SEMA Keeps Tabs On Dozens Of Legislative Updates This Spring

DSCN9339With the off-road race season in full swing, legislatures are getting more and more involved in the industry. But luckily instead of having to weed through all the legislative shenanigans going on in the country right now to find the ones that pertain to the off-road community, the Specialty Equipment Market Association has tracked down all the major items you as an off-road enthusiast need to know. This is April’s SEMA Law & Order update!

For the last few months, we haven’t seen very many legislative actions taken for or against the off-road community. However, that has changed in the last month and SEMA is following every update to keep you in the loop and represent in the best interest of the off-road community.

The first update we have for you comes out of Delaware where the House has voted unanimously to exempt “reconstructed vehicles” 25 years old or older from emissions testing. The bill now goes to the Senate Public Safety Committee for further consideration.

DSCN9101If passed, this bill would exempt all vehicles that are 25 years or older and were constructed mainly from a variety of different make/model parts from emissions testing. Though emission testing wouldn’t be necessary, these vehicles would have to continue to meet safety requirements and follow rules put in place for the limited use (less than 1,000 miles) of such vehicles.

The next update comes out of Hawaii, where a SEMA-opposed bill has been introduced that would require the use of special inspections and testing stations to determine if a vehicle’s exhaust system produces more noise than the vehicle did with factory exhaust.

Not only would this bill severely decrease the use of modified exhaust systems if passed, the bill also lacks exact testing procedures or the use of shops with actual decibel readings from factory exhaust systems.

In Virginia, an opposite bill has been introduced that would allow antique (25 years or older) vehicle owners to run modified or aftermarket exhaust systems on their vehicles has been introduced. If passed, this bill would eliminate the current regulations requiring factory or similar exhaust systems on all streetable vehicles.

West Virginia has also introduced an exhaust noise bill, aiming to allow vehicle owners to be able to run modified exhaust systems as long as they meet a 95-decibel limit set-forth by the state. Currently, West Virgina vehicles must run a factory or similar muffler. Law enforcement considers pretty much any exhaust modification illegal in the state currently, which would be changed with a decibel limit rather than police discretion.

DSCN9338Another update comes out of Kansas this month, where legislation has been introduced that would allow counties to remove inoperable vehicles from private property if they were deemed a nuisance. Currently, only cities have the right to remove nuisance material from private property. The current law has no provision regarding inoperable vehicles that are being maintained on private property.

Enthusiasts in both Kentucky and West Virginia are currently fighting over issues of property taxes and vehicles. In Kentucky, legislation has been introduced that would up the status of newer vehicles to “clean trade-ins” vs the current “average trade-ins,” upping the taxes. Historic vehicle owners with cars or trucks 25 years old or older would also be subject to more property taxes if the bill passes, as their vehicles will be classified as high-value collectables rather than factory originals or classics.

DSCN9368In West Virginia, enthusiasts are hoping a proposed property tax exception for all vehicles 25 years or older, including tractors and trucks, will be passed. Unfortunately, if included in the bill, these vehicles exempt from personal property taxes could not be used for daily transportation and must display current license plates.

Another hot-button issue SEMA has run into a lot in the last month is the issue of administering and/or requiring only one license plate on streetable vehicles.

In Maryland, the proposed bill pertains only to vintage vehicles, where in Washington it pertains to vehicles manufactured without a front license plate bracket. New Jersey has proposed a bill allowing all vehicles to only run one plate.

Michigan historic military vehicles may not have to display a plate on the outside of the vehicle if a bill being considered now by the House Transportation and Infrastructure Committee is passed. This pertains to historic military vehicles that don’t have proper brackets or lighting for a plate- but still a plate would be required to be displayed inside the vehicle and presented on-demand by law enforcement. West Virginia has introduced legislation that could allow for issuance of special collector plates to vehicles 25 years or older.

New Hampshire is also introducing legislation regarding license plates, but there it has to do with allowing vehicles from 1975 or earlier to run year-of-manufacture plates rather than the current group of vehicles that includes rigs manufactured in 1960 or before. New Hampshire has also introduced a bill aiming to prohibit persons from selling or offering fuel with corn-based ethanol levels higher than 10 percent.

Last but certainly not least on the state side of things is legislation introduced in both Tennessee and West Virginia aiming to exempt vehicles 25 years or older from certain taxes and fees. In Tennessee, this would entail possibly requiring antique motor vehicle owners to pay the “Privilege Tax” of $43.10 just once, or maybe not at all. West Virginia legislation aims to eliminate certain taxes and fees imposed on older motor vehicles all together.

DSCN9034

Switching to federal updates, there is just one this month and it has to deal with new model vehicles, rather than the classics most of the state legislation pertains to this month.

Major trade organizations that represent automakers, repair chains and retailers have come to an agreement that will give standardized access to manufacturer onboard diagnostic service repair information to repair shops nation wide. This means that all manufacturers of new vehicles must now make the repair data supplied to their dealers available to every repair shop.

This service does not come without a cost, however, as repair shops are being given the option to purchase such information rather than obtain it for free. Additionally, the new law will require all automakers to offer nonproprietary interfaces for vehicle diagnostics starting with the 2018 model year.

With so many updates, it’s hard to keep track of everything going on that could affect the off-road world. But the key to fighting unfair legislation is picking out the key topics that are really important to you and voicing your opinion to legislators in your state so that in the long-run, you’re just as well off if not better when it comes to rules and regulations that could affect your hobby! 

For weekly legislative updates, be sure to sign up with the SEMA Action Network here.

SEMA-April

About the author

Lindsey Fisher

Lindsey is a freelance writer and lover of anything with a rumble. Hot rods, muscle cars, motorcycles - she's owned and driven it all. When she's not busy writing about them, she's out in her garage wrenching away. Who doesn't love a tech-savy gal that knows her way around a garage?
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