Brian Caudill, Editor www.sema.org
____________________________

California Abandons Plan to Destroy Pre-1970 Cars

Under pressure from California SEMA Action Network members, environmental
groups and SEMA, legislation that threatened to allow carmakers to crush
pre-1970 vehicles in exchange for credits toward their obligations under the
state’s Zero Emission Vehicle (ZEV) program was discarded by California
legislators.
Under the abandoned bill, owners who surrendered their vehicles for
destruction would have received a voucher of at least $2,500 for purchasing
a newer vehicle. The program was intended for implementation in low-income
communities located in areas designated as having severe air pollution.
“SEMA feels strongly that the scrappage provision represented an
ill-conceived and failed approach to cleaning the air and would have
actually hurt more low-income drivers than it would have helped,” said SEMA
Director of Government Affairs Steve McDonald. “Essentially, the bill
ignored the fact that lower income car owners often cannot afford to
purchase new or even newer used vehicles with the money provided by the
program.”
SEMA has long maintained that scrappage programs rely on the flawed premise
that crushing older cars will result in increased emissions reductions. The
fact is, this is rarely the case. In particular, the bill provided no means
to verify emissions reductions from vehicles destroyed and failed to
recognize that pre-1970 cars are scarce or are rarely driven in the first
place. The legislation also made no provision for rescuing valuable parts
and parts-cars for repair and restoration projects.
SEMA Action Network Director Brian Caudill noted, “We would like to thank
the many California enthusiasts who made the effort to contact their
legislators.” Letters to legislators from SEMA Network Clubs, such as the IV
Ever Low Club, Riviera Owners Club, Buick GS Owners Club, Austin-Healey Club
of Northern California, Pomona Valley Corvette Association, Salinas Valley
Classic Chevy Club, and the Antique Automobile Club of America, Foothills
Region, may have made the difference between saving and crushing pre-1970
vehicles.

Fighting for Your Rights: Mississippi State Representative Rotenberry

SEMA Action Network members may recall that Mississippi legislation (S.B.
2737) seeking to ban aftermarket auxiliary lights mounted on or visible from
the rear of a vehicle came dangerously close to becoming law this year.
However, Representative Clinton “Clint” Rotenberry (R), a member of the
Mississippi House Transportation Committee, came to our aid, amending the
bill to permit aftermarket, as well as factory-installed, lights.
Driving Force spoke with Rep. Rotenberry to learn more about his
legislative career and his efforts to limit unnecessary legislation.
Rotenberry has served as a State Representative for almost 10 years with no
plans to retire. When asked to sum up his role as a legislator his response
was instantaneous: “To fight for the rights of individuals, including the
right to modify your vehicle.”
Rotenberry continued, “To many folks, a car is an individual statement.
As a member of the Transportation Committee, my number one concern is to
protect both individuals and small businesses from exclusionary legislation.
The legislation we worked on with SEMA is a great example. We process about
3,500 bills per session in Mississippi. S.B. 2737 was dropped in my lap
along with 30 to 40 other bills that the Transportation Committee had a week
to hear. None of us recognized that it would prohibit individuals from
installing certain aftermarket lamps and unfairly cause economic damage to
the many small businesses that sell those products. Were it not for SEMA and
the SEMA Action Network acting quickly to make me and the other Committee
members aware of the effects of the bill, it probably would have passed
right through.”
SEMA Director of Government and Technical Affairs Steve McDonald commented,
“Representative Rotenberry deserves much of the credit for the success we
had amending S.B. 2737. His willingness to listen to our concerns and to
take action to amend the bill is appreciated by Mississippi hobbyists and
SEMA members. Representative Rotenberry’s common sense approach to
law-making makes him a valuable and respected ally. We look forward to a
continued partnership with him.”
When asked how auto hobbyists could guarantee legislators hear their
voices, Rotenberry noted, “I think the most important thing you can do is
contact us and express your feelings. I don’t decide how I’m going to vote
on most issues until it’s time to do so. When someone comes to me and says,
‘Representative Rotenberry, I think you should vote this way on a certain
issue and here’s why…,’ that one conversation could very well determine
which way I’ll vote. As a legislator, my job is to be a professional
listener. Anything you can do to make me more aware about an issue is as
valuable to me as it is to you.”
On behalf of the hobby, Driving Force thanks Representative Rotenberry for
his efforts and for taking the time to speak with us. If you’d like to
contact the Representative, he can be reached by phone at 601/359-2432, or
e-mail Rotenberry@mail.house.state.ms.us.

Massachusetts Bill Banning the Sale/Installation of Custom Exhaust Systems
Set Aside for Study

Massachusetts legislation (H.B. 3593) that would prohibit the sale or
installation of “an exhaust system which has been modified in a manner which
will amplify or increase the noise emitted by the exhaust” has been set
aside for study. SEMA is hopeful that after further review this bill will be
withdrawn.
H.B. 3593 was misguidedly introduced in an effort to stem car-related gang
activity. However, SEMA is concerned that in an understandable effort to
combat crime, the rights of law-abiding hobbyists are unfairly restricted.
H.B. 3593 would prevent hobbyists from installing custom exhaust systems
designed to increase performance and efficiency without increasing
emissions. The bill would also make it difficult for hobbyists to replace
factory exhaust systems with more durable and stylish models. Finally, H.B.
3593 provides law enforcement no clear standard to enforce, allowing them to
make purely subjective judgments about whether a custom exhaust system is
legal or not.
Massachusetts SEMA Action Network members have been very active in opposing
this bill. In particular, SEMA is proud to recognize the efforts of the
Massachusetts Association of Automobile Clubs, Bearing Burners, Spindles
Auto Club of Weymouth, Dominators Car Club, Massachusetts Cruisers Club, and
the Bay State Classic Chevy Club. Without their efforts, aftermarket and
custom exhausts might have been completely banned from Massachusetts’ roads
by now.

California Exhaust Noise Bill Passes

In hopeful news for California hobbyists, the California Legislature passed
SEMA-sponsored legislation (S.B. 1081) that should compel law enforcement to
tie exhaust system noise citations to a 95-decibel limit. The bill was
initiated to address the problem of motorists —particularly those in the
import-performance scene — who drive vehicles legally equipped with modified
exhaust systems from being unfairly cited for exceeding noise limits.
SEMA initially desired a process requiring law enforcement authorities to
“objectively demonstrate” (i.e. perform a test) that a custom or modified
exhaust system did not comply with the noise level test standard before
issuing a citation. However, politics and the budget crunch brought on by
the California energy crisis precluded the original bill from being
considered.
Currently, the law and this bill may still allow officers to cite based on
a subjective determination that the exhaust system exceeds the 95-decibel
limit. This provision remains a bone of contention and SEMA continues to
work with the California Highway Patrol and others to investigate possible
solutions. Under the bill, a court may dismiss a citation if it is shown
that the exhaust system complies with the 95-decibel limit and the owner had
reasonable grounds to believe that the system was in good working order. The
bill also provides that clear aftermarket modified exhaust systems are legal
if they comply with the standard.
SEMA Director of Government Affairs Steve McDonald commented, “This bill is
an essential first step to helping protect motorists from receiving
erroneous exhaust noise citations simply because their car sports a custom
exhaust. Often, these citations are written with the absence of an actual
code violation and without regard to the practical intent of the law. Right
now, the enforcement policy used by California authorities considers nearly
all exhaust system modifications illegal, even when noise levels are not
excessive or unusual. This policy leaves hobbyists, manufacturers, dealers
and their customers without recourse.”

Federal Corner

Corporate Average Fuel Economy (CAFE) May Rise

The average fuel economy that automakers must maintain for their respective
vehicle fleets has, for the past several years, been frozen at 20.7 mpg for
light trucks and SUVs and 27.5 for passenger cars. Now, responding to the
nation’s energy crisis, lawmakers are taking a second look at raising CAFE
standards in an effort to save energy. SEMA has long argued that any CAFE
hike will force automakers to limit consumer vehicle choice, particularly in
the light truck/SUV and performance/luxury car markets, by either
eliminating or curtailing production of popular models in order to meet fuel
economy targets.
Think CAFE doesn’t affect the general public? Think again. Automotive News
recently reported a conversation between GM and Vice President Cheney in
which GM noted that a mere 3 mpg increase in the CAFE truck standard would
force them to stop building most of their full-size trucks — more than 1
million vehicles a year. Driving Force urges you to contact your U.S.
Representative and Senators to oppose raising CAFE standards.

NHTSA Takes Another Look at Rollover Ratings

The National Highway Traffic Safety Administration (NHTSA) is developing a
new, “dynamic” vehicle rollover rating system that will theoretically be
based upon actual driving and maneuverability testing. Preparation of this
rating system was mandated by the TREAD Act, vehicle safety legislation that
passed Congress in the wake of the Ford-Firestone controversy last year.
NHTSA’s rollover testing results will be made public through a consumer
information program and will likely replace the “static” mathematical
calculation (dividing a vehicle’s track by the height of the center of
gravity) that is used in the current five-star rollover rating system. SEMA
has consistently questioned the validity of NHTSA’s current ratings because
they exclude real-world factors, such as vehicle handling characteristics,
driver behavior, plus road and weather conditions.
NHTSA’s current listing of rollover ratings are available at www.nhtsa.dot.gov/hot/rollover/index.html.

Texas Says Yes to Voluntary Emission System Repair and Upgrade

In a small victory for Texas hobbyists and SEMA, Texas Governor Rick Perry
signed into law a bill that allows counties to incorporate VOLUNTARY
emissions-system repair and upgrades into their inspection and maintenance
programs as one of several options available to qualified motorists.
“SEMA remains adamantly opposed to scrappage, as it is unfair to hobbyists
and unhelpful to the environment. However, we are optimistic that the
VOLUNTARY repair or upgrade option we finally convinced legislators to adopt
will steer motorists away from the state’s vehicle scrappage program,” said
SEMA Director of Government Affairs Steve McDonald.
Under the new law, Texas will help certain car owners who wish to
VOLUNTARILY repair and upgrade their vehicles to comply with state emission
requirements. Vehicles qualifying for the program must have failed an
emissions test, be functionally operational and registered in a county
implementing the program for at least 2 years.
Of particular interest to enthusiasts, vehicles registered as classic and
those not regularly used for transportation are not eligible for the new
program. In addition, the law also creates an advisory committee composed of
parties affected by the program, including hobbyists and industry, to aid in
the development and implementation of the program. The group will help
identify and protect vehicles with intrinsic value as an existing or future
collectible.
SEMA would like to recognize the efforts of the Texas Vehicle Club
Council, North Texas Corvair Association, Texas Cadillac-LaSalle Club and
the Center for Concerned Citizens for Automotive Safety for their efforts in
fighting the senseless destruction of older cars.

Can You Believe?

You Want to Destroy What?!

Donna and Butch Chaffer received a letter from the California Bay Area Air
Quality Management District that they found difficult to believe.
It read: “Since the registration on your model-year 1966 vehicle is
expiring soon, this might be a good time to consider an alternative to
driving this vehicle. You can receive $500 for your 1981 or older car, van
or pick-up truck . . .”
The letter went on to note that the “program buys and then scraps 1981 and
older vehicles. These older vehicles have less efficient emission control
equipment and therefore produce much more air pollution than newer
vehicles.” Well, that may be true in some cases, but the vehicle in
question is Mrs. Chaffer’s completely restored El Camino, valued at about
$20,000. This is a great example of how scrappage programs that arbitrarily
seek to crush vehicles built before a given year do not take into account
factors such as the mechanical condition of the vehicle.
The Chaffers note that many of the parts they used to restore their Chevy
came from salvage yards. The supreme irony is that if programs like this are
allowed to continue, finding reasonably priced used parts will become a
thing of the past.

(If you have a horror story regarding unfair restrictions on our rights as
hobbyists or about an unfortunate run-in with the authorities, send it to us
at: andrewr@sema.org or SEMA, Attn: “Can You Believe,” 1317 F Street, NW,
Suite 550,Washington, D.C. 20004.)

Newly Introduced Legislation

Note: The following bills are not laws. They have been recently introduced
and are currently being considered for adoption by the respective state
legislatures.

Emissions

California: S.B. 433 would provide grants toward the purchase of
low-emission heavy-duty engines for vehicles.

California: S.B. 1170 would require that vehicles purchased for State-use
meet or exceed Ultra Low-Emission Vehicle standards.

Delaware: S.B. 216 would provide a tax credit toward the purchase of hybrid
and electric vehicles.

New Jersey: A.B. 3591 would implement Phase II of the California
Low-Emission Vehicle program.

Equipment

Michigan: H.B. 4988 would provide more stringent limits on new motorcycle
and moped exhaust noise.

Racing

Pennsylvania: S.B. 980 would limit the tax collected on racetrack admissions
to 40%.

[ 08-06-2001: Message edited by: peterg ]