Sam Memmolo
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DRIVING FORCE -
January 2005
The SEMA-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, a replica vehicles is assigned the same model-year designation as the production vehicle it most closely resembles. In 2004, car hobbyists scored a major victory when SEMA's model bill was enacted into law in Rhode Island and Missouri. The bill was previously enacted in Illinois in 2002. The Missouri measure also exempted all vehicles 26 years old and older from emissions inspections. The 26-year rolling emissions test exemption replaced a law that exempted only vehicles manufactured prior to the 1971 model year. The SEMA-model bill stipulates that vehicles titled and registered as street rods and custom vehicles may be used only for occasional transportation, exhibitions, club activities, parades, tours, etc. and not for general daily transportation. The model bill is the product of consultation with the Hot Rod Industry Alliance (HRIA), local police departments, regulators and hobbyists. "We are extremely gratified that Montana, Massachusetts, Mississippi and
Maine could soon join the others on the list of states that recognize street
rods and customs as distinct classes of vehicles," said SEMA Vice
President, Government Affairs Steve McDonald. "Of extreme interest to
these states and of huge benefit to hobbyists is that the model bill also
includes qualifying replicas and kit cars in these specialty vehicle titling
and registration classifications." Anyone interested in reviewing the model bill or obtaining information on how to pursue a plan to enact the model into law in their state should contact Steve McDonald at stevem@sema.org.
SAN Closes Out 2004 with Victories in
New Jersey
and Pennsylvania Enthusiasts in New Jersey scored a legislative victory against a measure that would have unreasonably restricted the hours of operation of motor-vehicle racetracks. The bill, which was withdrawn for the year, would have prohibited the operation of racetracks located within a one-mile radius of residential housing before 11:00 a.m. and after 10:00 p.m. on Monday through Saturday. On Sundays, tracks could have operated only between 11:00 a.m. and 7:00 p.m. These time restrictions would have made operating any race facility nearly impossible. The measure represented an attempt by a small group of New Jersey residents to silence racing without regard to racing enthusiasts. The legislation would have imposed a statewide, one-size-fits-all approach to racetrack control, ignoring the significant economic and recreational benefits these facilities provide. SAN members in Pennsylvania also rallied together to oppose legislation that would have effectively prohibited the use of exhaust systems other than a "factory-installed muffler" or a "muffler meeting factory specifications." The measure died when the Pennsylvania Legislature adjourned for the year without taking action on the legislation. The timing of the introduction of the bill, coming just one week before the end of the legislative session, signaled that legislators were prepared to rush this bill through the hearing process. The bill's sponsors failed to recognize the numerous benefits provided by aftermarket exhaust systems, choosing instead to perpetuate the erroneous assumption that enthusiasts who equip their vehicles with modified exhaust systems are involved in illegal street racing. As written, the bill would have made it nearly impossible for hobbyist to replace factory exhaust systems. Supporters of the measure ignored the fact that aftermarket exhaust systems are proven to improve vehicle performance and efficiency without increasing emissions. In a remarkable sequence of events, the Executive Director of the Pennsylvania Transportation Committee contacted the SAN within 15 minutes of the action alert being sent out asking that we "call the dogs off." "I am in awe by the rapid and overwhelming response by SAN members in standing up on behalf of the auto hobby," said newly appointed SAN Director Jason Tolleson. "Sponsors of these measures witnessed firsthand the effectiveness of this fast-acting, enthusiast-driven effort. "The SAN is truly grateful for the numerous contacts in New Jersey and Pennsylvania whose quick action led to the defeat of these bills. Should these measures be introduced again in 2005, I look forward to working with SAN members to defeat such narrow-sighted legislation."
SEMA Comments on Proposed Changes to Forest Service Roadless Rule "Decisions regarding OHV access are best determined at the local level, ensuring that a proper balance between access and preservation is achieved," said SEMA Vice President, Government Affairs Steve McDonald. "The USFS should take advantage of this petitioning process to correct inaccurate roadless designations and include uninventoried routes that are well known to users and state officials but do not appear on current USFS maps," McDonald added. Given the overwhelming response to the proposed rule, it is uncertain at this time if and when a final decision will be released by the USFS.
Hey, That's My Car! '32 Roadster Turnin' Heads
Owner: Bob Hibbs,
St. George, Utah Specs: Harwood body; Harwood chassis; 350/350; Ford 8-inch with 3.90 gears; Walker radiator; Rootlieb three-piece hood; Pete & Jake's 4-inch tubular drop axle and four-link; rear ladder bars (all suspension chromed); Wheel Vintique steelies and Coker whitewall tires; GM tilt colum;, Lokar shifter with 8 ball; LeCarra mahogany banjo wheel; custom tonneau cover, Flowmaster 40 Series muffler; fully upholstered trunk. Thanks to all who have sent in or e-mailed us photos. Please continue to send us photos of your trail rides, restorations in progress, rod runs, car shows, charity events and drag races. Kindly submit pictures to: The Driving Force, SEMA, 1575 South Valley Vista Dr., Diamond Bar, CA 91765. You also may send high-resolution digital pictures (minimum resolution of 300 pixels per inch; minimum 5 inches wide) by e-mail to carrw@sema.org .
Federal Government Urged to Withdraw Rule Banning Enhanced
Replacement Headlamps SEMA filed a Petition for Reconsideration challenging NHTSA's authority to issue a rule that failed to comply with long-standing policy of basing federal safety standards on performance rather than design criteria. NHTSA did not supply any objective facts demonstrating a need for a design-based application of FMVSS No. 108, a prerequisite for issuance of a safety standard. For example, NHTSA did not produce any evidence that a restrictive rule would reduce traffic accidents, deaths or injuries. The action even contradicts NHTSA's previous decision to withdraw its rulemakings on issues concerning glare, since the agency admits there is not currently enough information on which to make any lighting rule changes. SEMA also contends that NHTSA engaged in an illegal rulemaking procedure that will nevertheless be subject to court review. "The agency's interpretation effectively establishes an original-equipment standard for headlamp light sources and holds that the original-equipment light source type cannot be modified or otherwise altered by aftermarket manufacturers seeking to improve the lighting of a given vehicle," said SEMA President and CEO Chris Kersting. "There is absolutely no industry support for a design-restrictive application of FMVSS No. 108." Public comments against the new interpretation represented all aspects of the industry including automobile manufacturers, trailer manufacturers, motorcycle manufacturers, lighting manufacturers (both original equipment, replacement and specialty equipment), manufacturers of other motor vehicle equipment, the trucking industry and an association of vehicle owners. "We are prepared to fight on behalf of automotive enthusiasts who seek to responsibly accessorize, modify and improve the safety or their vehicles with aftermarket lighting equipment," said SEMA Vice President, Government Affairs Steve McDonald. "There is no legitimate justification for preventing enthusiasts from using lighting systems that meet federal standards," added McDonald. SEMA requested that NHTSA suspend enforcement of the amended rule pending final consideration of the Petition.
SEMA Recommends Changes to Tire-Pressure Monitoring System Plan "Auto enthusiasts and the motoring public have a legitimate expectation that the TPMS will continue to operate properly when replacement or alternate tires and wheels are installed," said Stuart Gosswein, SEMA's Government Affairs Manager. "As written, the rule would require only that the TPMS work when the vehicle is first sold. This is not good enough The TPMS must also work whenever the tires/wheels are replaced or swapped out. This may be the day after the vehicle is sold and an enthusiast wants new wheels for enhanced performance or styling. In order to overcome this hurdle, NHTSA must require vehicle manufacturers to share all information necessary to permit installation and servicing of aftermarket tires and wheels." All new vehicles would also be equipped with a dashboard malfunction indicator to alert the driver that the system was not working. SEMA cited this as yet another reason to require access to servicing information, to ensure that the indicator continues to work properly with all appropriate tire/wheel combinations. NHTSA is expected to issue a final rule in mid-2005, with a two-year phase-in period beginning in September 2005.
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Montana, Massachusetts, Mississippi, Maine
Among States Considering SEMA-Model
Street Rod/Custom Bill