<< Back to Driving Force, December 2012
2012 in the Rearview
Reflections on Our Automotive Passion
As the dawn of a new year rapidly approaches for the SEMA Action Network (SAN), a glance into the rearview mirror is only fitting. Election Day is permanently in the books and while these federal, state and local races have been decided and many questions have been answered, uncertainty will continue to linger among the electorate as the post-election future unfolds.
Our hobby will undoubtedly continue to be under constant scrutiny, so we must remain vigilant and continue to unify as a group. We anticipate that more hard-fought battles will be waged in 2013, most prominently in the fight to convince the Congress to support legislation preventing the U.S. Environmental Protection Agency (EPA) from permitting sales of E15 until an affirmative scientific study has been conducted. As such, we will continue to build productive relationships with lawmakers to strengthen our voice on Capitol Hill and in the states. In the meantime, sit back and enjoy the victories achieved in the year concluded, from the U.S. Senate and state resolutions designating Collector Car Appreciation Day to our efforts to save the Bonneville Salt Flats, from our work to protect off-road access to Johnson Valley, to our success opposing legislation to ban aftermarket exhaust systems, from the implementation of SEMA-model street-rod/custom vehicle titling legislation to our opposition to increased fees and taxes for specialty hobby vehicles.
Due to your active involvement in this cause, it's been another great year...and with that we wish you a happy holiday season and a bright and prosperous 2013.
STATE UPDATE
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California Hot-Rod Emissions Project: For the past several years, the SAN worked with the legislature and state agencies to provide protection for owners of improperly or illegally titled and registered specially constructed vehicles (SPCNS). Under a looming threat of prosecution, this program was pursued to help vehicle owners and builders avoid confiscation of cars and felony law enforcement actions. On July 1, 2011, an amnesty program to allow proper registration of previously registered SPCNS went into effect. The program ended on June 30, 2012. For owners that may have misrepresented the value of the vehicle or its model year at initial registration, this law provided a method to obtain legal title/registration.
California Legacy Plates: Governor Jerry Brown signed into law SAN-supported legislation to establish the California Legacy License Plate Program. Under the new law, the Department of Motor Vehicles (DMV) will create and issue a series of specialized license plates that replicate plates from the state's past. Previously, classic car owners could only revive well-maintained older plates that matched the vintage of their vehicle. The law requires that at least 7,500 applications for any one particular plate must be received by the DMV on or before January 1, 2015.
California Collector Car Appreciation Day: State Senator Tony Strickland issued a certificate of recognition for Collector Car Appreciation Day. Mayor Jacqui Irwin of Thousand Oaks issued a similar certificate. |
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Connecticut Antique/Rare/Special Interest Motor Vehicles: SAN helped defeat legislation that threatened to increase the age requirement for vehicles eligible for registration as "antique, rare or special-interest motor vehicles." Under the measure, vehicles seeking registration under these categories would have been required to be at least 30 years old. Currently, vehicles 20 years old or older are eligible for this status and special license plates. For the purpose of property taxes, the bill also increased the maximum assessment of these vehicles to $2,500, rather than the current $500. |
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Hawaii Audio Equipment: Legislation to ban the installation, ownership or use of any car with aftermarket speakers more than 6.5 in. in height or depth, five-speaker aftermarket system, aftermarket speakers more than 100 watts, and aftermarket speakers installed external to the passenger compartment or in an open hatch back was defeated. The measure was discriminatory toward aftermarket products, as it did not seek to limit systems installed by the original vehicle manufacturer or dealer.
Hawaii Collector Car Appreciation Day: Two resolutions were approved by the Hawaii State Legislature recognizing July 13, 2012, as Collector Car Appreciation Day. |
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Idaho Collector Car Appreciation Day: Idaho Governor Butch Otter issued a proclamation recognizing July 13, 2012 as Collector Car Appreciation Day. |
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Iowa Ethanol: The SAN defeated legislation that would have changed labeling requirements on gas pumps to only require labeling for unblended gasoline and E85. Current state law requires labeling when gasoline is blended with any amount of ethanol. If the bill had been enacted, it would have removed labeling requirements for ethanol blended gasoline containing 15% or less ethanol, thereby increasing the risk of misfueling and potential engine damage. Unblended gas is required to be labeled, but no guarantee was made that unblended gas would be available. |
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Maryland Historic Vehicles: The legislature tabled legislation that originally threatened to limit the use of historic vehicles, despite the inclusion of SAN amendments that would have protected historic vehicle owners. House and Senate lawmakers intend to further research the issue. The SAN has committed to bill sponsors that it will continue to participate in efforts to help enact a version of the bill next year that will allow these vehicles continued eligibility for the historic class upon their 20th year, not require collector insurance policies and retain the "occasional use" provision. |
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Massachusetts Exhaust Systems: A SAN-opposed bill to ban the "use and sale of any exhaust pipe that increases the sound emission of any vehicle including motorcycles" has been assigned for study. The study order authorizes a committee to investigate the bill and report to the Legislature the results and its recommendations, together with a draft of legislation necessary to carry the recommendations into effect. This action killed activity on the bill for the year. Several other Massachusetts bills were assigned for similar studies, including a bill to provide for the adjustment of registration fees based on vehicle weight. |
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Michigan Historic Vehicles: Governor Rick Snyder signed into law a SAN-supported bill to allow unlimited use of historic motor vehicles during the month of August. Under previous law, use of historic vehicles was limited to participation in club activities, exhibitions, tours, parades, and similar uses, including mechanical testing, but not for general transportation. The law provides historic vehicle owners the opportunity to enjoy recreational driving during August in addition to the other sanctioned uses.
Michigan Automotive Heritage Month: The Michigan State Senate approved a resolution to commemorate August 2012 as Automotive Heritage Month in the state. |
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Nebraska Ethanol: Persuaded by the opposition of the SAN, legislation to remove labeling requirements on pumps dispensing ethanol-blended gasoline was defeated. Current law requires labeling when gasoline contains 1% or more alcohol, including labels for pumps dispensing E10. The bill would have made it impossible for owners to know whether the gasoline they put into their vehicles contained any ethanol, making unintentional misfueling and engine damage more likely.
Nebraska Special Interest Vehicles: SAN-supported legislation to create a registration class and special license plate for special-interest motor vehicles was signed into law by Governor Dave Heineman. The new law authorizes a single license plate on the rear of special-interest vehicles. Special-interest motor vehicles are defined as vehicles "of any age which are being collected, preserved, restored or maintained by the owner as a leisure pursuit and not used for general transportation of persons or cargo." Under a SAN-drafted amendment, special-interest motor vehicles can be driven for occasional transportation, public displays, parades and related pleasure or hobby activities. The SAN worked to delete provisions that would have forced owners to account for all daily-driver vehicles, submit a sworn affidavit that the vehicle would not be used for daily transportation and maintain the vehicle essentially unaltered from the original manufacturer's specifications. |
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Nevada Collector Car Appreciation Day: Las Vegas Mayor Carolyn G. Goodman and the Las Vegas City Council issued a proclamation declaring Collector Car Appreciation Day in the city. |
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New Jersey New Car Exemption: In 2010, SAN-supported legislation to extend the emissions inspection exemption to vehicles five model years old or newer was signed into law, subject to approval by the U.S. Environmental Protection Agency (EPA). Previous law only exempted vehicles four model years old or newer. The EPA incorporated revisions to the state's plan to include the extension of the new vehicle inspection exemption from four years to five years. This action acknowledges that it is senseless to test newer vehicles, the results of which demonstrate no significant air quality benefits. |
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New Mexico Collector Cars: New Mexico Governor Susana Martinez issued a proclamation designating July 13, 2012, as Collector Car Appreciation Day in the state. |
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New York "Gas Guzzlers": SAN-opposed legislation to establish a progressive purchase surcharge for some new motor vehicles based on state calculations of carbon emissions was defeated. Depending on the vehicle purchased, this surcharge could have required owners to pay up to $2,500 more for the vehicle. Funds collected under the program would have been used in part to fund discounts for hybrids and electric cars.
New York Collector Car Appreciation Day: The New York State Assembly approved a resolution memorializing Governor Andrew Cuomo to proclaim July 13, 2012, as Collector Car Appreciation Day in the state. |
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North Carolina Emissions: SAN-supported legislation to extend the emissions inspection exemption to vehicles three years old and newer was signed into law by Governor Bev Perdue. Previous law required the inspection of all '96 and newer vehicles. The new law acknowledges the relatively minimal environmental impact of the newer vehicles targeted for the exemption. |
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Pennsylvania Year-of-Manufacture Plates: SAN-supported legislation to provide vehicle owners the option of using vintage, original model-year license plates on antique and classic vehicles was signed into law by Governor Tom Corbett. Under the measure, vintage plates must have been issued by the state between the years 1906 and 1975, must be provided by the vehicle owner and legible from a reasonable distance. |
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Texas Street Rods/Custom Vehicles: The Texas DMV issued its policies and procedures for issuance of titles and specialty license plates to vehicle owners seeking to register their vehicles as street rods or custom vehicles. The policy also provides for a basic safety-equipment inspection. These procedures were drafted pursuant to the 2011 enactment into law of SEMA-model legislation. 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 also allows for the use of non-original materials and creates a titling and registration criterion that assigns these vehicles the same model year designation as the production vehicle they most closely resemble. Due to a flawed interpretation of the law by the DMV, all vehicles seeking registration as street rods and custom vehicles must carry a title with a "replica" brand-even those vehicles altered from original steel bodies. The SAN is currently working with members of the Legislature to seek additional legislation to correct this flaw. |
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Utah Vintage Travel Trailers: A SAN-supported bill to create a statutory definition of a "vintage travel trailer" and provide for a one-time $40 registration fee was signed into law by Governor Gary Herbert. Under the law, vintage travel trailers would also be eligible for a special group license plate and would be exempted from wheel cover, mudguard, flap or splash apron requirements. The new law defines a "vintage travel trailer" as a travel trailer, camping trailer, or fifth-wheel trailer that is 30 years old or older and primarily a collector's item that is used for participation in club activities, exhibitions, tours, parades, occasional recreational or vacation use and other similar uses. |
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Vermont Exhaust Noise: A SAN-opposed bill to ban motor-vehicle exhaust systems that increase the noise level above the level emitted by the originally installed system died when the legislature adjourned for the year. Under the bill, violators would not have passed the state's required inspection. The bill also did not provide for the installation and use of aftermarket exhaust systems that meet an objective 95-decibel limit under a fair and predictable test and allowed law enforcement to make subjective judgments on whether an exhaust system increased noise. |
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Virginia Restoration Projects: The SAN helped defeat legislation that originally threatened to provide localities with the authority to raise, from $100 to $500, the amount charged for an annual license tax for vehicles that do not display current license plates. A substitute bill containing SAN-drafted amendments was vetoed by Virginia Governor Bob McDonnell. The SAN amendments exempted from the license tax all vehicles and parts cars stored on private property for the purpose of restoration or repair. |
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West Virginia Property Tax: A bill to provide a cap on property taxes paid by owners of antique and classic motor vehicles was vetoed by Governor Earl Ray Tomblin due to a technical issue. The bill had been amended and approved by the West Virginia State Legislature with a new $5,000 assessed value for all of these cars. Previous versions of the bill contained an assessed value provision of $1,000. Generally, the bill vetoed by the governor benefited antique and classic vehicle owners whose cars are worth more than $5,000. However, it would have penalized most antique and classic vehicle owners whose cars are worth less than $5,000. |
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Wisconsin Motor Vehicle Registration Rights: Legislation that originally sought to provide legal registration to hobby vehicles with a clear title, the required safety equipment, and that are presented in good working order was signed into law by Governor Scott Walker. Due to opposition from the Department of Transportation, the bill was amended to only benefit former military vehicles. Several favorable provisions in the bill with application to all hobby vehicles were eliminated. While the amended bill does not solve the many problems associated with registering a hobby car, it still gained the SAN's support as it improves the rules governing military vehicles. |
FEDERAL UPDATE
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Collector Car Appreciation Day: At the SAN’s request, U.S. Senators Jon Tester (D-MT) and Richard Burr (R-NC) co-sponsored Senate Resolution 452 designating July 13, 2012, Collector Car Appreciation Day. The date marked the third commemoration in what has become an annual event to raise awareness of the vital role automotive restoration and collection plays in American society. Businesses, car clubs and individuals helped organize scores of events to celebrate the day including car shows, small-business open houses and “drive your car to work” displays. |
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Low-Volume Vehicle Production: Rep. John Campbell (R-CA) introduced a bipartisan bill in the U.S. House of Representatives to enable low-volume car manufacturers to produce a range of specialty vehicles for customers nationwide. The SAN worked with Rep. Campbell to craft the “Low Volume Motor Vehicle Manufacturers Act,” which directs the National Highway Traffic Safety Administration (NHTSA) and the EPA to establish a regulatory structure to facilitate production of these cars. The vehicles include replica street rods, customs and sports cars which are primarily used in exhibitions, parades and for occasional transportation. The United States currently has just one system for regulating cars, which is designed for companies that mass-produce millions of vehicles. The bill creates an alternative regulatory framework for American manufacturers producing 1,000 or fewer vehicles a year. The cars would meet current emissions standards and companies would be permitted to install clean engines already certified by another manufacturer. The bill will be reintroduced for consideration when the new Congress convenes in 2013. |
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Bonneville Salt Flats: The U.S. Bureau of Land Management (BLM) approved a final Environmental Assessment (EA) for replenishing salt to the Bonneville Salt Flats (BSF). The BLM adopted the approach recommended by the SAN and other organizations that are members of the Save the Salt Coalition. The EA requires a permanent replenishment program that guarantees the same quantity and quality of salt is returned to the BSF as is removed under an existing potash mining lease agreement. The mining company has already exceeded the EA requirements, pumping nearly 1 million tons of salt onto the BSF over the past two years without removing any salt from the same area. The Coalition are now pursuing a public fundraising campaign to go beyond simple replenishment so that the BSF can be restored with millions of tons of additional salt necessary to achieve the goal. All contributions will be used to purchase salt and the equipment necessary to pump, transport and lay down the salt. |
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“Save Johnson Valley”: The SAN has recommended that the U.S. Marines Corps secure special use permits from the BLM when conducting troop maneuvers within Johnson Valley, California, rather than take ownership of the land as part of an expanded Twentynine Palms base. The BLM land is a designated off-highway vehicle (OHV) recreation area and site of King of the Hammers and other OHV events throughout the year. The Marines only need access to Johnson Valley for less than two months a year but are seeking ownership rights from the BLM for 56% of the land (147,000 acres). The Marines have proposed providing limited access to only 40,000 acres of that land for OHV activities during 10 months of the year. Any land transfer requires congressional approval. Congress is considering legislation that will require the Marines to study alternative ways to share the land with the OHV community, potentially to include special permits. The Johnson Valley off-road area draws at least 200,000 visitors annually and may generate as much as $191 million annually into the economy. |
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E15 Ethanol: A federal appeals court dismissed a lawsuit challenging the EPA’s decision to permit 15% ethanol (E15) content in gasoline for ’01 and newer model year cars and light trucks. The EPA made it “illegal” to put E15 in pre-’01 vehicles, but is relying on a gas-pump label cautioning motorists not to misfuel their older vehicles. The ruling is still subject to further court review. The EPA has previously limited ethanol content to 10% (E10) for most vehicles. The SAN opposes E15 based on scientific evidence that it causes corrosion with incompatible parts. SAN is seeking passage of federal legislation that would prevent the EPA from permitting E15 sales until the National Academies has conducted a study on how E15 may impact gas-powered vehicles. |
