Hobbyist Protections Added to Lessen Impact of Cash for Clunkers Program

It seemed inevitable. In response to the economic tsunami, nations around the world have enacted cash for clunkers programs to help jump-start new car sales. The United States has now joined the crowd. But, there is good news. The Specialty Equipment Market Association (SEMA) and the SEMA Action Network (SAN) persuaded Congress to spare cars 25-years and older from the scrappage heap and expand parts recycling opportunities under the new law.

Congress passed the controversial program in June. Consumers who voluntarily participate, will receive a voucher to help buy a new car in exchange for scrapping a less fuel-efficient vehicle. The SAN was able to ease the program’s effects by convincing lawmakers to include a requirement that the trade-in vehicle be a model year 1984 or newer vehicle. This provision will help safeguard older vehicles that may possess ‘historic or aesthetic value’ and are irreplaceable to hobbyists as a source of restoration parts. The measure also allows all parts to be recycled except the engine. Lawmakers were convinced to permit the drive train to be recycled if the transmission, drive shaft or rear end are sold as separate parts.

The cash for clunkers war had two battles. The first ended in mid-February when President Obama signed a clunker-free stimulus bill into law. For the previous two months, thousands of SAN members responded in force by deluging lawmakers with e-mails, faxes and phone calls in opposition to a scrappage program.
The second battle began on March 30 when President Obama embraced the idea as part of a financial aid package to help a struggling auto industry. The signal was sent—when, and not if a scrappage program would be initiated.

The SAN then focused its efforts on lessening the impact of the program on the hobbyist community.

“SEMA and the SAN are disappointed that Congress ignored evidence that vehicle scrappage programs will not achieve claimed environmental benefits,” said Steve McDonald, SEMA’s Vice President of Government Affairs. “However, we are pleased that lawmakers agreed not to include the older cars and parts that help drive the passions of many in the automotive hobbyist community.”

Under the program, consumers who agree to scrap a trade-in car that gets 18 miles per gallon or less (15 mpg or less for heavy pick-ups and vans) will receive a voucher to buy a qualifying new car. The voucher will range from $3,500 to $4,500 based on the new car’s fuel efficiency. The program primarily targets SUVs and pickups since most passenger cars manufactured during the last 25 years get more than the 18 mpg combined city/highway requirement.

The car buyer will receive a $3,500 voucher if they buy a new passenger car that was rated at 4 mpg higher than the older vehicle, or a new pickup truck/SUV that was at least 2 mpg higher than the old truck. They will receive a $4,500 voucher if the passenger car was at least 10 mpg higher and the truck/SUV was at least 5 mpg higher.

Lawmakers want the program to last one year but have only set aside $1 billion to fund car purchases made from July 1-Nov. 1, 2009.  They will seek another $3 billion later this summer to fund the program into 2010.
“It took countless meetings with lawmakers and their staff in order to secure the 25-year exemption and recycling provisions,” said SEMA Director of Regulatory Affairs Stuart Gosswein. “While it proved impossible to kill the scrappage program, lawmakers were keenly aware of the SAN’s opposition to the program and wanted to remove any unintended consequences to the hobbyist community. Your voices were heard.”

You may have heard about a new law that came into effect on February 10th. The law is a broad, sweeping law called the ‘Consumer Products Safety Improvement Act’ (CPSIA). The law was enacted as a knee jerk reaction by Congress to the importation of lead tainted toys from Mattel etc. The new laws give very strict guidelines that have had unintended consequences for many industries. Many metal alloys often contain lead. Engine casings on mini motorcycles, valve stems, spoke nipples etc all now fail the new standards. The fact that lead in metal alloys is ‘insoluble’ has escaped the Government and the CPSC. The lead content in alloys poses no health risks whatsoever. The law was entirely political, and will do little or nothing to protect our children. How many of us have seen kids sucking on motorcycles?

At this point in time, all motorcycle manufacturers have stopped selling youth motorcycles for kids age 12 or under. Honda, Yamaha, Kawasaki, Suzuki, KTM, Polini, Cobra, Polaris and OSET are all in the same boat. Any bicycle with 24″ wheels or less is now illegal to sell, although the bicycle industry appears to be ignoring the law. To be clear, none of the above companies are now selling youth motorcycles! You can NOT go to a Honda dealer and buy a CRF50, CRF70 or CRF80, or their youth ATV’s.

This is clearly a HUGE issue that needs to be fixed. With the economy in recession, what sense does it make to stop dealers selling inventory, and to effectively close thousands of American businesses, costing tens of thousands of jobs?

There is something we can do. Congressman Tom Self is a moto-Dad, and has taken up our cause. Tom has a standard letter that needs to be signed by every motorcyclist in the Country. If you go to http://www.tomself.com you will see the letter on the home page, and can sign & send in less than a minute. Here is a few links to the News…

http://www.tomself.com

http://chimotonews.blogspot.com/

http://www.msnbc.msn.com/id/29227011/

Oregon to prohibit sale of aftermarket auto parts (Write your congressman!)

Oregon Bill to Prohibit Sale of Aftermarket Parts to be Considered
by Committee on Tuesday, Feb. 10

The Oregon House Environment and Water Committee will consider legislation (H.B. 2186) to prohibit the sale and distribution of aftermarket motor vehicle parts if alternatives are available that “decrease greenhouse gas emissions from motor vehicles.” The bill is primarily focused on aftermarket tires and would authorize the Environmental Quality Commission to implement enforcement regulations, likely based on a rolling resistance calculation. The bill was introduced at the request of Governor Theodore Kulongoski.

We Urge You Contact All Members of the Environment and Water Committee (Contact Information Below) TODAY to Request Their Opposition to H.B. 2186

For those interested in attending the hearing to show your opposition, the committee will meet tomorrow, Tues., Feb.10, 2009 at 3:00 p.m.at the following address:

Oregon State Capitol
Hearing Room D, 900 Court St. NE
Salem, Oregon 97301

We Urge You to Contact the Members of the Environment and Water Committee (Contact Information Below) Immediately to Request Their Opposition to H.B. 2186

H.B. 2186 would regulate vehicle fuel economy, an authority reserved to the federal government.

H.B. 2186 could ban tires that may have improved performance, handling or appearance features, based solely on a rolling resistance rating. In addition, this program could easily distract consumers from focusing on more important safety issues such as tire inflation and overloading of vehicles.

H.B. 2186 would force consumers to purchase only original equipment manufacturer (OEM) tires because the program essentially exempts OEM-selected tires and unfairly implies that they are superior to aftermarket products.

H.B. 2186 could prohibit aftermarket parts designed to either personalize or optimize specific vehicle performance attributes including handling, towing, suspension, fuel economy, etc.

H.B. 2186 provides broad authority to government regulators and could limit a range of aftermarket parts currently available to consumers based on the subjective determination of government regulators.
DON’T DELAY! Please contact the House Environment and Water Committee immediately to urge their opposition to H.B. 2186.

Oregon House Environment and Water Committee

Representative Ben Cannon – Chair
Phone: 503/986-1446
Email: rep.bencannon@state.or.us

Representative Jules Bailey
Phone: 503/986-1442
Email: rep.juleskopelbailey@state.or.us

Representative Phil Barnhart
Phone: 503/986-1411
Email: rep.philbarnhart@state.or.us

Representative Cliff Bentz
Phone: 503/986-1460
Email: rep.cliffbentz@state.or.us

Representative Deborah Boone
Phone: 503/986-1432
Email: rep.deborahboone@state.or.us

Representative Vic Gilliam
Phone: 503/986-1418
Email: rep.vicgilliam@state.or.us

Representative Bob Jenson
Phone: 503/986-1458
Email: rep.bobjenson@state.or.us

Representative Jefferson Smith
Phone: 503/986-1447
Email: rep.jeffersonsmith@state.or.us

From the SEMA Action Network (SAN) comes this notice dated 2/10/2009. Due to the many thousands of SEMA members and SAN enthusiasts contacting their lawmakers, the “Cash for Clunkers” program has been removed from both the House and Senate versions of the economic stimulus bills pending in Congress. One proposal was an $8 billion program targeting SUVs and pickups of any year that made less than 18 mpg. You got a few grand to purchase a more fuel effecient baby truck/SUV…..your real workhorse would be crushed. The other proposal would have provided $16 billion worth of cash vouchers to individuals making less than $50,000 a year ($75K for families) who turned in their older vehicles for crushing. SEMA thanks all those who donated their time and effort to contact legislators. Keep vigilance on these legislators….. “crusher” programd do nothing to spur car sales, raise fuel economy or reduce emissions.

Old Car Emissions Exemption No Longer Threatened
in 8 California Counties

Congratulations! The California old car hobby convinced California Senate legislators to amend legislation (S.B. 1549) that sought repeal of the state’s current emissions test exemption for pre-1976 vehicles registered by new owners in the San Joaquin Valley Unified Air Pollution Control District. The District includes eight counties in California’s Central Valley. Under the original bill, after Jan. 1, 2009, new owners seeking to register a pre-1976 vehicle in these eight counties would have been subject to emissions tests for the life of the vehicle. Under the amendment, the repeal language was removed and the bill instead now requires the DMV to study the state’s special license plate programs and recommend improvements.

Thanks to all of you for contributing to this successful resolution!

Terms under which this service is provided to you: sema.org/disclaimer

SEMA’s mailing address: 1575 S. Valley Vista Dr., Diamond Bar, CA 91765

Copyright 2007. Specialty Equipment Market Association (SEMA)

As of April, 2008, SB 1567 is pending in the California which, if it passes, will allow GPS units only to be mounted on the windshield. Current California law prohibits the mounting of GPS or radar detector units on the windshield, and out-of-state vehicles can be cited as well. If this bill passes, radar detectors will still be prohibited from windshield mounting. No date for voting is set.

Butch

On Jul y 1 of this year, a new law takes effect in California. It is prohibited to use a cell phone while driving. Following is a list of Frequently asked questions published by the CHP.

_________________________________________________________________
CONTACT: Fran Clader Media Relations Office

(916) 657-7202 2555 First Avenue

Sacramento, CA 95818

Wireless Telephone Laws FAQs

Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws.

Q: When do the new wireless telephone laws take effect?

A: The new laws take effect July 1, 2008

Q: What is the difference between the two laws?

A: The first prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. (Vehicle Code (VC) §23123). Motorists 18 and over may use a hands-free device. Drivers under the age of 18 may NOT use a wireless telephone or hands-free device while operating a motor vehicle(VC §23124).

Q: What if I need to use my telephone during an emergency, and I do not have a hands- free device?

A: The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency.

Q: What are the fines if I’m convicted?

A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions. According to the Uniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76 and a second offense is $190.

Q: Will I receive a point on my drivers license if I’m convicted for a violation of the wireless telephone law?

A: NO. The violation is a reportable offense: however, DMV will not assign a violation point.

Q: Will the conviction appear on my driving record?

A: Yes, but the violation point will not be added.

- more -

Q: Will there be a grace period when motorists will only get a warning?

A: NO. The law becomes in effect on July 1, 2008. Whether a citation is issued is always at the discretion of the officer based upon his or her determination of the most appropriate remedy for the situation.

Q: Are passengers affected by this law?

A: No. This law only applies to the person driving a motor vehicle.

Q: Do these laws apply to out-of-state drivers whose home states do not have such laws?

A: Yes

Q: Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?

A: YES. A law enforcement officer can pull you over just for this infraction.

Q: What if my phone has a push-to-talk feature, can I use that?

A: No. The law does provide an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a “push-to-talk” feature.

Q: What other exceptions are there?

A: Operators of an authorized emergency vehicle during the course of employment are exempt as are those motorists operating a vehicle on private property

DRIVERS 18 AND OVER

Drivers 18 and over will be allowed to use a hands-free device to talk on their wireless telephone while driving. The following FAQs apply to those motorists 18 and over.

Q: Does the new “hands-free” law prohibit you from dialing a wireless telephone while driving or just talking on it?

A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.

Q: Will it be legal to use a Blue Tooth or other earpiece?

A: Yes, however you cannot have BOTH ears covered.

Q: Does the new hands-free law allow you to use the speaker phone function of your wireless telephone while driving?

A: Yes.

Q: Does the new “hands-free” law allow drivers 18 and over to text page while driving?

A: The law does not specifically prohibit that, but an officer can pull over and issue a citation to a driver of any age if, in the officer’s opinion, the driver was distracted and not operating the vehicle safely. Text paging while driving is unsafe at any speed and is strongly discouraged.

- more -

DRIVERS UNDER 18

Q: Am I allowed to use my wireless telephone hands free?

A: NO. Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any other electronic communication or mobile services device to speak or text while driving in any manner, even hands free. EXCEPTION: Permitted in emergency situations to call police, fire or medical authorities. (VC §23124).

Q: Why is the law stricter for provisional drivers?

A: Statistics show that teen drivers are more likely than older drivers to be involved in crashes because they lack driving experience and tend to take greater risks. Teen drivers are vulnerable to driving distractions such as talking with passengers, eating or drinking, and talking or texting on wireless phones, which increase the chance of getting involved in serious vehicle crashes.

Q: Can my parents give me permission to allow me to use my wireless telephone while driving?

A: NO. The only exception is an emergency situation that requires you to call a law enforcement agency, a health care provider, the fire department or other emergency agency entity.

Q: Does the law apply to me if I’m an emancipated minor?

A: Yes. The restriction applies to all licensed drivers who are under the age of 18.

Q: If I have my parent(s) or someone age 25 years or older in the car with me, may I use my wireless telephone while driving?

A: NO. You may only use your wireless telephone in an emergency situation.

Q: Will the restriction appear on my provisional license?

A: No

Q: May I use the hands-free feature while driving if my car has the feature built in?

A: NO. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation.

Q: Can a law enforcement officer stop me for using my hands-free device while driving?

A: No. For drivers under the age of 18, this is considered a SECONDARY violation meaning that a law enforcement officer may cite you for using a hands-free wireless phone if you were pulled over for another violation. However, the prohibition against using a handheld wireless telephone while driving is a PRIMARY violation for which a law enforcement officer can pull you over.