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EC4WDA Land Use Bulletin - SEMA/SAN

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EC4WDA Land Use Bulletin - SEMA/SAN
« on: November 29, 2007, 09:16:38 AM »
Below, please find several pieces on recent bills defeated with the assistance of SEMA\'s State Action Committees and some other land use news pertaining to EC4WDA \"realms\". Take note of the proposed bill defeated recently in Minnesota.


Virginia Replica Vehicles: A version of SEMA-model legislation to create a registration and titling class for replica vehicles was signed into law by Governor Tim Kaine. Under the new law, a replica is defined as a vehicle not fully constructed by a licensed manufacturer but either constructed or assembled from components. The measure allows these vehicles to be titled under the model year of which the vehicle is a replica and only requires that they meet safety and emission requirements as established for that model year. Replica vehicles titled under this law will be limited to no more than 5,000 miles per year as shown by the vehicle’s odometer.

Pennsylvania Emissions Exemption: SAN is supporting a bill to exempt vehicles driven less than 5,000 miles in the previous 12 months from emissions inspections. Under the measure, the vehicle must be owned by one individual for at least one year.

New Jersey Historic Vehicles: SAN-supported legislation to allow historic vehicles to be used for pleasure driving one day per week remains pending in the New Jersey Legislature. Under current law, owners of properly registered historic motor vehicles are permitted to operate them solely for exhibition and educational purposes. In order to be designated as historic, a vehicle must be at least 25 years old and owned as a collector’s item.

New York Street Rods/Customs: SEMA-model legislation to create a vehicle titling and registration classification for street rods and custom vehicles was introduced in both the New York Assembly and Senate, but not considered in committee before the Legislature adjourned for the year. The bill defines a street rod as an altered vehicle manufactured before 1949 and a custom as an altered vehicle at least 25 years old and manufactured after 1948. Under the bill, kit cars and replica vehicles will be assigned a certificate of title bearing the same model-year designation as the production vehicle they most closely resemble.

New York Grille Guards: SAN again defeated legislation to prohibit the use of grille guards attached to a
Motor vehicle’s chassis in New York. The measure relied on unsubstantiated claims that grille guards create the potential of greater harm to other vehicles in the event of a collision and obstruct airbag sensors, rendering the airbags useless in an accident. The bill sought to require owners of vehicles currently equipped with grille guards (including those purchased with this equipment from a dealership) to remove these guards.

New York Historic Fees: SAN-supported legislation to provide that historical vehicle owners only pay a one-time registration fee of $23 was not considered in committee before the Legislature adjourned for the year. The reduced registration fee would be available to owners of historical vehicles operated as an exhibition piece or collector’s item and used for club activities, exhibits, tours, parades, occasional transportation and similar uses. Under current New York law, a historical motor vehicle is either a vehicle manufactured more than 25 years ago or one which has unique characteristics and which is determined to be of historical, classic or exhibition value. The $23 one-time fee would replace the current annual fee of $23.

New York Spinners: SAN again defeated legislation to prohibit the operation of motor vehicles equipped with spinner hubcaps in New York. The bill would have subjected vehicle owners to fines of up to $750 for a third or subsequent violation. The measure also ignored the fact that custom wheels are not prohibited by federal law; manufacturers are required to notify the federal government of a safety problem or defect related to motor-vehicle equipment within five days of becoming aware of such issue; and spinner hubcaps have no proven detrimental effect on motor-vehicle safety.

Kentucky Inoperable Vehicles: A Kentucky bill that would have overturned existing hobbyist protections for inoperable vehicles,including parts cars that are stored out of ordinary public view on private property was defeated. The existing law was enacted in 2005 with the support of the state’s hobbyist community and based on SEMA-model legislation. The bill threatened to reverse the existing law without giving it a chance to work by allowing local governments to impose more restrictive standards against project cars.

Maryland 25-Year Rolling Exemption: A SAN-supported bill to exempt vehicles more than 25 years old from the state’s mandatory biennial emissions inspection and maintenance program was introduced but not considered by the Maryland Legislature. Existing law in Maryland only exempts vehicles manufactured before the 1977 model year from emissions inspection.

Maryland “Show Class” Vehicles: Maryland lawmakers introduced but did not consider SAN-supported legislation to create a new “show class vehicle” registration classification. Under the bill, “show class” is defined as a vehicle that has decorative features or alterations and is used primarily for transportation to and from shows, repair facilities,parades, holiday or weekend activities or similar uses. These vehicles would be limited to 5,000 miles per year but would be exempt from specific equipment requirements and the use and inspection of emission controls.

Massachusetts Exhaust Noise: After being stalled by SAN for the last several years, 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” remains pending in Massachusetts. The measure does not supply law enforcement with a clear standard to enforce, allowing them to make subjective judgments on whether or not a modified exhaust system is in violation.

Massachusetts Street Rods/Customs: SEMA-model legislation to create a vehicle registration classification for street rods and custom vehicles and provide for special license plates for these vehicles was approved by the Massachusetts Joint transportation Committee. The bill defines a street rod as an altered vehicle manufactured before 1949 and a custom as an altered vehicle at least 25 years old and manufactured after 1948. The bill allows kit cars and replica vehicles to be assigned a certificate of title bearing the same model-year designation as the production vehicle they most closely resemble.

Minnesota Off-Road Trucks: SAN helped defeat a bill that sought to restrict modified 4x4 trucks to minimally maintained roads and to the area specifically designated for their use. The legislation defined 4x4 trucks as four-wheeled motor vehicles manufactured to operate on public roads and subsequently modified with special tires, suspension or other equipment.

Connecticut Composite Vehicles: SAN-supported legislation to exempt composite vehicles from emissions inspections was signed into law by Connecticut Governor M. Jodi Rell. Under current Connecticut law, composite vehicles are those constructed from the component parts of two or more motor vehicles of different model years or vehicle types.
 
Eastern Lawmakers Move to Deny OHV Access to 24 Million Acres in Western States: Members of the House Natural Resources committee met to consider legislation that would set aside an unprecedented 24 million acres of public lands in the northern Rockies. This land would be designated as “wilderness” and by definition; motorized recreation would be strictly prohibited in these areas. This proposal has been reintroduced numerous times over the last 12 years. While the bill has bipartisan support, the sponsors of the measure and a vast majority of the co-sponsors are from eastern states. The breadth and magnitude of lands affected by this bill has turned this issue into an east-west debate. During the hearing, congressional members representing the affected states expressed their vehement opposition to the bill. In addition, representatives from the U.S. Forest Service and Bureau of Land Management testified on the administration’s opposition to the measure. While it is safe to assume that the bill, as written, will not become law under the current administration, this could change in the future depending on which party controls Congress and the White House. Within that context, the SAN supports compromise approaches on wilderness areas that balance the need to preserve access to appropriate motorized recreation while protecting some of our nation’s natural wonders.

 

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