltrate,
Great debate and I wish I had more time to write a more detailed input. However, there are a couple of points I'd like to make for your consideration xfiltrate.
Cam Johnson, what a pleasure it is to welcome input from someone who was actually there, in the fog of war, of a vehicle/moto fatality. And, my interest and experiences in Africa actually began in Freetown, Sierra Leone, where you are! Soon after I established my ranch in Flagstaff, Arizona as an NGO, (501(c)(3), for the purpose of providing a safe house for returning US Peace Corps volunteers, a volunteer - Dan A. arrived. His life had been saved by Mae Jemison (who was serving in Sierra Leone as the Peace Corps doctor) , the first black woman astronaut in space, when she comandered an Air Force plane via the US Embassy and medivaced Dan A. to a US military hospital in Germany. Dan and I became great friends and we welcomed hundreds of returned Peace Corps volunteers to the ranch. The majority of these volunteers had served in Africa. My hundreds of hours of conversations with these African based volunteers and the many books I have subsquently read describing the Colonists "scramble" for African resources and individual histories of many African nations plus the month or so rosa del desierto (she is Spanish) were in Morocco for our honeymoon compose my African knowledge.
read the Peace Corps section here: https://en.wikipedia.org/wiki/Mae_Jemison
The greatest universal theme among all the African volunteers was the proximity of DEATH - death just seems to be a natural part of life in Africa. Death is evident almost everywhere in the rural areas. I believe you have settled with families of the dead, and probably for very little compensation. This, on the whole, is not the way death is handled in Latin America.
Another volunteer, Martha, who passed through the ranch was stationed hundreds of miles down a dirt road in Ghana, and to escape the heat of her hut...slept every night in the center of a very rural village with all the other women of the village, and on some nights listened to men beating their wives, yes wives, with a special stick called a wife beater. Dan A. and Martha are representative of the hundreds of Peace corps volunteers who had served in Africa and passed through my ranch.
On the other hand, my Mexican, Central American and South American knowledge comes from the academic and more than 25 years of residence south the the US border. I was a US Peace Corps volunteer in Costa Rica, I have a business, advertised on the HUBB, in Buenos Aires, Argentina where I am currently a permanent foreign resident. I have worked for the IRC in Mexico and have motorcycled/driven most of Mexico, all of Central America, and more than 55,000 K through 8 South American countries.
In overview, our basic difference appears to be our own experiences. I am not of the elite, I have never lived in a "compound," but always with the people. And, based on my Latin American experiences the overlanders I know are not wealthy, are traveling after saving for years and doing so during short term vacations.
I won't list them here, but the dates of independence for African countries and Latin American countries are dramatically different. With several exceptions, African independence is relatively recent when compared to Latin American independence. When the colonists pulled the plug on the established infrastructure of many African countries, governmental systems crumbled and many instituted a drastic change in the culture of government.
In contrast, with many more years of independence and similar colonizers, the Spanish and the Portuguese, with a few exceptions Latin American countries, in general have created much more substantial government interventions.
In your replies to farqhuar and his financial 'eliteness', I would put it to you that almost everyone reading this forum belongs to the global elite as we ride comparatively luxurious motorcycles around the globe and are wealthy enough to take time off work to pursue our leisure activities.
In my response to farqhuar I acknowledged his "elite" status and made it clear I was not commenting about him.
Secondly, I have had the unpleasant task of being associated with two fatal road accidents during the last 10 years in Africa. Corpses have families, those are the people you deal with in the case of a death on the road. The question of documentation of the vehicles was never considered, angry crowds do not allow you to consult your insurance companies. You deal directly with the family, immediately. Consequently, insurance companies wriggle out of their responsibilities by saying they did not approve any payments, therefore the insurance document was essentially worthless in terms of a payout (under certain circumstances).
I do not doubt your experiences, as I myself have participated in similar incidents with the "elite" Globebusters.com group during one of their South American sojourns. But, here we find a very important distinction between rural and urban "road accidents." In all major Latin American cities I have visited, the local, provincial/state or federal authority arrive very quickly to accidents involving major property damage or personal injury. The local authority is not trained nor tasked to investigate, so what happens is literally everyone goes to jail until a judge can sort out responsibility. And, I know this for a fact - all documentation will be validated. Especially in European like cities such as Buenos Aires, where the Federal police are equipped with the latest technology and com lines into international data banks.
In my case I have presented fake documents to authorities as I have had my legitimate license stolen by police and not released until a bribe was paid. In this case, a devout universalist philosophy would be in absolute moral dilemma as you would then have to commit an immoral act (paying a bribe) as a direct result of an immoral act being perpetrated on you.
Cam, I am simply trying to balance here the rampant advisories on the part of some who post here advocating the illegal selling buying of vehicles/motos in Mexico, Central and South America. You presenting a fake document to authorities, involves you and the authorities.
Many unexperienced riders travel, especially to Mexico and Central America from the States and either sell or buy foreign registered vehicles/motos from other travelers. There are few of us posting who describe the down side of such transactions. The seller and the buyer of vehicles/motos with forged titles both become libel in courts of law. Many "innocents" are scammed, by more seasoned overlanders into believing these transactions are legal. The result is the seller having forged documents is long gone and the buyer suffers the weight of legal responsibility.
A universalist philosophy might seem attractive, however, believing what you think is right and applying that across all situations ultimately is the basis of colonization. Ie: my moral code is correct according to my culture and belief structure, therefore it should be the same across the diversity of the world.
This is a soft ball argument. I am advocating only abiding by the local laws and regulations, not some universal morality. The only universality involved with my position are the conventions agreed upon by the MERCOSUR block of South American countries. Your universal non morality of ignoring local law and advocating forging apparently does seem very attractive to many.
There is one or two leaps of logic faith in my last two paragraphs but I don't have a lot of time (thankfully for the readers). Myself, I have a more configurational attitude when traveling, meaning I observe and adapt to the local norms. I would not consider showing a fake drivers license in New Zealand, nor operate non compliant vehicle because the chances of me being discovered and held responsible are very high.
My point exactly, negotiating with the families of corpses might be possible in rural Africa, but doubtful in most rural and all urban Latin America.
In other countries the -ve outcomes are non-existent. However, according to my morals, I would not operate a dangerous vehicle if it was not an emergency. Example: a band of cut throats are invading the compound - dammit!!! Can't take the Honda to escape, it's got no MoT.
Let's not let MOT determine our fate (AGREED) when confronted by a band of cut throats invading the compound. Gee, what's going on in the compound that would elicit such goings on? I have yet to meet a "band of cut throats." Maybe because I have never lived in a compound - oh I forgot - once I was evacuated from Ankara to an armed "compound" somewhere else, but was when I was a high school student.
Universalism, configurational and contingency theories are the 3 main approaches to modern Human Resource Management especially relevant these days for companies that have operations in different cultures around the globe.
I am not a fan of universalism nor configurationalism but I live on the many edges of contingency theory and plans everyday of my life and I try my very best to alert others when contingencies, unlike MOTs might be the life blood of survival.
Cam Johnson, thank you for making me think. You are invited to visit us at the ranch in Flagstaff where we will be until September or in Argentina.
Thankfully, I'll stop here.
Last edited by xfiltrate; 28 Mar 2017 at 13:18.
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30 Mar 2017
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Revisiting Morality and Law
In retrospect, I remember 1968, during the Tet offensive, when the US Marines were taking Hue from the Viet Cong. There was an international convention (Law) , much like the TVIP agreements (Law) among MERCOSUR countries of South America, that the US would not raise the Stars and Stripes.
These international conventions (Law) are not taken lightly, but when the US Marines for better or worst lowered the Viet Cong Flag and raised the Stars and Stripes, quite illegally, I concurred with that decision. The sight of the US Flag raised moral, a lot, among the Marines who had suffered 142 dead and 1,100 wounded and had no reinforcements in sight, and were running out of food and ammo.
So the next time you consider forging a vehicle/moto title quite illegally and in violation of international convention, please consider the City of Hue, South Vietnam as your litmus test.
Thanks, xfiltrate
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