Arkansas Enacts SEMA Street Rod/Custom Vehicle Bill Into Law
Arkansas joined the growing list of states to enact SEMA-model legislation to amend the vehicle titling and registration classification for street rods and create a classification for custom vehicles. The bill was approved by the Arkansas State Legislature and signed into law by Governor Mike Beebe.
Under the new law, a street rod is defined as an altered vehicle manufactured before 1949 and a custom as an altered vehicle at least 25 years old and manufactured after 1948. Most importantly, kit cars and replica vehicles will be assigned a certificate of title bearing the same model-year designation as the production vehicle they most closely resemble. Arkansas joins Virginia, Washington, Colorado, Hawaii, Illinois, Maine, Missouri, Montana and Rhode Island as states that have enacted similar bills into law.
The new law allows for the use of non-original materials, provides for special license plates and permits the use of blue-dot taillights. In addition, the measure exempts street rods and customs from a range of standard-equipment requirements and emissions controls (only that equipment required in the model year that the vehicle resembles). Vehicles titled and registered as street rods and custom vehicles may only be used for occasional transportation, exhibitions, club activities, parades, tours, etc. and not for general daily transportation.
"The new law recognizes the unique nature of these vehicles as hobbyist cars," said SEMA Vice President, Government Affairs Steve McDonald. "For many vehicle enthusiasts in Arkansas and throughout America, building, maintaining and enjoying their vehicles is a favorite pastime. This law represents an opportunity to acknowledge their commitment to the hobby and to protect it for future generations."
The new law is the product of months of consultation with state legislators, regulators and the local hobbyist and business community. Arkansas State Representative Johnny Key, the bill's sponsor, remarked, "It's been great working with the street-rod community in our state. We've managed to craft and pass a piece of legislation that inserts common sense into titling and registration for customs and street rods to the benefit of the hobbyist community statewide."
"Backed by the hard work and perseverance of Representative Key, we are extremely gratified that Arkansas has joined the list of states that recognize street rods and customs as distinct classes of vehicles," McDonald added. "The new law offers the benefit of also including qualifying replicas and kit cars in these specialty-vehicle titling and registration classifications."
The model bill will continue to be pursued by SEMA in states that either don't have registration classifications for these vehicles or have laws that are lacking in some way. SEMA efforts are ongoing this year to work with the state legislatures in Florida, New York, Nevada and Massachusetts on this initiative and to add others to that list in the coming legislative sessions.
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California Legislative Lowdown
The SAN members in the Golden State are again engaged in a very active legislative session with numerous proposals being considered by the California Legislature. Among them are changes to the state's emissions-testing program, surcharges on "gas guzzlers," and year of manufacturer license plates for historic vehicles.
One of the more harmful proposals would require annual smog-check inspections for vehicles 15 years old and older. Under this bill, pre-'76 vehicles would continue to be exempt from smog checks. However, vehicles 15 years old and older-presently '76-'92-would move from a biennial test to annual tests with the clear intent of moving them into the scrappage program.
On a more positive note, the SAN is working with the California Attorney General's office and the Department of Motor Vehicles in support of legislation that seeks a reasonable solution to California's vehicle registration and titling process so that motor vehicles (including hobby cars) can become properly registered in the state. In the past, California's complex vehicle registration laws have created confusion among state hobbyists and those charged with applying these laws at the ground level. The result has been that certain hobbyist vehicles may be erroneously titled or registered.
The bill provides amnesty from prosecution to those who, within a reasonable period of time, voluntarily retitle their vehicles and pay appropriate fees and penalties.
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LEGISLATIVE QUICK HITS
Arkansas Historic Vehicles: Facing opposition from SAN members, legislation that threatened to amend the state's current law governing historic or special-interest vehicles to require that these vehicles be at least 30 years old and pay a $25 registration fee was withdrawn. Under current Arkansas law, historic vehicles are only required to be 25 years old or older and historic vehicle owners are only required to pay a $7 registration fee.
Florida Street Rods/Customs: Florida is on the verge of joining the growing list of states to enact SEMA-model legislation to amend the vehicle titling and registration classification for street rods and create a classification for custom vehicles. The bill was approved by the Florida Senate and is moving on a parallel track in the House. Under the bill, a street rod is defined as an altered vehicle manufactured before 1949 and a custom as an altered vehicle at least 25 years old and manufactured after 1948. Importantly, kit cars and replica vehicles will be assigned a certificate of title bearing the same model-year designation as the production vehicle they most closely resemble.
Hawaii Exhaust Systems: SAN members defeated a Hawaii bill to ban vehicles equipped with an exhaust system "that has been modified to make more noise or sound than the vehicle made when manufactured." The measure would have allowed law enforcement officers to seize and impound a vehicle upon making a subjective determination that the vehicle was in violation.
Idaho Replicas: A bill to create a registration classification for replica vehicles has been approved by the Idaho House of Representatives. Under the bill, a replica is defined as a vehicle made to replicate any passenger car or truck previously manufactured using metal, fiberglass or composite materials. Replica vehicles would be required to look like the original vehicle being replicated but may use a more modern drivetrain. Replica vehicles would only be required to meet federal safety and emissions standards in effect for the year and type of vehicle being replicated.
Illinois Inoperable Vehicles: SAN-opposed legislation that would have further restricted the ability of Illinois vehicle hobbyists from maintaining inoperable vehicles on private property will not be considered by the Legislature. The bill sought to redefine "inoperable motor vehicles" to include vehicles incapable of being lawfully driven on state highways in full accordance with Illinois vehicle laws. The bill would have also expanded the definition of inoperable vehicles to include dismantled and unlicensed vehicles. Under current law, localities may authorize fines and disposal of inoperable vehicles on public and private property.
Kentucky Inoperable Vehicles: SAN-opposed legislation that would have overturned existing hobbyist protections for inoperable vehicles, including parts cars that are stored out of ordinary public view on private property, died when the legislature adjourned for the year. The existing law was enacted in 2005 with the support of the state's hobbyist community and based on SEMA-model legislation. The proposed bill threatened to reverse the existing law without giving it a chance to work by allowing local governments to impose more restrictive standards against project cars.
Maryland "Show-Class" Vehicles: Maryland has introduced legislation to create a new "show-class vehicle" registration classification. Under the bill, "show class" is defined as a vehicle that has decorative features or alterations and is used primarily for transportation to and from shows, repair facilities, parades, holiday or weekend activities or similar uses. These vehicles would be limited to 5,000 miles per year but would be exempt from specific equipment requirements and the use and inspection of emissions controls.
Montana Exhaust Noise: SAN-sponsored legislation to permit vehicles with modified exhaust systems that do not emit an excess of 95 decibels as measured by SAE test standard J1169 was approved by the Montana House of Representatives and is pending approval by the full Senate. Under the SAE standard, a sound meter is placed 20 inches from the exhaust outlet at a 45-degree angle, and the engine is revved to three-quarters of maximum-rated horsepower. The highest decibel reading is then recorded.
Montana Collector Items: Legislation that would clarify that collector-vehicle owners must pay only a minimal one-time registration fee was approved by the Montana Legislature and sent to the state's governor for his signature. Under Montana law, collector vehicles must be more than 30 years old and not be used for general transportation.
Nevada Replicas: The SAN is working to enact a version of the SEMA-model kit-car legislation in that state. Under the bill, custom vehicles are defined as replicas of vehicles manufactured before 1968. These vehicles will be assigned a certificate of title bearing the same model-year designation as the production vehicle they most closely resemble, will only be required to have equipment required in the model year listed on the title and will be exempt from emissions inspections and controls.
Pennsylvania Modifications: The Pennsylvania State Legislature has introduced legislation to include modifications or alterations to a motor vehicle that violate state motor-vehicle inspection laws and regulations among offenses cited as "unfair methods of competition and unfair or deceptive acts or practices."