>From SEMA for May, 2001:
California Hobbyists Kill Emissions Exemption Legislation… For Now
In a limited victory for California’s SEMA Action Network
community, legislation reintroduced in the California Senate to repeal
the state’s
“rolling” emissions testing exemption for vehicles 30 years old and
older has been eliminated––for now.
S.B. 1172, sponsored by Sen. Sheila Kuehl (D-District 23), as
originally written, sought to repeal the current pro-hobbyist exemption
and replace
it with a static emissions testing exemption for pre-1974 vehicles only.
California SEMA Action Network clubs and enthusiasts, and SEMA-member
companies were alerted about the bill and encouraged to contact their
legislators in opposition. The response was remarkable. While we can’t
say that the deluge of mail, e-mail and faxes to the legislature
convinced
Sen. Kuehl to reconstruct S. B. 1172, we can say it certainly helped!
A word of caution: Although S.B. 1172 is no longer a threat to
California’s hobbyist community, the California Air Resources Board
(CARB) may find
another way to reintroduce legislation to eliminate the rolling
emissions exemption during this legislative session. In fact, we expect
them to.
Now is not the time to slack off. We need to continue to remind
legislators of the facts: 1) Current California law recognizes the
minimal impact
that 30-year-old and older vehicles have on overall emissions
calculations
and air quality. 2) Older vehicles constitute a tiny portion of
California’s
vehicle population––currently less than 3 percent of more than 23
million vehicles––and are poor source from which to look for emissions
reductions. 3) Antique and classic vehicles are overwhelmingly
well-maintained and
infrequently driven (about one-third the miles each year of a new
vehicle).
As we mentioned last month, California legislators and
regulators are feeling the heat from their failed efforts to meet
air-quality goals and
are looking for a convenient scapegoat. The old-car hobby should not
carry
the burden of its mistakes!
SEMA Works to Fix Flawed Emissions Exemption, Collector Car Bill
Capitalizing on a long-standing relationship with California
State Senator Maurice Johannessen (R-District 4), SEMA was able to amend
yet another
bill (S.B. 800) seeking to repeal California’s current 30-year rolling
emissions exemption.
SEMA was also able to amend another section of S.B. 800 designed
to limit “collector car” status to vehicles built prior to 1975. The new
language
allows owners of vehicles 25 years old and older to have their cars
classified as collector vehicles. New language would also allow
collector vehicles to receive an emissions testing exemption. Consider
this: As
originally written with the 1975 cut-off, a hobbyist’s ‘78 Camaro,
25-year anniversary Firebird, mid-to-late ‘80’s Buick Grand National and
countless other late-model cars would NEVER be afforded collector car
status under
California law. To protect the hobby, we have to work to guarantee its
future. SEMA believes this amendment is a step in the right direction.
We’re certain our SEMA Action Network friends in their pride-and-joy 5.0
Mustangs agree with us.
A collector car owner himself, SEMA would like to thank Sen.
Johannessen for allowing these common-sense amendments to S. B. 800.
Over the
years, SEMA has worked with Johannessen to, among other things, develop a
legal
collector car definition and eliminate visual (under-hood) emissions
testing procedures. We know Sen. Johannessen to be a friend to the hobby
and we
are proud of our working relationship with his office.
SEMA Seeks Testing and Certification Program to Remedy Exhaust Noise
Enforcement Problem in California
SEMA-drafted legislation (S.B. 1081) to allow California
vehicles equipped with modified aftermarket exhaust systems to be tested
and certified to
the state’s 95-decibel noise limit is making its way through the
California
legislature. Current California law allows exhaust modifications,
modified
tailpipes or muffler tips which increase noise levels as long as they do
not exceed
the 95 (db) limit. However, current roadside enforcement of this limit is
chaotic, leading to subjective, selective and improper enforcement. Many
SEMA Action Network members––the majority of them in the import
performance scene––have been pulled over by state and local police and
cited for
improper modified exhaust systems despite having what they believe to be
legal aftermarket exhausts.
To prove our point (and educate ourselves) about the widespread
improper enforcement of current exhaust noise law, SEMA conducted a
series of
exhaust noise tests in early April to see what was what. First, we
contacted
California SEMA Action Network members to see how many folks had
received citations for excessive or modified exhaust. We were surprised
and
dismayed to learn how many fit the category! We then invited them to have
their
cars tested to see if they actually complied with California law.
Finally, we
hired a board-certified acoustical engineer and did the testing
according to the standards set out in California law. Long story short,
of the cars
we tested only one exceeded the 95db legal level––and that was only by .5
db (95.5 db).
SEMA Director of Government Affairs Steve McDonald notes that,
“S.B. 1081 seeks to provide for a procedure by which law enforcement
authorities
would have to objectively demonstrate that a vehicle exhaust system does
not
comply with the test standard set out in the California regulations.”
SEMA has worked tirelessly on S.B. 1081 and is hopeful that this
common-sense
pro-hobby and pro-industry bill will not meet with opposition in the
legislature. McDonald is cautiously optimistic: “SEMA’s goal with this
legislation is to remove inconsistencies from the California exhaust
noise law, reduce improper citations and encourage legal exhaust
modifications. We are hopeful this bill will be the answer.”
Unfair Raised Vehicle Bill Killed in Georgia
Georgia H.B. 192 sought to ban any vehicle whose suspension had
been altered to raise the vehicle more than 2 inches above factory
specifications. SEMA, along with members of the Southern Four Wheel
Drive Association, voiced its strong objections to the sponsor of the
bill
convincing him to withdraw it.
The legislation is a perfect example of an attempt to set an
arbitrary limit, with no regard for independent vehicle characteristics
such as
gross vehicle weight and suspension geometry. In addition, H.B. 192 would
have
banned raised vehicles based upon overstated concerns about
bumper-height mismatch, effectively making the vehicle manufacturers the
sole
authority on vehicle height. Finally, had H.B. 192 passed, owners of
modified rigs
would have been forced to undergo the substantial expense of reinstalling
original components.
SEMA would like to thank Georgia SEMA Action Network members,
especially the Southern Four Wheel Drive Association, for their active
opposition
to this bill.
Restrictive Vehicle Lighting Legislation Solved in Mississippi and
Arkansas
Mississippi S.B. 2737, as originally introduced, would have
banned the use of auxiliary white lights mounted on or near the rear of a
vehicle (or
visible from the rear) unless they were designed by the vehicle
manufacturer and were only functional when the vehicle was in the “park”
position.
Mississippi outdoor enthusiasts and SEMA were justifiably
concerned by this bill because it would have effectively banned the
aftermarket lighting
systems often used by hunters and campers, among others, who depend on
their vehicles to provide adequate lighting for night excursions. The
bill
also ignored the fact that auxiliary lights improve driving vision and
safety
and provided no data demonstrating the need to ban these devices.
Fortunately for Mississippi hobbyists, SEMA, with the help of
Mississippi Representative Clinton Rotenberry, was successful in amending
the bill
so that the lights can also be designed by an aftermarket manufacturer.
S.B 2737 is currently on the Governor’s desk, awaiting signature. SEMA
would like to personally thank Rep. Rotenberry for his efforts to ensure
that
this legislation does not infringe upon the rights of hobbyists.
In Arkansas, H.B. 1449 was introduced to ban the installation
and use of all headlamp covers and coatings that reduce light intensity.
SEMA was
fortunate to have its suggested amendments to permit headlamp covers
adopted, provided that they are only used when headlamp use is not
required. The bill was signed into law by the Governor. This compromise
should
allow show vehicles to be driven to and from events during daylight hours
while ensuring the safety of other drivers in times of low visibility.
Inoperable Vehicle Bill Amended in Vermont
As reported last month, Vermont S.B. 151, as originally
introduced, would have allowed government agencies to remove motor
vehicles from private
property if the vehicle did not have both a valid registration plate and
an ascertainable vehicle identification number. The vehicles could then
be
sold by the state at auction.
Vermont members of the SEMA Action Network were alerted to this
bill and the letters in opposition began to flow into the legislature.
Finally,
thanks to tireless work by Vermont hobbyist Randy Shannon, the bill was
amended so that vehicles can only be assumed to be abandoned on private
property (and therefore subject to government removal) if the owner of
the property files a complaint or is there without the owner’s
permission.
S.B. 151 passed the Senate Transportation Committee as amended
and is currently moving through the legislature. SEMA would like to
commend
Shannon on his continuing efforts to protect the rights of hobbyists in
the
Northeast.
West Virginia Inoperable Vehicle Legislation
West Virginia S.B. 201, as originally introduced, would have
allowed government agencies to remove so-called “junk” vehicles from
private
property if they are in plain view and not registered as historic.
However, this bill was recently amended to declare that a vehicle is not
“junk”
if it is (1) on the owner’s property, (2) being stored so its parts can
be
used for other vehicles and (3) the owner possesses other similar
vehicles.
While it is not clear what exactly other “similar” vehicles means, this
amendment is definitely an improvement over the original bill, which made
no
exceptions for hobbyists in the process of building or restoring project
vehicles.
Unfortunately, a similar bill (H.B. 2440) was passed by the West
Virginia House Roads and Transportation Committee and appears to be
headed for a
floor vote. This bill makes no provisions for automotive collectors and
ignores the fact that inoperable vehicles serve as a valuable and
sometimes sole source of parts. West Virginia members of the SEMA Action
Network,
such as the Vaperz Car Club, have been contacted and encouraged to write
their legislators to protect project cars and restoration projects in
their
region.
Cub Scouts and Car Shows
Jeff Mello, a Cubmaster, and his wife, Tara Baukus Mello––an
automotive journalist, have come up with a unique way of raising funds
for their
Cub Scout Pack in Simi Valley, Calif. For the past 3 years, Jeff and
Tara,
along with other parents of Scouts in Pack 3663, have put on the Cubs and
Cars
car show on the grounds of the Simi Valley Amtrak Station at 5050 Los
Angeles Avenue. Last year’s event drew 225 cars and nearly 8000
spectators. This
year’s show is scheduled for May 20.
“It costs about $400 per month just to provide the advancements
for the kids. Then there are additional expenses involved, such as
subsidizing
field trips we take as a pack,” explains Jeff. “We wanted to try
something
different from selling merchandise door-to-door.”
Due to the size of the event, a lot of work is required from the
parents (who are the sole organizers of the show), as well as a great
deal of
generosity from businesses and automotive enthusiasts. The Cubs and Cars
car show is still in need of donations for the silent auction and raffle.
It
is looking for hobby-related merchandise, from die-cast cars to books,
pictures and gift certificates. Also, you can make a cash donation to
purchase a
raffle item in your club or company’s name. If you’re interested in
helping out Cub Scout Pack 3663 or you’d like to register for the show,
contact
Tara by e-mail at: carshow@shedrives.com, call before 9 p.m. at:
805/583-3784; or send donations directly to Tara and Jeff Mello, 1062
Wilson Drive, Simi
Valley, Calif. 93065 (checks made out to: Cub Scout Pack 3663). All
donations are tax-deductible and all businesses making donations are
listed on a thank you flier distributed the day of the show.
Driving Force recognizes Tara and Jeff and all of the volunteers
and participants who make the Cubs and Cars car show such a success. It’s
another great example of how our hobby can make a positive contribution
to the community. If you’re in the Simi Valley area on May 20, we
encourage
you to stop by and see the show. Admission is free, and it promises to be
a
good time.
Newly Introduced Legislation
Note: The following state bills are not laws. They have been recently
introduced and are currently being considered for adoption by the
respective state legislatures.
Emissions
Alabama: H.B. 728 would require all non-attainment counties to implement
an emission testing program by May 1, 2003, and all other counties to
follow within 2 years after that.
Alaska: H.B. 188 would provide that vehicles with modified emissions
parts may not be considered in violation if they are at or below
standards
imposed by law.
Maine: H.B. 966 would mandate that the state adopt federal tier 2 motor
vehicle emissions standards.
Maine: H.B. 1254 would expand the enhanced emission testing program from
Cumberland county to include the entire state by Jan. 1, 2002.
Massachusetts: H.B. 3795 would provide a 1-year emission inspection
exemption for new motor vehicles.
Ohio: H.B. 171 would exempt vehicles driven less than 1000 miles per
year from emission inspections.
Pennsylvania: H.B. 990 would provide a 1-year emission inspection
exemption for new motor vehicles.
Pennsylvania: H.B. 1094 would mandate that the OBD emission inspection
system be in operation by March 1, 2002.
Pennsylvania: S.B. 645 would exempt from sales tax from parts purchased
for a motor vehicle to bring it into compliance with emission standards.
Equipment
Massachusetts: H.B. 3593 would prohibit the sale of aftermarket exhaust
systems that would amplify exhaust noise above stock levels.
Texas: H.B. 3072 would set standards for motor vehicle stop lamps.
Inoperable Vehicles
Oregon: H.B. 2019 would prohibit local governments from implementing
ordinances that would prohibit the activities of automotive hobbyists.
Texas: H.B. 2580 would include land-use restrictions under the
jurisdiction of municipalities.
Texas: H.B. 2634 would include vehicle storage on private property as an
activity that may be regulated by municipalities.
Lighting
California: A.B. 1707 would permit vehicles to be equipped with one or
two cargo lamps.
Louisiana: H.B. 874 would prohibit non-factory fog lamps on motor
vehicles.
North Carolina: H.B. 314 would prohibit drivers from burning more than
two auxiliary lamps when approaching oncoming traffic.
South Carolina: H.B. 3751 would repeal the law prohibiting the
alteration of vehicle lighting and reflectors.
Registration and Inspection
Alaska: H.B. 167 would provide for antique-vehicle license plates.
Delaware: H.B. 111 would provide for one-time registration and
inspection of antique vehicles.
Florida: S.B. 1068 would provide that rebuilt vehicles be issued decals
which must be displayed.
Georgia: S.B. 97 would allow vehicles manufactured in 1957 or earlier to
display historical plates. Currently, vehicles must have been
manufactured in 1942 or earlier.
Iowa: H.B. 594 would allow vehicles 25 years old or older to display a
single license plate.
Louisiana: S.B. 735 would exempt motor vehicles 3 years old or newer
from inspections.
Louisiana: S.B. 771 would eliminate the motor vehicle inspection
program.
Nevada: S.B. 534 would provide a special registration classification and
plates for antique trucks and truck-tractors not used for general
transportation.
New York: A.B. 5826 would provide for a one-time registration for
historic vehicles.
New York: A.B. 6977 would provide for a one-time registration fee of
$100 for historic vehicles.
Oregon: S.B. 201 would provide that antique and special interest
vehicles be issued a single license plate.
Rhode Island: H.B. 6153 would provide for a street rod registration
designation for vehicles over 25 years old that have been rebuilt or
modified for speed.
West Virginia: H.B. 2840 would repeal the motor vehicle inspection
program.
Miscellaneous
Maryland: H.B. 411 would establish a task force to study motor vehicle
salvage inspection and titling practices.
Minnesota: S.B. 1381/H.B. 1551 would provide that the Commissioner of
Natural Resources will complete an environmental assessment for any
trail building project before work begins.
Rhode Island: H.B. 6283 would permit window tinting material on side and
rear windows, provided that there is a light transmittance of 35% or
more.
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