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Welcome to Performance Specialty Trailer Sales

"Attorney Wanted"

Attorney wanted for a Class Action Suit against the State of California on behalf of the people of California for clearly ripping them off for the past 14 years. A long overdue class action law suit that will result in a huge payday for any attorney or law firm taking it on based on the massive amount of money involved, as well as to correct an injustice against the people of California by the State of California Board of Equalization that has been going on since January 1, 2001.

 

The leg work has been done for you by a retired California Peace Officer and small business owner that is familiar with laws rules and regulations. It just has to be fine—tuned and filed on behalf of this small business owner and several thousand California John and Jane Does. The clientele list will not be a problem.

 

This scam is currently being perpetrated against the people of California daily and the state of California is forcing businesses of all sizes by threat of administrative punitive action, to act as their instrument of collection in their scam that has in fact collected an astronomical amount of money from the people as of 2001, for a DISPOSAL FEE collected daily on brand new tires that is in fact is supposed to be collected on one (1) very specific type of USED Tire, not new tires.

 

At first glance this may seem somewhat trivial until you consider the astronomical number vehicles and equipment sold daily within California that must have tires on them as a necessary component of vehicles and/or equipment to function coupled with all new tires purchased daily to replace worn out tires on any and all types of vehicles and equipment. This scam works because of the confusing and conflicting language added to the January 1, 2001 revision and no one has challenged the State of California over what appears to be a small insignificant amount of money that is collected per tire and as of 2001 this DISPOSAL FEE is included or rather hidden, within the purchase price of the new or used vehicle being purchased. Out of sight, out of mind or is it simply that it seems like just another small fee and no big deal?

 

However, consider this figure, if you can (I cannot): $1.75 is charged to the buyer for every New Tire purchased from retail stores as well as New Tires on any vehicle or equipment of any type whatsoever, NEW or USED to be used on the road, off the road, for industrial use, agricultural use, on cars, trucks, buses, motorcycles, trailers of any type, ANYTHING WITH A BRAND NEW TIRE ON IT sold every day within California, 365 days a year X 14 + years = a raw number in cold hard cash that my calculator does not have on it. Now take that number and plug in an additional dollar amount for interest on the actual amount owed back to the people of the State of California (because it should never have been collected in the first place) and again, the money involved is astronomical and one heck of a pay check for the attorney or law firm that secures the judgment against the State of California Board of Equalization. .

 

 

How did this scam happen and why? July 1, 1990 section 42885, Chapter 17 of the California Tire Recycling Act was activated. The sole purpose of this law was and still IS, to collect a DISPOSAL FEE on one each very specific type of USED Tire, a tire that can never be used again as a legal tire on the highways and roads of California.

 

This law was not established to collect a DISPOSAL FEE on new tires. It was not created to collect a DISPOSAL FEE on good used tires that will be resold as a good used tire; they are in fact exempt from the DISPOSAL FEE. It was not created to collect a DISPOSAL FEE on a used tire that will be going to a Retreading Facility to be retreaded; they are in fact exempt from the DISPOSAL FEE. The law was created to collect a DISPOSAL FEE on a Used Tire that is left with a Retail Tire Store at the time new tires are purchased and installed on a vehicle to replace a very specific type of worn out tire that is TO BE DISPOSED OF.  

 

New tires are not being left at Retail Tralier Sales outlets or New and Used Car and Truck retail outlets to be disposed of per the actual law and the move from collecting a valid, understandable DISPOSAL FEE on one very specific type of USED tire to collecting a DISPOSAL FEE on all New Tires screams scam and completely ignores the reason the law was created and the specific intent of this law.

 

The reason it is being done appears to come from those with a corporate greed mentality working within our State governmental structure that expanded the scope of the law beyond its specific intent via a few misplaced words and ignored the reason the law was created and enacted in1990 and collect the DISPOSAL FEE on New Tires.

 

 To be clear and redundant, one very specific type of USED tire is spelled out within the law and California PRC sections established by the State of California that the State BOE is clearly and will fully ignoring and in fact circumventing.

 

Again consider the actual law; if the used tire is going to be sold as a good used tire it is NOT subject to the DISPOSAL FEE. Further if the USED tire is going to a Retreading Facility to be retreaded, it is NOT subject to the Disposal Fee. Only the dead, deceased Used Tire that can never be used again as a tire on the highways of California and is left with the Retail Tire Store IT is subjected to the DISPOSAL FEE (Not new tires). The reason and specific intent of the law (42885) enacted in 1990 has not changed in spite of the words added within one single subsection of the 2001 revision to 42885.

 

Who collects the DISPOSAL FEE?  The DISPOSAL FEE was originally and logically collected at the time the tires on a vehicle were being replaced with new tires and the old used tires was removed from the vehicle and left with the retail tire store to be Disposed Of if the old tires met the standards of the Used Tire that met the description of the tire to be disposed of. The Retail Tire Store was to determine if that used tire coming off the vehicle could and would be sold again as a good legal USED Tire or if was going to a retreading facility to be retreaded or if the old used tire was to be Disposed of or not. Again; Only the USED tire to be Disposed of is subjected to the DISPOSAL FEE per 42885.

 

How the scam was put into play: as of 2001 42885 has been manipulated with just a few words simple words contained within a subsection of 42885. Where this specific subsection used to read: When sold separately from a New Vehicle (which is clearly a defining statement), it now reads; When sold separately from a New Vehicle OR any New Tire sold on any New or Used Vehicle sold in California. 

 

The addition of the one word OR followed by the words any new tire sold on any New Vehicle sold in California are now used to justify the collection of the Disposal Fee on all brand New Tires sold today and they also include New Tires on New or Used vehicles of any kind sold within California, tires that are clearly not being disposed of.

 

Further this addition in 2001 is not defining; it is in fact conflicting and confusing rather than defining and it will remain so until the year 2024. The revised 2001 paragraph (subsection) now states that the tire subject to the DISPOSAL FEE is a tire sold separately from a new vehicle AND a tire sold with a new vehicle at the same time all within the same paragraph (subsection) and that is not only confusing and conflicting, it is impossible.

 

It is abundantly clear that New Tires were NEVER the subject of the DISPOSAL FEE because of the obvious, New Tires are not being Disposed OF. What is not confusing is the reason the law was enacted in 1990, the specific intent of the law that remains the same today and that the law has in fact been hijacked in 2001 in order to collect more revenue from the people.

 

That added confusing and conflicting 2001 wordage absolutely violates the specific reason the DISPOSAL FEE was implemented in 1990 and it clearly violates the Specific Intent of the law that still exists today; to collect a DISPOSAL FEE on one very specific type of Used Tire. Keep in mind that as of January 1, 2001 a DISPOSAL FEE has been collected daily on all New Tires sold in California, including the tires on all New and Used vehicles or any type of sold vehicle or equipment, including spares, within California for the past fourteen (14) years, again the amount of money that has already been collected is staggering and astronomical. Money that was never due to the State of California in the first place, new tires are not being disposed of.

 

Attorneys who are interested, check out Chapter 17 of the California Tire Recycling Act of 1990, Article 5 Section 42885 and read it from top to bottom. Also check out PRC 42885, one of the flawed documents/handouts the BOE uses to validate their right to collect the fee and observe the areas conveniently left out from the actual law, evidence of exactly what they have done and their specific intent in distorting the actual law.

 

Note: Attorneys are welcome to call or come here for more information. But do not dip into your greed basket and ask for a retainer. If you are requesting a retainer then you do not understand the situation, you do not understand class action suits, and you do not understand that attorneys are the only ones that will ever see a huge payday, not the actual victims of the State of California. And, consequently, you do not have confidence in the case. So let us not waste each other’s time. Further assistance is available for free but not a retainer; the silver platter will be filled by your actions, here is your ammo. Help correct the problem, make a bit of history, and get paid for it.

 

 

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