ROAD SCHOLARS

Protecting Your Passion
The SAN and Its Members Look to Continue 2009’s Successes in the New Decade

The most powerful tool in protecting our hobby will always be an informed and active enthusiast. This has been reinforced by SAN members from across the United States and Canada who continue to play an active role in supporting hobby-friendly legislation all across both countries. This yearly issue of Driving Force contains a snapshot of the victories forged this year by the SAN and its dedicated members. 


STATE ISSUES

California
Emissions Tests: The SAN defeated legislation that sought to require annual smog-check inspections for vehicles 15 years old and older. The bill would also have required that funds generated through the additional inspection fees be deposited into an account which could have been used to scrap older cars. Pre-’76 motor vehicles would have remained exempt under the measure.

“Gas Guzzlers”: The SAN helped defeat legislation that would have authorized the establishment of a surcharge tax for some new motor vehicles based on state calculations of carbon emissions. Funds collected under the program would have been used in part to fund rebates for vehicles including hybrids and electric cars. The SAN opposed the bill because it would have made popular performance and luxury cars, as well as SUVs, light trucks and minivans, substantially more expensive to own without necessarily curtailing greenhouse gas emissions.

Scrappage: The SAN submitted comments opposing a proposal to spend roughly $30 million annually to augment the state’s existing scrappage program. The proposal would provide incentives for vehicles not currently eligible under the Consumer Assistance Program by removing the existing requirements that vehicles be subject to and fail smog check to participate; the agency is targeting pre-’76 vehicles that are no longer subject to emissions inspections.

Connecticut
Vehicle Noise: The SAN defeated legislation that would have required motor vehicles and devices to be operated, constructed and adjusted to prevent unnecessary or unusual noise. The bill did not define what constituted unnecessary or unusual noise. The SAN also defeated legislation that would have provided an incentive to localities to increase the number of citations issued for violation of vehicle noise regulations.

Indiana
Antiques: State hobbyist groups, working with the SAN and SEMA-member companies have reached a tentative compromise with environmental regulators on a proposal that originally sought to redefine the term “antique vehicle” in order to force more of these hobby cars into the emissions inspection program. Under existing law, an antique vehicle is defined as “a motor vehicle or motor scooter that is at least 25 years old.” Under the initial regulation, the definition would be revised to require that the vehicle must be at least 25 years old; registered and plated as a historic motor vehicle; driven a maximum of 3,000 miles per calendar year; and include federally required pollution control equipment for that make and model year. Under the compromise, these vehicles would be exempt from the mileage limit and the pollution-control equipment requirement if they were insured under a collectible vehicle automobile insurance policy.

Montana
Exhaust Noise: Montana legislation that sought to repeal a SAN-sponsored law enacted in 2007, which permits vehicles to be modified with exhaust systems that do not emit an excess of 95 decibels, died when the legislature adjourned for the year. Under the repeal legislation, Montana would have returned to subjective noise-level determinations when considering whether an exhaust system is legal.

New York
Taxing “Gas Guzzlers”: The SAN defeated legislation that would have established a progressive purchase or lease surcharge for some new motor vehicles based on state calculations of carbon emissions. Depending on the vehicle purchased, this surcharge could have required owners to pay up to $2,500 more for the vehicle.

North Carolina
Street Rods/Customs: A version of SEMA-model legislation to create a vehicle registration classification for street rods, replicas and custom vehicles was signed into law by Governor Bev Perdue. The law retains the key components of the SEMA-model bill while relieving vehicle owners of unfair title branding and inspection concerns. The measure provides specific registration and titling classes for street rods and replicas; allows for the use of non-original materials; and creates a titling and registration criterion that assigns replica vehicles the same model year designation as the production vehicle intended to be replicated.

Scrappage: The SAN defeated legislation that would have implemented a state vehicle scrappage program for passenger vehicles that were at least 14 years old. Participants would have received around $1,000–$1,500 to scrap their car and purchase a current-year vehicle under 10,000 lbs., or one from the previous three model years. All trade-in vehicles could have been destroyed, regardless of their historical value or collector interest. Had this effort been successful, hobbyists could have been denied the availability of vintage cars and parts for restoration projects.

Oregon
Aftermarket Parts: The governor of Oregon signed into law an alternative to legislation that originally sought to prohibit the sale and distribution of aftermarket motor-vehicle parts if alternatives are available that “decrease greenhouse gas emissions from motor vehicles.” Under the alternative, negotiated between the SAN and environmental regulators, the new law will only allow the state to adopt the present California certification process for aftermarket emissions-related parts, allowing parts manufacturers to meet one uniform standard, rather than a patchwork of multiple state standards.

Tennessee
Antique Vehicles: SAN-supported legislation to amend the state’s current law defining antique motor vehicles to also permit use of these vehicles for “selling, testing the operation of or obtaining repairs” was signed into law by Governor Phil Bredesen. The bill had originally sought use for everyday general transportation. The Tennessee law continues to allow use of antique vehicles for club activities, exhibits, tours and for general transportation on Saturday and Sunday.

Utah
Street Rods/Custom Vehicles: SEMA-model legislation to create a vehicle registration classification for street rods and custom vehicles was approved overwhelmingly by the Utah State Legislature and signed into law by then Governor Jon Huntsman. The new law 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 law 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.

Virginia
Inoperable Vehicles: Under pressure from the SAN, legislation which would have allowed the city of Newport News to adopt a more restrictive inoperable vehicle ordinance was withdrawn. Under the bill, the city could have adopted an ordinance prohibiting any person from keeping more than one inoperable motor vehicle on private property except within a fully enclosed building. In 2004, Virginia signed into law a SAN-negotiated bill to exempt at least two inoperable vehicles being actively repaired or restored on private property from any local ordinance if shielded or screened from public view.

Washington
Scrappage: The SAN and its members helped defeat an effort that would have implemented a vehicle scrappage program for passenger vehicles more than 15 years old. Under the bill, qualifying vehicles would have been registered for a 24-month period and in satisfactory operating condition. Replacement vehicles purchased under the plan would have been required to have a U.S. Environmental Protection Agency (EPA) highway gasoline mileage rating of at least 30 mpg. Participants in the program were to be granted a sales tax exemption for the first $2,000 of tax paid on the purchase price. All trade-in vehicles would have been destroyed, regardless of their historical value or collector interest.

West Virginia
Inoperable Vehicles: The SAN defeated legislation that sought to redefine “abandoned motor vehicles” to include vehicles or vehicle parts which are either unlicensed or inoperable, or both, are not in an enclosed building and have remained on private property for more than 30 days.

Exhaust Noise: The SAN defeated legislation that would have provided that the noise from a motor-vehicle exhaust system deemed “disturbing or unreasonably loud” constituted disturbing the peace under state law.

Wyoming
Street Rods/Custom Vehicles: 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 Wyoming Legislature and signed into law by Governor Dave Freudenthal. The new law 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 law 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.


CANADIAN ISSUES

Nova Scotia
At the request of the SAN, a regulation that would have required retailers and installers to provide proof that all suspension lift products had been approved by a certified engineer has been put on hold to allow regulatory agencies to conduct an impact study. Currently, the province has only one certified engineer available to conduct these inspections. For the time being and absent an obvious structural deficiency in the suspension equipment, inspectors will be instructed to not pass or fail a vehicle based on the fact that it has an altered ride height.

Saskatchewan
The SAN submitted technical comments to a regulatory proposal issued by Saskatchewan to regulate raised vehicles in the province. Under the proposal, all aftermarket raised vehicles operated on Saskatchewan highways would be subject to a raised vehicle inspection after January 1, 2011. The province intends to impose tiered frame height limits based on a vehicle’s rated operating weight. In addition, regulators are considering requiring owners to carry a “Letter of Authorization” issued by the province in order to operate a raised vehicle. The Letter of Authorization would signify that the vehicle has passed inspection and would be shown to law enforcement during roadside stops to demonstrate compliance with the applicable frame height limit. The province is also considering restricting the maximum speeds of raised vehicles with tires that have a loaded rolling diameter of greater than 35 inches. 


U.S. FEDERAL ISSUES

Cash for Clunkers: After months of contentious debate, lawmakers enacted a $3 billion “Cash for Clunkers” bill that paid consumers to scrap cars and trucks getting 18 miles per gallon or less in exchange for a cash voucher to buy a new car. Consumers received a $3,500 or $4,500 credit depending on the fuel- economy improvement of the new vehicle. SEMA convinced lawmakers to exclude vehicles that were 25 years old or older from being scrapped. The provision served to safeguard vehicles that may possess unique historic or aesthetic value and are irreplaceable to hobbyists as a source of restoration parts. The program also allowed all parts, except the engine, to be recycled. During the clunkers debate, SEMA argued that a better environmental approach would have been to support vehicle repairs, installation of specialty equipment to reduce emissions and increase fuel economy, and engine recycling.

Car Collector Appreciation Day: Senator Jon Tester introduced Senate Resolution 97 designating June 1, 2009, to be “Collector Car Appreciation Day.” The resolution recognizes the value in collecting and restoring historic and classic cars. It also acknowledges this as a contribution toward preserving America’s technological achievements and cultural heritage. The SAN will work with the senator to seek its reintroduction in 2010.

Ethanol-15: The SAN submitted comments to the EPA opposing a request to allow the ethanol content of gasoline to increase to 15% (from 10%). The SAN cited concern that the additional content could harm automobile parts of all ages, including special-interest collector and historic vehicles. A number of other organizations expressed similar concerns. Tests using ethanol concentrations of up to 20% have shown a notable increase in wear on vehicle fuel systems produced up through model-year ’95, and especially for pre-’90 vehicles. Fuel pumps, tanks, seals, hoses and other rubber components are particularly subject to failures. The EPA is expected to rule on the issue in December 2009.