Legislative Quick Hits: U.S. & Canada July 2009

[barebonesracecars]

Legislative Quick Hits

California Emissions Tests: SAN-opposed legislation to require annual Smog check inspections for vehicles 15 years old and older was held in the California Assembly Appropriations Committee and is essentially dead for the year. 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-1976 motor vehicles would have remained exempt under the measure. The SAN launched a statewide lobbying campaign to oppose the bill.

California Scrappage: SAN is opposing a California Air Resources Board (CARB) proposal to spend roughly $30 million annually to augment the State’s existing vehicle 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. CARB is specifically targeting for scrappage pre-1976 vehicles that are not currently required to undergo Smock Check inspections. According to CARB, allowing vehicles that are not currently undergoing registration or that have passed their Smog Check to participate greatly expands the vehicle population that can be retired. Participants would receive $1,000 per vehicle or $1,500 per vehicle if they meet low-income requirements. The proposal would also establish a pilot voucher program in the South Coast and San Joaquin Valley air basins that targets the highest-emitting vehicles and requires their replacement with newer, cleaner vehicles. Consumers would retire their vehicle at a participating dismantler, receiving an immediate compensation of $1,000–$1,500 for vehicle retirement. Consumers could then redeem their voucher at participating car dealerships toward the purchase of a replacement vehicle. CARB is proposing that the voucher compensation be $2,000 or $2,500 per vehicle depending on income level.

Michigan Inoperable Vehicles: A version of SEMA-model legislation has been reintroduced in the Michigan State Legislature that would outlaw local zoning ordinances that prohibit the hobby of collecting and restoring motor vehicles. Junked, wrecked or inoperable vehicles, including parts cars, stored on private property could still require screening from public view by fencing, vegetation or other means. The bill has been referred to the Senate Committee on Local, Urban and State Affairs.

Ohio Street Rods/Customs: SEMA model legislation to create a vehicle registration and titling classification for street rods and custom vehicles and provide for special license plates for these vehicles has been reintroduced in the Ohio State Legislature. 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 that the body of the vehicle was constructed to resemble.

Nova Scotia (Canada) Altered Height Vehicles: The SAN investigated reports out of Nova Scotia that a regulation had been adopted that would require proof that all suspension lift products had been approved by a certified engineer. The SAN expressed concerns that the criteria for passing the inspection were not documented and could then be subject to the sole discretion of the engineer. The Ministry agreed that the lack of an objective checklist posed potential problems and compromised public acceptance of the program. The inspection regulation will be put on hold while the regulatory agencies conduct an impact study which could take the better part of a year. The SAN is hopeful that the study period will allow for an opportunity to engage the Ministry further to clarify these procedures.


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Neighbors to the North
Car Club Association Fights for Enthusiasts in Canada

The National Association of Automobile Clubs of Canada (NAACC) is made up of car clubs from across the country who develop positive working relationships with government officials in support of the collector car hobby. Through these efforts NAACC members seek to promote and encourage the preservation of the automobile and its historic lore.

Working with the SEMA Action Network, the NAACC identifies and informs its membership of legislative and regulatory proposals that have an impact on hobbyists in Canada. To further their influence on policy issues, the NAACC is an Associate member of the Canadian Council of Motor Transport Administrators (CCMTA).
The leadership of the organization is comprised of approximately 20 directors representing nine of the Provinces in Canada. In addition to guiding NAACC’s policy agenda, the directors also bring local issues to the attention of the association.

Since its creation in the early 1960s, the association has a proven track record in defending the collector car hobby. In the early 1980’s the NAACC spearheaded a successful movement to have duty on collector cars and parts 25 years old and older removed. In 1996 NAACC members were successful again in dealing with Federal proposals that were to remove all 1978 and older vehicles from the public highways. With the expansion of the SEMA Action Network’s efforts into Canada in 2007, the two groups were successful in obtaining an extension for the use of competition leaded racing fuel to the end of 2010.

The NAACC also offers programs and benefit packages for its members, including officers and club members’ liability insurance for both incorporated and non-incorporated organizations. They also have negotiated member discount packages with numerous travel and work-related businesses throughout the country.
In addition to their affiliation with the SAN, Canadian car clubs are urged to join the NAACC. For more information or to join NAACC please visit http://www.naacc.ca or contact NAACC President John Carlson at Carlson44@shaw.ca.


Newly Introduced Legislation

Note: The following state bills are not laws. They were recently introduced and are currently under consideration by the respective state legislatures:

Inoperable Vehicles
Michigan SB 590: Communities would be prohibited from creating any zoning ordinances that restrict the collection and/or restoration of vehicles when they are blocked from public view.

Miscellaneous
Michigan HB 4948 & HB 4949: Creates penalties for individuals who cause accidents due to video screens within view of the driver.

New Jersey SB 2874: Permits the installation of a GPS system on the front window of a vehicle, so long as it does not obstruct the driver’s view.

Street Racing
New York AB 8438: Changes the penalty for those convicted of street racing to a felony with up to one year and one day in prison.

Pennsylvania HB 1497: Drivers convicted of street racing for a second or any subsequent offense would be charged between $200 and $1,000; or imprisoned for up to 6 months; or both.