SEMA FEDERAL AND STATE HOBBY LEGISLATION NEWS
November, 2002

 » California
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Vermont
 » Illinois
 » Rhode Island

California Opens "Specially Constructed" Class To Previously Registered Vehicles

A new California law makes previously registered kit cars and replicas eligible for the "specially constructed" designation. The law expands a California law enacted last year to provide a more accurate model year designation and emissions-system certification for these specially constructed vehicles. Last year's bill enabled only those vehicles that had never before been registered to take advantage of this classification.

SEMA, the Specialty Equipment Market Association, supported the bill sponsored in the legislature by State Senator Maurice Johannessen (R-District 4).

Under California's law, a smog test referee compares the vehicle to those of the era that the vehicle most closely resembles to determine the model year of a specially constructed vehicle. The vehicle's owner can choose whether the inspector will certify the vehicle model year or the engine model year. If there is no close match, it is classified as a 1960 vehicle. Only those emission controls applicable to the model year and that can be reasonably accommodated by the vehicle are required. The Department of Motor Vehicles (DMV) registration program is limited to the first 500 specially constructed vehicles per year that meet the criteria.

"In years past, California kit cars and replica vehicles were assigned the current model-year for smog inspection purposes," said Steve McDonald, SEMA director of government and technical affairs. "This policy unfairly subjected kit cars and other specially constructed vehicles to more stringent smog inspection requirements. Thanks to this measure, engines and vehicles will be held to the standards of the model year they represent rather than the more sophisticated vehicles of today. In addition, car owners won't be penalized for having previously registered their specially constructed vehicle."

California exempts pre-1974 vehicles from the biennial and change-of-ownership smog check requirements. Under the new law, specially constructed vehicles designated with a pre-1974 model year will be exempted from the test. Beginning in the year 2003, all vehicles 30-years old and older will be exempted.

Vermont Scraps Scrappage

SEMA and Vermont hobbyists successfully opposed two Vermont bills that would have implemented statewide vehicle scrappage programs.

The first proposal would have created a scrappage program funded by a pollution surcharge and a diesel fuel tax. The pollution surcharge would have been tied to vehicle registrations and would be more costly on expensive-and supposedly higher polluting-vehicles. Further, a voucher system would pay owners of scrapped vehicles up to $2,000, calculated so that the state pays more for scrapping vehicles that pollute the most. These vouchers could have then been used to purchase public transit tickets or a replacement vehicle identified on a state-prepared "Clean Car List" from a dealership participating in the program. The second scrappage bill proposed to dispatch portable vehicle crushers to various locations in the state to accept vehicles for crushing.

SEMA and New England area SEMA Action Network hobbyists were able to convince Vermont legislators that these programs don't work. SEMA Action Network Director Brian Caudill noted, "Scrappage remains a public policy fraud. These programs do little to clean the air. The only thing they do well is eliminate the availability of vintage cars for restoration projects and curtail the availability of inexpensive transportation for lower-income families."

SEMA would like to note that Vermont has seen several scrappage bills introduced in the last two legislative sessions. Each time, these bills have failed in no small part because Vermont SEMA Action Network enthusiasts like the American Truck Historical Society, Green Mountain Chapter, Champlain Valley Street Rods and the Adirondack Mustang Club and the New England Mopar Club have taken action.

      The Case Against Scrappage

      * Scrappage programs ignore the fact that older, particularly classic, cars are well-maintained, infrequently driven and not a substantial source of emissions reductions.

      * Scrappage programs are unfair to low-income drivers who rely on low-cost parts and transportation.

      * Scrappage programs are difficult to operate and enforce. They are also subject to fraud.

      * Scrappage programs are inferior to other programs, such as VOLUNTARY emissions system repair and upgrade programs, which both cleans the air and keeps the cars on the road.


Vermont Anti-Hobby Inoperable Vehicle Bill Dies

Vermont area hobbyists and SEMA defeated a bill reintroduced in the Vermont legislature to expand the definition of "junkyard" to include any place of outdoor storage of four or more "junk" motor vehicles that are visible from a public highway.

Had this legislation passed, hobbyists working on multiple collector vehicles on private property would have been regulated as businesses. "This legislation showed a tremendous lack of understanding of the vehicle hobby on at least two levels," claimed Brian Caudill, director of the SEMA Action Network. "First, inoperable vehicles are not always 'junk.' A '40 Ford Panel truck parts-car is not 'junk' to a street rodder. A late '60's beater with a bashed rear-end is a goldmine for someone building a muscle car. Secondly, pursuing the old car hobby is expensive enough without the government intervening to regulate and tax what you do as a hobby the same way they would a business."

SEMA is thankful to the many Vermont hobbyists who helped kill this bill. We would particularly like to highlight the efforts of SEMA Action Network member American Truck Historical Society, Green Mountain Chapter.

Illinois Hobbyists Defeat Goofy Operable Vehicle Removal Legislation

Illinois SEMA Action Network clubs and contacts were able to defeat truly "extraordinary" Illinois legislation (H.B. 3399) that would have allowed county boards to declare certain operable vehicles on private property a nuisance and order their removal. Only vehicles registered as "historic" would have been exempt. Under current Illinois law, only inoperable vehicles can be targeted for removal.

Had H.B. 3399 passed, owners would have had only seven days to remove a vehicle before facing stiff fines. If the owner could not afford to move it, the vehicle could have been removed by the local law enforcement agency. 

SEMA and Illinois hobbyists successfully argued that H.B. 3399 would grant county boards subjective and unchecked authority to label legally registered vehicles - including project vehicles - as nuisances, based solely on their appearance. This would make it increasingly difficult for hobbyists to work on collector vehicles on private property and would be unfair to low-income vehicle owners, many of whom depend on the low-cost transportation that older, and naturally less pristine, cars provide.

Without question, H.B. 3399 was overreaching legislation that could have trampled on the rights of Illinois vehicle collectors, customizers, restorers, and shade-tree mechanics. SEMA would like to highlight the efforts of the following Illinois SEMA Action Network member clubs in defeating this legislation: Northern Illinois Impala Club, Allante Appreciation Group, Southern Illinois Street Machines, Heartland Vintage Truck Club, Chicagoland Buick Club, Prairie A's Antique Ford Club, Model A Ford Club of America-Salt Creek Chapter.

Rhode Island Governor Says No to Rod/Custom Legislation

Rhode Island's Governor vetoed SEMA's model legislation to create vehicle registration classifications for street rods and custom vehicles due to budgetary and election-year politics. Similar rod and custom classification legislation was signed into law in Illinois last August.

The Rhode Island bill, which passed overwhelmingly in the legislature, provided for special license plates for rods and customs, included appropriate and traditional year-break definitions for street rods, provided for the use of non-original materials and created tilting criteria that would have assigned these vehicles, including replicas, the year of manufacture that the body of the vehicle resembles.

"The Rhode Island legislation should have been a slam-dunk. It would have provided specific registration classes for street rods and customs, and would have only required them to comply with those equipment standards on the books during their year of manufacture," said Brian Caudill, SEMA Action Network Director. "The bill would have even permitted blue dot taillights and exempted street rods and customs from emissions inspections. Needless, to say, we are disappointed with the outcome."

SEMA would like to thank the members of the Rhode Island Street Rod Association for working so hard to get this legislation to the Governor's desk. SEMA and Rhode Island hobbyists vow to pursue the bill again in 2003.

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