- This topic has 61 replies, 9 voices, and was last updated 13 years, 9 months ago by
.
-
Topic
-
WisDOT’s Trans 123 has resurfaced, with a final draft having been submitted to the legislative committee.
The proposed rule will ban registration of post-1967 25+ year-old grey-market import vehicles, which is currently permitted under Wisconsin law.
Federal law allows import of these vehicles, but Wisconsin thinks they are unsafe and seeks to keep them from Wisconsin’s roads.
Today I received the following notice from WisDOT:
Quote:From: Johnson, Julie – DOT
Date: Tue, Aug 10, 2010 at 10:21 AM
Subject:
To:Hi all,
Attached is the Final Draft version of ch. Trans 123 that was submitted today for legislative committee review. You asked at the time of the hearing that the Department e-mail you a copy when it is submitted to the Legislature for review.
Enjoy your day.
Jewels
Jewels Johnson
Paralegal / Legis. and Admin. Rules Coordinator
DOT Office of General Counsel
Room 115-B, Hill Farms
Madison, WI 53707
608-267-3703“We don’t stop playing because we grow old; we grow old because we stop playing.” – George Bernard Shaw
Here is a bit of WisDOT’s summary:
Quote:“That is, even though federal law allows 25 year old vehicles that do not meet FMVSS (for the vehicles year of manufacture) to be imported lawfully into this country, Wisconsin will not register them for use on public roads.” (Pg. 4)“This rule does not apply to any vehicle for which a statutory registration category exists in ch. 341, Stats., including homemade, reconstructed, replica, or street modified vehicles that are eligible for registration under s. 341.268, and former military vehicles that are eligible for registration under s. 341.269 or s. 341.266(2)(a).” (Pg. 3)
Please see the attachement for the full text of the proposed rule.
[file name=Trans_123_FD_Aug_10.pdf size=69213]http://www.wiscollectorcar.com/media/kunena/attachments/legacy/files/Trans_123_FD_Aug_10.pdf[/file]
-
Replies
-
This is nearly the same crap they shoveled out 2 years ago! Sounds to me like DOT’s just trying to FORCE old vehicles into some sort of restricted-use plate category or else outlaw them. They got a large segment of the milveh owners to support restricted uses (Parade-only registration), and now those guys can’t really use their trucks. This time, DOT’s not after the milvehs, they’re after vehicles which are legally imported as Motor Vehicles by the US-DOT/NHTSA and US Customs, but which WisDOT wants to make illegal.
Here’s a hint: When WisDOT wants to change a law, they don’t actually try to do it the “American” way – by getting your elected officials to write a new law. That would take effort. It appears that WisDOT simply orders an attorney to create a “new interpretation”, and then they simply start to enforce whatever they want. The attorney who’s signature appears on this proposal is Paul Nilsen.
When it came to ex-military Steyr-Puch Pinzgauers (Google it), WisDOT ignored a Wis. Dept. of Admin. appeals court order, refusing to issue registration until Gov. Doyle signed a law into effect which ordered DOT to register them. Now, DOT’s going after civilian models.
The last time WisDOT held a public hearing over Trans-123, over 70 citizens attended in unanimous opposition. Stay tuned. It looks like we’ll all have to go back… :side:
Let’s remind these people of who writes the laws around here, and of who pays their salaries!!
Paul-Underwood wrote:
Quote:This is nearly the same crap they shoveled out 2 years ago!The only obvious differences I see are that they now make exceptions for:
[ol]
[li]Vehicles specifically allowed for in the statues (Pg. 6):Quote:This chapter applies to any vehicle presented to the department for registration under ch. 341, Stats., but does not apply to any of the following:
(a) Homemade, reconstructed, replica, or street modified vehicles that are eligible for registration under s. 341.268.
(b) Former military vehicles that are eligible for registration under s. 341.269 or s. 341.266(2)(a).
(c) Any off-road vehicle for which a statutory registration process exists in ch. 341, Stats.[/li]
[li]Vehicles manufactured before 1968 (Pg. 13):Quote:Most of the opposition at the hearing appeared to come from supporters of vehicles originally manufactured before 1968. The rule did not intend to affect these vehicles in any way, but the wording of the rule evidently was confusing to many. In response, the Department has deleted from the rule references to vehicles originally manufactured before 1968.[/li][/ol]
Having removed ex-military vehicles and pre-’68 vehicles from the proposal, they think that there is no one left to oppose it.I hope that there are a few grey-market import car collectors who will demonstrate otherwise.
-Tom
Thanks for posting the information, it is ridiculous. So the vehicles targeted are ones that don’t meet federal safety standards?
GTO Man wrote:
Quote:Thanks for posting the information, it is ridiculous. So the vehicles targeted are ones that don’t meet federal safety standards?Specifically, they are the 1968-later vehicles exempted from federal safety standards by the federal government.
The vehicles do not necessarily fail to meet federal safety standards- but they have not been certified to meet U.S. standards, since they were not manufactured for use here.
Who within the DOT has it in for these cars? I can’t see anyone being in favor of what they want to do.
GTO Man wrote:
Quote:Who within the DOT has it in for these cars? I can’t see anyone being in favor of what they want to do.We wish we knew. It is like fighting an invisible enemy.
Cowards! Show yourselves!! :angry:
There are some truly troubling aspects to this matter.
The first is that WisDOT is attempting to overrule the federal jurisdiction over this matter. FEDERAL law allows the importation of foreign motor vehicles without modification to comply with FMVSS if the vehicle is over 25 years old when imported [Title49 U.S.C. 30112(b)(9)]. This is overseen and regulated by the U.S.DOT/NHTSA and the U.S. Customs. WisDOT is attempting to assume that authority to overrule these previous determinations, a federal matter. Any vehicle which the U.S. government allows to legally enter as a “motor vehicle” should be able to be titled and registered in any U.S. state, including the Nazi republic of Wisconsin.
The second is that WisDOT is trying to do this using an Administrative Rule Change. Unlike a change to Wisconsin State Law (which requires votes of passage by the Senate Comm. for Transportation, the Assembly Committee for Transportation, the general Senate, the general Assembly, and finally a signature by the Governor), a change to the Wisconsin Administrative Code only requires that the proposal not be voted down by the Senate’s and Assembly’s Committees.
This effort by WisDOT needs to be opposed by all Wisconsin citizens, but particularly by all vehicle collectors. Pick up your phones, contact your State Senator and your State Assembly Representatives. Tell them you strongly oppose TRANS-123 and ask that they relay your opinion to the members of the Transportation Committee. CALL THEM TODAY!!
STOP TRANS-123 DEAD IN THE WATER.
UPDATE:
As of yesterday (8/17/10), this proposal has already been introduced to the Senate and Assembly committees for Transportation. This means that unless either committee objects to the proposal by August 31, the change will automatically go into effect, essentially becoming law. (This is the troubling aspect of an Administrative Rule change – it’s easy for DOT to slip through.)
IF this goes into effect, many foreign collector cars will become illegal in Wisconsin. (Think of the Leland Minis, MG’s, Jags, Ferraris, etc.) This will not effect any vehicles originally sold in the US by their manufacturer. It will effect many of the most rare cars which were individually imported.
You may not own an affected car. But it’s important for everyone to provide support for those who are affected. This time it might be “them”, but next time it may well be you!
What can YOU do?
We need to convince the Legislative committee members to hold a Public Hearing on this proposal, and then convince them to object to this proposal. Here are links to both the Senate and the Assembly transportation committee members. Check the lists to see if your representatives are on either committee. If they are on the committee, ask them for a Public Hearing and to object to the proposal on your behalf. If they are not on the committees, ask them to speak to the committee members for you.
Locate your Representatives here.
Senate Committee
Assembly CommitteeDOT will claim that they need this change to protect us from “foreign race cars” being licensed. This is pure hogwash, as existing Wis. Equipment Laws already protect the public from such vehicles being operated on our roads. DOT wants to extend their existing authority to be able to arbitrarily toss vehicles off our roads. They did it three years ago to the owners of Steyr-Puch Pinzgauers. Thanks to Sen. Erpenbach, Rep. Pope-Roberts, and Gov. Doyle, we were able to successfully get a law passed to protect the Pinzgauers. But who’s on the “witch hunt” list next? YOU???
DEFEAT WisDOT’s TRANS-123!!
I will be contacting them later today. This is unbelievable. Don’t they have anything better to do with their time or is this someone’s ‘pet project’.
GTO,
Glad you asked. Private vendetta is what I believe. From what I’ve been privy to, Christopher Klein (former #3 guy at DOT, and now in Madison govt.!!) pointed the finger at Frank Busalacchi, Secretary of DOT., during a conversation with Sen. Erpenbach’s office about ex-military vehicles. This latest attempt seems to be aimed at the same sort of vehicles (ie. legally imported antique vehicles which lack a FMVSS sticker).
Unbelievable is an understatement.
Frankly, they DO have better things to do with their time and our money!!
Maybe if they quit pi$$ing our money away, they wouldn’t have to raise our registration fees so often!! But frankly, the DOT attorney on this case, one Paul Nilsen, seems more concerned with furthering DOT’s agenda than respecting citizen’s rights. I think he’s just mad over losing the ex-mil issue.
Citizens should DEMAND that DOT administer existing laws. DOT sneaking around and sliding rule changes through without adequate public notice and comment is unfair, unreasonable, and unacceptable. The current DOT management seems incapable of acting honorably. We employ ’em. Let’s get the bums tossed out!!
Call Nilsen. He’ll tell you that he’s only trying to do what’s right to keep Wisconsin highways safe, and that this new rule change is designed to protect us from “foreign race cars” being driven on our roads. The truth is, existing Wisconsin Equipment requirements (Ch. 347 Wis. Stats. & Trans305 Wis. Admin. Code) already protect us sufficiently. Tell Nilsen that DOT should do their jobs, and enforce those existing laws.
REMEMBER, THE DEADLINE FOR ACTION IS AUGUST 31.
NOTE: In case anyone is wondering why I’ve got such an interest in this, here’s why. DOT cancelled my title and license on my Pinzgauer in ’07. I, and others, fought for nearly 3 years, defeating them in Dept. of Admin. appeal court, and finally got a new law enacted to protect our vehicles. I will answer any questions about this that you have. Feel free to contact me for details.
Paul Underwood
608 437-3465
Tell everyone you know.I spoke with Sen. Erpenbach’s office again today, and confirmed that the deadline is Aug. 31, 2010.
Ask your Senator and your Assembly Representative to push the Transportation committees to hold a Public Hearing on Trans-123.
Call their offices today!
I know that Jewels Johnson personally….. She went to the same gym as me. I think i will bring this up to her next time i talk with her.
- You must be logged in to reply to this topic.