OBI WAN
04-01-05, 11:02 AM
SEMA Action Network Continues to Score Legislative Victories for Automotive Hobbyists, Industry...
Cooperative efforts of the automotive hobbyists and the aftermarket industry who participate in the SEMA Action Network (SAN) continue to result in numerous successes in the fight against adverse and poorly formulated legislation and regulations across the country.
The SAN's determined pursuit of its pro-active legislative agenda persuaded state legislators to seek overhaul of existing statutes and create brand-new programs to safeguard and expand upon the specialty equipment aftermarket. "The year 2004 brought a series of significant legislative and regulatory accomplishments for the industry and the vehicle enthusiast community on issues ranging from equipment standards to registration classifications to emissions-test exemptions to hobbyist rights," said SEMA's Vice President of Government Affairs Steve McDonald. "On the federal side, the SAN acted on a broad range of legislative and regulatory issues critical to vehicle hobbyists. Our successes in 2004 once again demonstrated the benefits of active
industry involvement and the grass-roots potency of hobbyists across the country."
Combined efforts of SEMA, the Specialty Equipment Market Association, and the SAN have successfully addressed a number of issues in 2004.
They include:
Federal Scrappage Program: Congress is still debating the final details on legislation to update the nation's highway law, but the SAN worked with lawmakers to ensure that the bill will preserve a long-standing prohibition against using highway funds to pay for state vehicle-scrappage programs.
Federal Tire-Pressure Monitoring Systems (TPMS): NHTSA issued a proposed rule requiring that new vehicles be equipped with tire-pressure monitoring systems capable of detecting when a tire is significantly under-inflated, beginning in late 2005. The TPMS would be required to function only with the original tires and rims. The SAN is working with NHTSA to make sure the new TPMS rule does not create roadblocks to sales of aftermarket wheels to hobbyists interested in customizing or upgrading their vehicles
Forest Service Policy On OHVs: The SAN submitted comments on a U.S. Forest Service (USFS) proposal to manage off-highway vehicle (OHV) use within National Forest System lands. The rule would establish a system of roads, trails and areas designated for motor vehicle use and prohibit such use outside of the designated system. The SAN expressed support for broad national guidelines combined with local management decision-making. SAN urged strong public involvement and flexible timetables in the process of designating roads, trails and areas for motor vehicle use.
California Exhaust Noise: The end of August marked the one-year anniversary of California's exhaust-noise testing program. The California Bureau of Automotive Repair reports that about 90% of the approximately 3,000 vehicles that have undergone the state's exhaust-noise test have been certified to be in compliance with California law. The program is the result of a SAN-sponsored law that allows California hobbyists to prove their vehicles comply with state noise standards.
California Forests: The SAN supported proposals by the USFS for managing four national forests in Southern California that would open more backcountry trails to OHVs. The forests are Angeles, Cleveland, San Bernardino and Los Padres, covering 3.7 million acres from the U.S.-Mexico border to Big Sur. The plans would increase by about 2% the total backcountry acreage in the four forests zoned for motorized use, which is nearly 1.6 million acres. This would include some new trails to connect existing routes along with an informal network of roads in other areas.
Florida, Illinois, Missouri Bumper Heights: Florida and Missouri legislation to add new sections to the law relating to maximum bumper heights for motor vehicles died in the respective legislatures. The Illinois bill that prohibits operation of any vehicle, regardless of size, with a front bumper height that exceeds 28 inches or a rear bumper in excess of 30 inches was signed into law. The bill is consistent with the model legislation currently endorsed by the American Association of Motor Vehicle Administrators (AAMVA), which SEMA supports.
Hawaii Street Rods/Replicas: Hawaii Governor Linda Lingle signed into law a version of SAN-model legislation regarding street rods and replica vehicles. The new law expands the definition of "street rod vehicle" and "street rod replica vehicle" to include vehicles manufactured before 1968 or kit cars manufactured after 1967 to resemble vehicles manufactured before 1968. Previously, Hawaii allowed only vehicles manufactured prior to 1949 and replicas of these vehicles to be registered under these classes.
Illinois Inoperable Vehicles: The SAN defeated legislation that threatened to further restrict the ability of vehicle hobbyists to maintain inoperable vehicles on private property. The bill sought the removal of historic vehicles over 25 years of age from a list of vehicles exempt from county inoperable-vehicle ordinances if they are not kept within a building. Under current law, a county board may declare all inoperable vehicles a nuisance and order their disposal. This bill would have subjected ungaraged historic hobby cars to disposal and possible fines.
Kentucky Nitrous Oxide: Legislation died that threatened to ban motor vehicles equipped with nitrous-oxide systems unless all nitrous-oxide canisters had been removed from the vehicles. The SAN convinced the bill's sponsor to simply require the disconnection of the nitrous line to the engine, but the sponsor then decided to withdraw the bill rather than pursue it in committee.
Kentucky Inoperable Vehicles: The SAN amended legislation that originally sought to prohibit the collection of junked, wrecked or inoperable motor vehicles on private property and permitted local governments to provide for their removal. Under the SAN amendment, all inoperable vehicles (including parts cars) stored on private property would be exempted from the law if these motor vehicles were stored out of ordinary public view. The amended bill was on the floor of the Kentucky House of Representatives when it died at the end of the session.
Massachusetts Aftermarket Exhaust Systems: The SAN again stalled substantive action on a bill to ban the sale or installation of "an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust." It will need to be reintroduced in 2005 in order to receive further consideration by the Legislature. As in past years, the measure does not supply law enforcement with a clear standard to enforce, allowing law enforcement officers to make subjective judgments on whether or not a modified exhaust system is in violation.
Minnesota Racing: The SAN amended a Minnesota bill that, as originally drafted, would have outlawed motorsports events not sanctioned by a governmental entity and not taking place on a racetrack. If enacted in its original form, the bill would have banned traditionally legal activities such as road rallys, ice racing and autocross events. The bill's sponsor was primarily concerned with illegal street racing on public roadways. Under the SAN amendment, events taking place on public roadways where vehicles do not exceed the speed limits would remain legal, as would authorized racing events that occur on public property. The bill, with the SAN amendment, died when the legislature adjourned without taking further action.
Minnesota Snorkels: SAN helped defeat legislation that would have prohibited the operation of an OHV on public land or public waters with an air-intake pipe or snorkel that is more than six inches above the manufacturer's original air-intake pipe. The bill formally died when the Legislature adjourned for the year. The measure was introduced as a proposal for a study on the impact of OHVs on wetlands but was amended in committee to include the proposed ban on snorkel use.
Missouri Street Rods/Custom Vehicles, Emissions Exemption: The Missouri Legislature combined SAN-model legislation to create titling and registration classifications for street rods and custom vehicles with a SAN-supported bill to exempt all vehicles 26 years old and older from emissions inspections and passed both provisions. The state's Governor signed the combined measure into law. The SAN-model legislation provides for special license plates and exempts rods and customs from periodic inspections and emissions tests. It also provides for the use of non-original materials and requires an initial safety inspection based on criteria established in part by the local hobbyist community. Under the legislation, replica vehicles are assigned the same model-year designation as the production vehicles they most closely resemble. The 26-year rolling emissions-test exemption will replace current law that exempts only vehicles manufactured prior to the 1971 model year.
New Hampshire Exhaust Noise: An amended version of a SAN-sponsored bill to remove vague and subjective provisions from the state's exhaust-noise law became law without the governor's signature. Under previous law, New Hampshire deemed illegal all modifications that increased noise levels above those emitted by the vehicle's original muffler. The original SAN-drafted legislation required law enforcement authorities to prove that an exhaust system modification resulted in a noise level in excess of 95 decibels as measured by SAE test standard J1169 before issuing a citation. Deeming the 95-decibel limit too restrictive, the Legislature simply deleted provisions in the law which referenced the noise levels of the original muffler.
New Hampshire Emissions Inspections: SAN-supported legislation to exempt vehicles 20 years of age or older from the visual-inspection component of an emissions test was enacted into law in New Hampshire.
Rhode Island Exhaust Systems: SAN defeated Rhode Island legislation to classify as “defective" any exhaust system found to be in violation of the state's noise limit. The measure also prescribed fines and replacement of the exhaust system. Given that statutory roadside exhaust noise tests are rarely if ever employed, SAN was concerned that this bill's effect would have been to ban the sale of aftermarket exhaust systems of any kind.
Rhode Island Street Rod/Custom Vehicle Bill: Rhode Island enacted into law SAN-model legislation to create titling and registration classifications for street rods, custom vehicles, kit cars, replicas, etc. The SAN model defines a street rod as an altered vehicle manufactured before 1949 and a custom vehicle as an altered vehicle manufactured after 1948. The legislation exempts street rods and customs from periodic vehicle inspections and emissions inspections and a range of standard-equipment requirements. The measure also provides that a replica vehicle will be assigned the same model year designation as the production vehicle it most closely resembles and allows the use of non-original materials.
Tennessee Lighting: The SAN defeated a bill that would have prohibited motor-vehicle windshield wipers from having lights or reflectors. The SAN convinced legislators to oppose legislative initiatives that banned optional lighting equipment or accessories not related to a proven safety hazard.
Virginia Inoperable Vehicles: Virginia Governor Mark Warner signed into law SAN-sponsored legislation to significantly limit the ability of local areas to implement restrictive ordinances preventing automobile collectors from pursuing their hobby. Under the new law, at least two inoperable vehicles (or more, if a locality permits) being actively repaired or restored on private property would be exempted from any local ordinance if shielded or screened from public view. The measure defines “shielded or screened from view" as not visible by someone standing at ground level from outside of the property on which the inoperable vehicles are located.
Cooperative efforts of the automotive hobbyists and the aftermarket industry who participate in the SEMA Action Network (SAN) continue to result in numerous successes in the fight against adverse and poorly formulated legislation and regulations across the country.
The SAN's determined pursuit of its pro-active legislative agenda persuaded state legislators to seek overhaul of existing statutes and create brand-new programs to safeguard and expand upon the specialty equipment aftermarket. "The year 2004 brought a series of significant legislative and regulatory accomplishments for the industry and the vehicle enthusiast community on issues ranging from equipment standards to registration classifications to emissions-test exemptions to hobbyist rights," said SEMA's Vice President of Government Affairs Steve McDonald. "On the federal side, the SAN acted on a broad range of legislative and regulatory issues critical to vehicle hobbyists. Our successes in 2004 once again demonstrated the benefits of active
industry involvement and the grass-roots potency of hobbyists across the country."
Combined efforts of SEMA, the Specialty Equipment Market Association, and the SAN have successfully addressed a number of issues in 2004.
They include:
Federal Scrappage Program: Congress is still debating the final details on legislation to update the nation's highway law, but the SAN worked with lawmakers to ensure that the bill will preserve a long-standing prohibition against using highway funds to pay for state vehicle-scrappage programs.
Federal Tire-Pressure Monitoring Systems (TPMS): NHTSA issued a proposed rule requiring that new vehicles be equipped with tire-pressure monitoring systems capable of detecting when a tire is significantly under-inflated, beginning in late 2005. The TPMS would be required to function only with the original tires and rims. The SAN is working with NHTSA to make sure the new TPMS rule does not create roadblocks to sales of aftermarket wheels to hobbyists interested in customizing or upgrading their vehicles
Forest Service Policy On OHVs: The SAN submitted comments on a U.S. Forest Service (USFS) proposal to manage off-highway vehicle (OHV) use within National Forest System lands. The rule would establish a system of roads, trails and areas designated for motor vehicle use and prohibit such use outside of the designated system. The SAN expressed support for broad national guidelines combined with local management decision-making. SAN urged strong public involvement and flexible timetables in the process of designating roads, trails and areas for motor vehicle use.
California Exhaust Noise: The end of August marked the one-year anniversary of California's exhaust-noise testing program. The California Bureau of Automotive Repair reports that about 90% of the approximately 3,000 vehicles that have undergone the state's exhaust-noise test have been certified to be in compliance with California law. The program is the result of a SAN-sponsored law that allows California hobbyists to prove their vehicles comply with state noise standards.
California Forests: The SAN supported proposals by the USFS for managing four national forests in Southern California that would open more backcountry trails to OHVs. The forests are Angeles, Cleveland, San Bernardino and Los Padres, covering 3.7 million acres from the U.S.-Mexico border to Big Sur. The plans would increase by about 2% the total backcountry acreage in the four forests zoned for motorized use, which is nearly 1.6 million acres. This would include some new trails to connect existing routes along with an informal network of roads in other areas.
Florida, Illinois, Missouri Bumper Heights: Florida and Missouri legislation to add new sections to the law relating to maximum bumper heights for motor vehicles died in the respective legislatures. The Illinois bill that prohibits operation of any vehicle, regardless of size, with a front bumper height that exceeds 28 inches or a rear bumper in excess of 30 inches was signed into law. The bill is consistent with the model legislation currently endorsed by the American Association of Motor Vehicle Administrators (AAMVA), which SEMA supports.
Hawaii Street Rods/Replicas: Hawaii Governor Linda Lingle signed into law a version of SAN-model legislation regarding street rods and replica vehicles. The new law expands the definition of "street rod vehicle" and "street rod replica vehicle" to include vehicles manufactured before 1968 or kit cars manufactured after 1967 to resemble vehicles manufactured before 1968. Previously, Hawaii allowed only vehicles manufactured prior to 1949 and replicas of these vehicles to be registered under these classes.
Illinois Inoperable Vehicles: The SAN defeated legislation that threatened to further restrict the ability of vehicle hobbyists to maintain inoperable vehicles on private property. The bill sought the removal of historic vehicles over 25 years of age from a list of vehicles exempt from county inoperable-vehicle ordinances if they are not kept within a building. Under current law, a county board may declare all inoperable vehicles a nuisance and order their disposal. This bill would have subjected ungaraged historic hobby cars to disposal and possible fines.
Kentucky Nitrous Oxide: Legislation died that threatened to ban motor vehicles equipped with nitrous-oxide systems unless all nitrous-oxide canisters had been removed from the vehicles. The SAN convinced the bill's sponsor to simply require the disconnection of the nitrous line to the engine, but the sponsor then decided to withdraw the bill rather than pursue it in committee.
Kentucky Inoperable Vehicles: The SAN amended legislation that originally sought to prohibit the collection of junked, wrecked or inoperable motor vehicles on private property and permitted local governments to provide for their removal. Under the SAN amendment, all inoperable vehicles (including parts cars) stored on private property would be exempted from the law if these motor vehicles were stored out of ordinary public view. The amended bill was on the floor of the Kentucky House of Representatives when it died at the end of the session.
Massachusetts Aftermarket Exhaust Systems: The SAN again stalled substantive action on a bill to ban the sale or installation of "an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust." It will need to be reintroduced in 2005 in order to receive further consideration by the Legislature. As in past years, the measure does not supply law enforcement with a clear standard to enforce, allowing law enforcement officers to make subjective judgments on whether or not a modified exhaust system is in violation.
Minnesota Racing: The SAN amended a Minnesota bill that, as originally drafted, would have outlawed motorsports events not sanctioned by a governmental entity and not taking place on a racetrack. If enacted in its original form, the bill would have banned traditionally legal activities such as road rallys, ice racing and autocross events. The bill's sponsor was primarily concerned with illegal street racing on public roadways. Under the SAN amendment, events taking place on public roadways where vehicles do not exceed the speed limits would remain legal, as would authorized racing events that occur on public property. The bill, with the SAN amendment, died when the legislature adjourned without taking further action.
Minnesota Snorkels: SAN helped defeat legislation that would have prohibited the operation of an OHV on public land or public waters with an air-intake pipe or snorkel that is more than six inches above the manufacturer's original air-intake pipe. The bill formally died when the Legislature adjourned for the year. The measure was introduced as a proposal for a study on the impact of OHVs on wetlands but was amended in committee to include the proposed ban on snorkel use.
Missouri Street Rods/Custom Vehicles, Emissions Exemption: The Missouri Legislature combined SAN-model legislation to create titling and registration classifications for street rods and custom vehicles with a SAN-supported bill to exempt all vehicles 26 years old and older from emissions inspections and passed both provisions. The state's Governor signed the combined measure into law. The SAN-model legislation provides for special license plates and exempts rods and customs from periodic inspections and emissions tests. It also provides for the use of non-original materials and requires an initial safety inspection based on criteria established in part by the local hobbyist community. Under the legislation, replica vehicles are assigned the same model-year designation as the production vehicles they most closely resemble. The 26-year rolling emissions-test exemption will replace current law that exempts only vehicles manufactured prior to the 1971 model year.
New Hampshire Exhaust Noise: An amended version of a SAN-sponsored bill to remove vague and subjective provisions from the state's exhaust-noise law became law without the governor's signature. Under previous law, New Hampshire deemed illegal all modifications that increased noise levels above those emitted by the vehicle's original muffler. The original SAN-drafted legislation required law enforcement authorities to prove that an exhaust system modification resulted in a noise level in excess of 95 decibels as measured by SAE test standard J1169 before issuing a citation. Deeming the 95-decibel limit too restrictive, the Legislature simply deleted provisions in the law which referenced the noise levels of the original muffler.
New Hampshire Emissions Inspections: SAN-supported legislation to exempt vehicles 20 years of age or older from the visual-inspection component of an emissions test was enacted into law in New Hampshire.
Rhode Island Exhaust Systems: SAN defeated Rhode Island legislation to classify as “defective" any exhaust system found to be in violation of the state's noise limit. The measure also prescribed fines and replacement of the exhaust system. Given that statutory roadside exhaust noise tests are rarely if ever employed, SAN was concerned that this bill's effect would have been to ban the sale of aftermarket exhaust systems of any kind.
Rhode Island Street Rod/Custom Vehicle Bill: Rhode Island enacted into law SAN-model legislation to create titling and registration classifications for street rods, custom vehicles, kit cars, replicas, etc. The SAN model defines a street rod as an altered vehicle manufactured before 1949 and a custom vehicle as an altered vehicle manufactured after 1948. The legislation exempts street rods and customs from periodic vehicle inspections and emissions inspections and a range of standard-equipment requirements. The measure also provides that a replica vehicle will be assigned the same model year designation as the production vehicle it most closely resembles and allows the use of non-original materials.
Tennessee Lighting: The SAN defeated a bill that would have prohibited motor-vehicle windshield wipers from having lights or reflectors. The SAN convinced legislators to oppose legislative initiatives that banned optional lighting equipment or accessories not related to a proven safety hazard.
Virginia Inoperable Vehicles: Virginia Governor Mark Warner signed into law SAN-sponsored legislation to significantly limit the ability of local areas to implement restrictive ordinances preventing automobile collectors from pursuing their hobby. Under the new law, at least two inoperable vehicles (or more, if a locality permits) being actively repaired or restored on private property would be exempted from any local ordinance if shielded or screened from public view. The measure defines “shielded or screened from view" as not visible by someone standing at ground level from outside of the property on which the inoperable vehicles are located.