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How do I start selling on Amazon?
This is a short summary of how I launched first private label item using Alibaba from my desk while looking out at the beautiful blue Danube.I read every and followed links and case studies to see what other people were doing for location independent online businesses. Ad sense, blogging, content creation etc. didn't appeal to me as I knew it would be a struggle for traffic and I wanted something with quick results. Then I stumbled upon some articles about selling on Amazon and my eyes widened. I was set on launching my own FBA private label item.I go into a lot more detail on the process with 17 steps tutorial in this post How To Start An Amazon FBA Private Label Business - Seller at Heart but here is simplification in 5 basics steps.Step 1 Product Ideas & Selecting This was easily the most overwhelming and difficult step of the process for me. Scouring best seller lists, hot items, analyzing product listings, images, bullets and competition was maddening and time consuming. From my reading and browsing of this subreddit and others, many don't even make it out of this step. I bounced through many different categories, but eventually settled on home & kitchen (like everyone and their brother). Needless to say, I thought I could easily find a product listing that had some problems and enhance it.Step 2 Product Sourcing - China Alibaba. Wow this place is remarkable, bringing the factories and trading companies right to us. It's really remarkable actually, but it has earned a reputation for a reason. I browsed more flexible and folding cutting boards than you can ever imagine, but I eventually settled on a supplier and began negotiations. We started emailing on July 28th after reading my carefully designed product/pricing inquiry, I'm sure I can find the template if anyone wants it. An order of 300 sets/units got to the United States by September 8th. Due to my location, I preemptively vetted a warehouse that had Amazon FBA experience. The factory labeled my product, hell, they even fixed my poor quality image that wouldn't have scanned too. I got lucky by finding a factory that actually cared about me, the buyer, without their assistance I could have faced some serious issues, lucky break #1. Ordering a sample was going to be about $250 and my entire inventory for 300 sets ended up costing $480, so I didn't order the sample (please don't skip this step, it was an extreme circumstance due to isolation and the only time my location negatively impacted the process!). I really wanted to get this in before Q4 was over. Shipping ended up costing more than the product itself, coming in at $660 to go via FedEx air express. Shipping by air or sea cargo/freight is a huge headache, I don't recommend it for your first order. Build the costs into your product, if the numbers don't work then find something else. Here's a great tip for beginners, if your first order has inventory valued under $800, you don't have to deal with import duties and taxesStep 3 The Pre-Launch Pre-Launch? Could have been done better for sure. I have taken mostly a hands off approach and so far only utilized the Amazon channel itself for sales and marketing save for this post on reddit. Creating the listing was about all I could do at this point, there was no reason to start a social media campaign over some generic flexible cutting boards, let's be real. If this was truly my brand that I was building then certainly this is the way to do things, the Amazon Marketplace let's us take a hands off approach to some of this however. $1140 was a lot for me to drop on this product and it wasn't even the end of the expenses. I still had to pay for warehouse services in the States ($153), shipping to Amazon ($85), product photos ($95), giveaways (RIP) ($220) and my PPC budget ($200). That $153 includes shipping to the photographer from Fiverr as well, but most of this cost could have been avoided if I was shipping to a personal residence in the States.Step 4 The Launch Weight handling fee, oh how you got me good. I constantly used the FBA fee calculator to make sure I was going to get an acceptable return before I pulled the trigger on ordering inventory. I initially calculated it at .50 per item. It turns out with this size/shape/weight item, I was .8 ounces over the (poorly) tiered weight handling fee limit and ended up having to pay amazon 1.95 in the weight handling fee. My total Amazon fees are now 6.03 and initially I planned it to be 4.58, this changed my profit margin from 30% down to 20% which, if at the time, I knew may have stopped me from ordering at all. This made me cut my planned promotional giveaways ($10 off a $13.49 product) down from 50 to 30. I ended up sending out 25 vouchers and had 22 claimed. So far only 7 reviews to date and I doubt I'll get any more at this point, but it is possible. My seller account got 4 feedback reviews as well, which is borderline pathetic. Overall i would rate giveaways poorly anyway, they spike your BSR, but it doesn't give you any long term benefit. Truthfully you just need a few stars to start ads, that's where it really catches traction.Step 5 Promoting - Sales This is what it's all about, now that it has been available for 14 days I'm starting to get some good data. I had a crazy order on day 8 for 10 cutting boards after only having a few organic sales. Once it shipped I "stalked" the buyer's name (given to me by Amazon) on google and learned that they run a non-profit for teaching kids how to cook. I sent a very genuinely appreciative email to the client, a $10 donation to the non-profit, but still haven't heard back. With my automatic PPC campaign running, sales started to tick up, but are incredibly inconsistent so far. The past few days have gone from orders of 8, 6, 3 to 0 sales today. I'll continue to monitor these, but my ad budget is about 50% spent and I still have 236 cutting boards to sell. Achieving organic ranking comes through two things from what I can tell, ranking on keywords through sponsored ads and sales. You need both to achieve organic ranking, so my listing has fallen off the front page on many keyword phrases that it seemed to achieve on my higher sales days.Frankly this is outdated and an over simplification of something that requires more hard work and dedication than most of us are truly willing to give forth but if you are still interested you should read this post How To Start An Amazon FBA Private Label Business - Seller at Heart
How do I start an Amazon FBA business?
This is a short summary of how I launched first private label item using Alibaba from my desk while looking out at the beautiful blue Danube.I read every and followed links and case studies to see what other people were doing for location independent online businesses. Ad sense, blogging, content creation etc. didn't appeal to me as I knew it would be a struggle for traffic and I wanted something with quick results. Then I stumbled upon some articles about selling on Amazon and my eyes widened. I was set on launching my own FBA private label item.I go into a lot more detail on the process with 17 steps tutorial in this post How To Start An Amazon FBA Private Label Business - Seller at Heart but here is simplification in 5 basics steps.Step 1 Product Ideas & Selecting This was easily the most overwhelming and difficult step of the process for me. Scouring best seller lists, hot items, analyzing product listings, images, bullets and competition was maddening and time consuming. From my reading and browsing of this subreddit and others, many don't even make it out of this step. I bounced through many different categories, but eventually settled on home & kitchen (like everyone and their brother). Needless to say, I thought I could easily find a product listing that had some problems and enhance it.Step 2 Product Sourcing - China Alibaba. Wow this place is remarkable, bringing the factories and trading companies right to us. It's really remarkable actually, but it has earned a reputation for a reason. I browsed more flexible and folding cutting boards than you can ever imagine, but I eventually settled on a supplier and began negotiations. We started emailing on July 28th after reading my carefully designed product/pricing inquiry, I'm sure I can find the template if anyone wants it. An order of 300 sets/units got to the United States by September 8th. Due to my location, I preemptively vetted a warehouse that had Amazon FBA experience. The factory labeled my product, hell, they even fixed my poor quality image that wouldn't have scanned too. I got lucky by finding a factory that actually cared about me, the buyer, without their assistance I could have faced some serious issues, lucky break #1. Ordering a sample was going to be about $250 and my entire inventory for 300 sets ended up costing $480, so I didn't order the sample (please don't skip this step, it was an extreme circumstance due to isolation and the only time my location negatively impacted the process!). I really wanted to get this in before Q4 was over. Shipping ended up costing more than the product itself, coming in at $660 to go via FedEx air express. Shipping by air or sea cargo/freight is a huge headache, I don't recommend it for your first order. Build the costs into your product, if the numbers don't work then find something else. Here's a great tip for beginners, if your first order has inventory valued under $800, you don't have to deal with import duties and taxesStep 3 The Pre-Launch Pre-Launch? Could have been done better for sure. I have taken mostly a hands off approach and so far only utilized the Amazon channel itself for sales and marketing save for this post on reddit. Creating the listing was about all I could do at this point, there was no reason to start a social media campaign over some generic flexible cutting boards, let's be real. If this was truly my brand that I was building then certainly this is the way to do things, the Amazon Marketplace let's us take a hands off approach to some of this however. $1140 was a lot for me to drop on this product and it wasn't even the end of the expenses. I still had to pay for warehouse services in the States ($153), shipping to Amazon ($85), product photos ($95), giveaways (RIP) ($220) and my PPC budget ($200). That $153 includes shipping to the photographer from Fiverr as well, but most of this cost could have been avoided if I was shipping to a personal residence in the States.Step 4 The Launch Weight handling fee, oh how you got me good. I constantly used the FBA fee calculator to make sure I was going to get an acceptable return before I pulled the trigger on ordering inventory. I initially calculated it at .50 per item. It turns out with this size/shape/weight item, I was .8 ounces over the (poorly) tiered weight handling fee limit and ended up having to pay amazon 1.95 in the weight handling fee. My total Amazon fees are now 6.03 and initially I planned it to be 4.58, this changed my profit margin from 30% down to 20% which, if at the time, I knew may have stopped me from ordering at all. This made me cut my planned promotional giveaways ($10 off a $13.49 product) down from 50 to 30. I ended up sending out 25 vouchers and had 22 claimed. So far only 7 reviews to date and I doubt I'll get any more at this point, but it is possible. My seller account got 4 feedback reviews as well, which is borderline pathetic. Overall i would rate giveaways poorly anyway, they spike your BSR, but it doesn't give you any long term benefit. Truthfully you just need a few stars to start ads, that's where it really catches traction.Step 5 Promoting - Sales This is what it's all about, now that it has been available for 14 days I'm starting to get some good data. I had a crazy order on day 8 for 10 cutting boards after only having a few organic sales. Once it shipped I "stalked" the buyer's name (given to me by Amazon) on google and learned that they run a non-profit for teaching kids how to cook. I sent a very genuinely appreciative email to the client, a $10 donation to the non-profit, but still haven't heard back. With my automatic PPC campaign running, sales started to tick up, but are incredibly inconsistent so far. The past few days have gone from orders of 8, 6, 3 to 0 sales today. I'll continue to monitor these, but my ad budget is about 50% spent and I still have 236 cutting boards to sell. Achieving organic ranking comes through two things from what I can tell, ranking on keywords through sponsored ads and sales. You need both to achieve organic ranking, so my listing has fallen off the front page on many keyword phrases that it seemed to achieve on my higher sales days.Frankly this is outdated and an over simplification of something that requires more hard work and dedication than most of us are truly willing to give forth but if you are still interested you should read this post How To Start An Amazon FBA Private Label Business - Seller at Heart
Is it legal to drive at 80 mph if everyone is driving at that same speed, even though the posted speed limit is 65 mph?
The question asks if it is LEGAL to drive at 80mph, under certain specific circumstances, even though the posted speed limit is 65mph: And the short answer is Yes and No. There are two answers to this question because there are two general categories of law that govern the activity of motorist speed. The vast majority of the times, these two categories of law are incongruent or otherwise in conflict with each other, as I will demonstrate with examples later on. However, after reading this article closely, you will be better informed on how the law works in the USA.The first category of law is known as "The Basic Speed Rule", and has been the preeminent legal doctrine, adjudication standard, and guidance for motorists since 1926; when a committee under Commerce Secretary Herbert Hoover compiled the first national Uniform Vehicle Code as a model for traffic laws in all states. The Basic Speed Rule states: NO PERSON SHALL DRIVE A VEHICLE GREATER THAN IS REASONABLE AND PRUDENT UNDER THE CONDITIONS AND HAVING REGARD TO THE ACTUAL AND POTENTIAL HAZARDS THEN EXISTING (UVC 11-801). To fully comprehend the Basic Speed Rule, we must understand its three variable components: 1) “Reasonable and prudent”; 2) “Conditions”; 3) “Hazards”.“Reasonable and Prudent” means in law “SAFE”. But we can further define what constitutes “SAFE”, because scientists have determined that safety (accident risk) has a parabolic correlation with speed. From a properly plotted parabolic risk curve, we can see that the 85th percentile speed has the lowest risk. A traffic engineering study is the only accepted method for determining the 85th Percentile per 1988 MUTCD 2B-10. Therefore, because “reasonable and prudent” means SAFE, and SAFE is calculated as the 85th percentile in a traffic engineering study: We begin to appreciate why the “reasonable and prudent” standard appearing in UVC 11-801 is necessarily predicated on traffic engineering studies.“CONDITIONS” include weather (wind, rain, sleet, snow, fog, etc.), road surface, road width, traffic volume, contrast and visibility, extreme temperatures, children, pedestrians, bicycles, etc. From these examples, it is clear that roadway “conditions” are infinitely variable and changing, and thus cannot be known in advance.“HAZARDS” include road construction, disabled motorists, emergency vehicles, safety cones, emergency flares, roadway defects, debris on the roadway, animal crossings, etc. From these examples, it is clear that “actual and potential hazards then existing” are infinitely variable and changing, and thus cannot be known in advance.From the foregoing analysis, we have learned that the proper application and enforcement of the Basic Speed Rule necessarily requires three things: 1) A comprehensive traffic engineering study; 2) A real-time assessment of the CONDITIONS on the roadway; 3) A real-time assessment of (potential) HAZARDS on the roadway. So, if we want to answer the question of whether it is LEGAL to drive 80mph under certain circumstances, as it relates to the application and enforcement of the Basic Speed Rule, then we need to consider the above three requirements. And here are the facts regarding the above three requirements:1) COMPREHENSIVE TRAFFIC ENGINEERING STUDY: There is no speed limit sign anywhere in the USA that has always been in conformance with the periodically revised Federal DOT MUTCD standards for performing and maintaining comprehensive traffic engineering studies, using nationally recognized traffic engineering standards encoded under federal regulations going back to the 1988 MUTCD, in the calculus of the posted speed limit. (For any Licensed Traffic Engineers who might disagree, I would ask that at a MINIMUM, you be prepared to provide documentation proving that your speed limit has always been in conformance with each edition of the MUTCD. This would include the mandatory prerequisite study that demonstrates there is an accident risk on a given section of roadway that can only be cured by the proper posting of an R2-1 safety device. Otherwise, please do not waste my time, or try to confuse others with non-sense.)2) CONDITIONS: A traffic officer may cite you for not driving a speed that is safe for conditions, regardless of the speed posted on a speed limit sign, only if he/she can articulate precisely what was unsafe about your driving. Example: An officer cannot simply testify that it was raining, and you were driving 65mph in a 55mph zone. Those facts say nothing about whether you were driving safe for conditions. However, if the officer testifies that your vehicle was hydroplaning and swerving out of your lane during a rain storm while you were driving 55mph in a 65mph zone, then those facts MAY satisfy evidence of driving a speed that was not "reasonable and prudent under the conditions". I say "MAY", because there are many other factors to consider, such as the competence of the driver, the type and condition of tires on the vehicle, the type of vehicle, the degree of swerving, traffic engineer findings, etc. Unfortunately, traffic enforcement officers in the USA have little or no high level training on this subject.3) HAZARDS: In the same way that traffic officers are not given high level training for understanding roadway conditions, they receive little or no training for the proper identification of when hazards and speed are an unsafe combination.If you do not understand anything else from this article, I'm hoping that you will take the time to understand traffic engineering studies. So before we continue, let's touch on the basic requirements, methods, and documentation of a traffic engineering study. Federal regulations require that a traffic engineer perform a very basic statistical calculation to determine the speed limit that is posted on the R2-1 safety device (speed limit sign). The traffic engineer covertly measures the speed of traffic during free flowing conditions, and records those observations so that they can later be published in the final engineering report. Ideally, the sample will include thousands of observations taken at various points of weekdays, weeknights, and weekends during free flowing conditions. The engineer then calculates the 85th percentile speed of the sample. As an example, let's say the engineer measured the speed of 100 cars, and then sorted the speed from lowest to highest: The 85th percentile speed will be the speed of the 85th observation on the list. The 85th percentile is important, because that is the speed of the SAFEST vehicle i.e. the vehicle having the lowest probability of being involved in an accident or crash. The engineer is then required to round up from the 85th percentile to the nearest 5mph (MUTCD 1988). Under certain circumstances, the engineer may round down to the nearest 5mph, if certain circumstances exist such as hazards. The engineer publishes their findings and recommendations, including all data observations obtained, in a final comprehensive report. This is required for each and every section of roadway that uses R2-1 safety devices. However, a prerequisite study is required that indicates and documents an above average accident risk for the section of roadway under review; and, the study must provide evidence and support for the conclusion that accidents can be reduced by posting an R2-1 safety device (speed limit sign).We can now answer the question of whether it is legal to drive 100mph, in the flow of traffic, with a speed limit of 65mph "within the context of the Basic Speed Rule". First, the question does not assume or give any evidence that the driver is doing anything unsafe; or that there are aberrant conditions, or substantial hazards existing. What we do know is that the driver is driving with the flow of traffic, which roughly equates to the 50th percentile speed, which is less than the safest speed of the 85th percentile. So, we know that the driver is actually driving a speed that is less than the SAFEST possible speed. In this scenario, with speed as the only factor in question, we know that the motorist is driving a speed that is reasonable and prudent for the conditions. Thus, the answer to the question is unequivocally "YES", because the motorist is in compliance with the Basic Speed Rule.Before we answer the second part of the question, i.e. the question as it pertains to the second category of law under consideration, I will preempt any attempts toward impeaching the Basic Speed Rule. This preemptive exercise is necessary, because the vast majority of Americans are ignorant of the Basic Speed Rule, its history, and why it is important. So, let's establish some basic facts regarding the Basic Speed Rule.#1) The Basic Speed Rule, promulgated and codified under a federal regulation known as Uniform Vehicle Code (UVC) 11-801, is the law of the land. The UVC was adopted by Congress under the Highway Safety Act 1966, for the purpose of establishing adjudication standards for all states to follow, and has the force and effect of LAW:Section 1A.11 Relation to Other PublicationsStandard:To the extent that they are incorporated by specific reference, the latest editions of the following publications, or those editions specifically noted, shall be a part of this Manual:25. "Uniform Vehicle Code (UVC) and Model Traffic Ordinance," 2000 Edition (National Committee on Uniform Traffic Laws and Ordinances)#2) California is the only state that attempts to comply with Federal Regulation UVC 11-801. This is easily verified by reviewing California Vehicle Code (CVC) 22350:CVC 22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.Amended Ch. 252, Stats. 1963. Effective September 20, 1963.There is only one minor difference between CVC 22350 and UVC 11-801, and that is that CVC 22350 replaces HAZARDS with “safety of persons or property”. But taken on the whole, CVC 22350 is substantively the same as UVC 11-801, and is a model for enforcing and adjudicating R2-1 safety devices in compliance with Federal law. And you will notice that California adopted the Basic Speed Rule effective September 20, 1963, just a few years before the Basic Speed Rule became the law of the land i.e. Federal Law. To this day, California traffic officers continue to write millions of traffic tickets under CVC22350 every year.#3) The Basic Speed Rule language appears in the vehicle code statutes of all 50 states.#4) Prior to the passage of the federal fuel crisis speed limit of 55 mph in 1974, the Basic Speed Rule was the de facto standard in all 50 states in the USA.#5) Prior to 1974, some states such as Nevada and Montana did not have a maximum speed limit. Speeding tickets written on highways in those states were based purely on a violation of the Basic Speed Rule, because highway speed limits were not posted in those states.#6) After the fuel crisis 55mph speed limit was repealed by Congress in 1996, for approximately 3 years, Montana did not have maximum speed limits for its highways and interstates. However, Montana highway patrol continued to write tickets for violations of the Basic Speed Rule.STATUTORY SPEED LIMITSNow, we can answer the second part of our question as it relates to the category of speed limit laws known as "statutory speed limits". A statutory speed limit is a legislative decree for speed limits to be posted according to the road type. For example, California has CVC 22349 for speed limits on highways and interstates, to be posted at 55, 60, or 65 mph, depending on the type of highway. California also has CVC 22356 "No person shall drive a vehicle upon a highway at a speed greater than 70 miles per hour, as posted."-for interstates that meet certain prescribed conditions appearing in the statute.By the way: Although Legislators have no background in traffic engineering or roadway safety, when they pass statutory speed limit laws, they are replacing the traffic engineers' determination of the 85th percentile safest speed with their own INVENTED NUMERIC. This has disastrous consequences for roadway safety. Conservative estimates are that several thousand deaths (5,000+) occur every year because of under posted speed limits. After Petersen published his findings supporting this conclusion in the early 1990's, the federal government refused to fund any further speed limit safety studies.But let's answer the second part of the question, as it relates in the context of statutory speed limits.If the speed limit is posted as 65mph, and you are travelling ANY speed higher than 65mph, the officer has probable cause to arrest you under the relevant state statute. Period. No exceptions. No defense allowed. As a matter of law, there is no allowable margin of error.In California, the relevant state statute is CVC 22349 or CVC 22356. Theoretically, the officer could also cite you under CVC 22350, but California has anti-speed trap laws that allow you to appear in court to defend yourself. Under CVC 22350, you simply appear in court and ask to see the relevant traffic engineering survey; and if the prosecution does not produce a certified copy of the engineering study, your case will be dismissed upon request. Since California does not do any substantive engineering studies for its highways, your case would be easy to defend, which is why you are not likely to receive a ticket under CVC 22350 by the California Highway Patrol.Conclusion - The answer to the second part of the question requires an understanding of the two legal standards in the USA: The Basic Speed Rule versus Statutory Speed Limits. Taking the question exactly as it is stated, and with the above points in mind, the answer to the question is as follows:It is legal to drive 80mph under the Basic Speed Rule, but illegal to drive 80mph within the context of the statutory speed limit.Unfortunately, the vast majority of times, these two legal standards are in conflict. In other words: Motorists are cited for speeding when they are, as a matter of fact, driving safely. Perhaps the most shocking fact is that the majority of speeding tickets, approximately 90% of all speeding tickets, are written to drivers who are driving at the safest possible speeds i.e. 75th percentile to 95th percentile.Another shocking fact is that mortalities actually INCREASE substantially when speed limits are under posted. Writing tickets generates a lot of revenue for the government, but this means that politicians and police officers are killing motorists: I call this the "Highway Death Tax". And it needs to end. This is why I created the Motorist Union.There is one additional point that I'd like to make concerning the constitutional rights of motorists. The use of INVENTED NUMERICS to arrest motorists is unconstitutional for many reasons. In the interest of brevity, I will focus only on the 4th Amendment:The US Supreme Court decided in Whren vs. U.S. that probable cause is a necessary prerequisite for any traffic stop:The Fourth Amendment guarantees "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Temporary detention of individuals during the stop of an automobile by the police, even if only for a brief period and for a limited purpose, constitutes a "seizure" of "persons" within the meaning of this provision. See Delaware v. Prouse, 440 U.S. 648, 653 (1979); United States v. Martinez Fuerte, 428 U.S. 543, 556 (1976); United States v. Brignoni Ponce, 422 U.S. 873, 878 (1975). An automobile stop is thus subject to the constitutional imperative that it not be "unreasonable" under the circumstances. As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. See Prouse, supra, at 659; Pennsylvania v. Mimms, 434 U.S. 106, 109 (1977) (per curiam)In the context of a speeding violation, we assert that the legal test for probable cause turns on the adjudication standard set by Congress i.e. the Basic Speed Rule of UVC 11-801. Simply stated, if a motorist is driving in a “reasonable and prudent” manner, there is no probable cause to arrest them. States cannot prove that their statutory speed limits do not target “reasonable and prudent” drivers, because their regulatory standard has no probative factual, legal, or engineering foundation; therefore, the regulatory standard enforced under statutory speed limits results in an unknown number of arrests that are made in the absence of probable cause: A clear violation of the 4th Amendment of the US Constitution (emphasis).More importantly, we argue that any stop that is made solely for violating a statutory speed limit (sic), in the absence of any probative empirical, scientific, or engineering evidence that justifies the statutory speed limit, is necessarily pretextual. Numerous US Supreme Court cases, including Whren vs. U.S., have made it clear that pretextual arrests violate the 4th Amendment requirement of “probable cause”.The essence of our argument here is that if the numeric limit (and/or its enforcement threshold) are “spurious”, then the “probable cause” to arrest is also “spurious”. When we say “spurious”, we mean there is no probative empirical, scientific, or engineering justification.As to any argument that the wholesale violation of 4th Amendment protections from illegal seizure should continue in the interest of custom, established practice, or stare decisis, we turn to the Supreme Court decision of Arizona v Gant; where the unconstitutional search powers granted to police officers vis-à-vis New York v Belton was overturned:“The doctrine of stare decisis is of course “essential to the respect accorded to the judgments of the Court and to the stability of the law,” but it does not compel us to follow a past decision when its rationale no longer withstands “careful analysis.” Lawrence v. Texas, 539 U.S. 558, 577 (2003). We have never relied on stare decisis to justify the continuance of an unconstitutional police practice. And we would be particularly loath to uphold an unconstitutional result in a case that is so easily distinguished from the decisions that arguably compel it.”If we compare the statutory enforcement thresholds of the several states, we find some states using 55 MPH on interstates (Oregon), and some states using thresholds as high as 85 MPH (Texas). And there is no probative empirical, scientific, or engineering justification for any of them, because none of the several states set their highway and interstate speed limits based on the “reasonable and prudent” standard of UVC 11-801. Therefore, we argue that these statutory speed limits must be declared arbitrary and capricious, pretextual, and unconstitutional after a “careful analysis”.It is time for all states to articulate how/why the “spurious” numbers of 55-85 MPH establishes “probable cause” that motorists are violating the “reasonable and prudent” adjudication standard set by Congress under UVC 11-801. There are limited ways that the states can prove that their INVENTED NUMERIC thresholds are not spurious, such as empirical data, scientific studies, and engineering covenants that support their contention. But this is where things become “sticky”.Assuming arguendo that a single state such as California can show that its regulatory standard of 70/75 MPH is THE threshold that properly establishes violations of the “reasonable and prudent” standard, “probable cause” for arrest, no rebuttable defenses, etc.: In that scenario, the US DOT must explain why the other 49 states are not using the 70/75 MPH thresholds. After all, the Highway Safety Act of 1966 requires uniformity of application, expectation, and adjudication.The bottom line is this: More than 50 million speeding tickets are written every year, and there is absolutely no probable cause for over 99% of these arrests. How long will Americans continue drinking the Kool-Aid?If you would like to help put an end to the non-sense of statutory speed limits, then please donate to the Motorist Union at the Motorist Union paypal account. And please educate as many motorists with this information as you can. Your life, or the life of someone you love, may depend on it.Richard ColterPresident - Motorist Union
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