No more NEW Registrations in Texas?

[BuggyFaron]

We just got some GREAT NEWS!!! Rep Ed Thompson who has agreed to Sponsor our bill to the House was just named as a Texas State House Transportation Committee Member! This is the committee where our bill is to be referred for discussion. That's a win!

[BuggyFaron]

It has been a pretty active day for us at the Texas State Capitol, as we have a little more news regarding Save the Texas Dune Buggy, Sandrail & Kitcar. We have confirmation as to who it is that is trying to rid Texas roads from Dune Buggies, Sandrails & Kitcars. The lobbyist for TADA (Texas Automobile Dealers Association) spoke with Ron (our lobbyist) at the Capitol & told him TADA is opposing our bill. Even though the bill has not been filed & they have not had the opportunity to read a word of it.
"The Texas Automobile Dealers Association (TADA) is the statewide trade association representing over 1,300 franchised automobile dealerships in nearly 300 communities throughout the state of Texas.TADA advocates on behalf of the dealers at the Texas Legislature, Congress, and all regulatory agencies.”
For those of you who do not know General Counsel for TADA has been involved with this issue from the start, yet they have been VERY Closed lipped at EVERY MEETING!
When discussions on the safety of our cars was brought up, and we asked how a Dune Buggy, Sandrail or Kitcar was less Safe then a Motorcycle. Tada had nothing to say.
When we asked why the TxDMV felt that a Assembled Vehicle was less safe than that of a Motorcycle, Hot Rod, Rat Rod, etc., and the TxDMV responded with "Those vehicles are in a different catagory". TADA had nothing to say.
When we asked the TxDMV for data to PROVE that our Vehicles were unsafe. TADA had nothing to say.
When we showed the TxDMV that NHTSA had written a letter talking about how an Assembled Vehicle was not governed by the Federal Government, & that it was up to the individual State to regulate them. TADA had nothing to say.
When we showed Graphics of how other categories of vehicles modified their chassis in much the same way as a person did for an Original Dune Buggy, and the TxDMV only said that those vehicles were in a different category. TADA had nothing to say.
When Jeremiah Kuntz, the Director of the Vehicle Titles & Registration Division for the TxDMV directly asked TADA General Counsel what they had to say about the 3 Working Group Meetings that were set up by the TxDMV Board of Directors. TADA had nothing to say.
Of all the time and money that has been spent thus far during both Working Group Meetings as well as TxDMV Board Meetings that TADA has been DIRECTLY INVOLVED in. TADA has had nothing to say.
Fast forward to today when their lobbyist told ours, that TADA will be opposing our bill BEFORE they have even had a chance to read it. Stating that they are doing so because they heard they were unsafe automobiles. This is 100% disgusting, Friends!
Folks, we now have absolute confirmation who our enemy is! At the right time we will need EVERYONE to call their legislator and give them the facts. They need to hear from US the Builders & Owners what the facts are in regards to our vehicles, and NOT the distorted arguments that TADA will give.
The FIGHT is on, & that is all we have for now!

[Tom_Kathleen]

Faron - it looks like you have come upon a strong opponent to the cause in the TADA. Almost like fighting the NRA for gun laws. I guess the question is why they don't want dune buggies on the road. If you can find out why to this question, you may have a better chance to win this fight. Tom
_________________
Manxter #16, 1968 Meyers Manx & Kick-Out SS #16 (WIP)
Manx Club & CVA

[BuggyFaron]

Tom, I just explained the why on the Facebook page. A "Special Interest Group" getting into the mix, now everyones heads start spinning because it doesn't make sense. Sure it does, & it does have to do with the all mighty dollar. Dune Buggies, Sandrails & Kitcars represent a VERY small population of the Title/Registered vehicles on the road. I'd venture to say... less than 1%. However, we are a GREAT way for this "Special Interest Group" to test the waters while they start a process of pushing forward. They start with our small group, and if they win, they move on to the next group while using us as an example of how they are trying to help get what THEY deem unsafe off the road. Moving up until the ONLY vehicles on the road are bought and sold from members of the "Special Interest Group". If they lose, the cost to them was minimal in their eyes, and they will head back to the drawing board to look for another method to reach their goal. The subject goes FAR Deeper than this, but the point is made!

[Tom_Kathleen]

Thanks for that explanation. I hope you can appeal to the Texas legislature that a "freedom" is being taken away from the residents of your state. I would have thought that Texas was a strong proponent of freedom. You probably can't win if the issue is money, but you have to try, and I really hope you win. Tom
_________________
Manxter #16, 1968 Meyers Manx & Kick-Out SS #16 (WIP)
Manx Club & CVA

[BuggyFaron]

Thank You for all the support Tom, you are appreciated!

[EVfun]

[BuggyFaron]

Yes Sir, a Senior Federal Government Affairs Director has been involved for just about a year now.

[BuggyFaron]

I need every member who lives in District 30 or the Wichita Falls area, to email me their contact information at [email protected] ASAP. This is important and I will explain in a response email.

https://www.texastribune.org/directory/districts/tx-senate/30/

[BuggyFaron]

Senator, Pat Fallon of District 30 or the Wichita Falls Area is looking at lending a hand to Save the Texas Dune Buggy, Sandrail & Kitcar, but first, he would like to see a list of names of people who live in his District 30. If you are open to helping the cause in this way, please email me your contact information to [email protected] ASAP. https://www.texastribune.org/directory/districts/tx-senate/30/

[BuggyFaron]

Okay, Ladies & Gentlemen things are starting to heat up & we are going to ask that you to get involved in order to help in one way or another. As of this moment, we are looking for people who call District 87 home, to email your information to [email protected] (We are looking for Name, City/Town, County, Email, & Phone number). That information will be forwarded to your State Senator in order to show that he/she has constituents (or voters) in his district that are interested in this issue. The more we have the BETTER!

[didget69]

[didget69]

[BuggyFaron]

This is the moment, that we have all been waiting for! Our bill has been introduced by Representative Ed Thompson of House District 29. The bill number is 86 (R) HB1755 , just click the link and you will be able to read it. Rep. Thompson is VERY enthusiastic about our bill, especially after reading some of the transcripts of the Board Meeting that we have attended.
We are still in talks with a couple of Senate Members, but we haven't narrowed it down to just one member to introduce our bill to the Texas State Senate as of the close of business today!
https://capitol.texas.gov/tlodocs/86R/billtext/html/HB01755I.htm

[BuggyFaron]

We have some extraordinary news for you this morning! We got word yesterday evening that Senator Bryan Hughes will file the Senate companion bill to HB 1755! This is such incredible news. I told you that we were starting to pick up steam! We now have the bill ready to be voted on in both the House & the Senate! Feeling GREAT!

Check out his outstanding resume!

Occupation: Attorney
Education: BBA, the University of Texas at Tyler; JD, Baylor University School of Law
Legislative Experience: House Member, 2003 - 2017; Senate Member: 2017 - present
Hometown: Mineola
Party: Republican
Senator Bryan Hughes is serving his first term in the Texas Senate, representing the 16 coun­ties of Senate District One in Northeast Texas. He previously represented District Five in the Texas House.
Born and raised in East Texas, Bryan attended Tyler Junior College and the University of Texas at Tyler, receiving his BBA in Economics, cum laude, and becoming the first member of his family to receive a Bachelor’s degree. He later graduated from Baylor University School of Law and served as law clerk to U.S. District Judge William Steger of Tyler before entering private practice.
He has received numerous awards for his work in the Legislature, including the Taxpayer Champion Award from Texans for Fiscal Responsibility and the Horizon Award from Texas Right to Life. He also has been named Defender of the American Dream by Americans for Prosperity and Guardian of Small Business by the National Federation of Independent Business. Mothers Against Drunk Driving honored Senator Hughes as 2017 Legislator of the Year.
Senator Hughes promotes individual opportunity and personal liberty so that everyone can experience the American Dream.

[BuggyFaron]

We are up and running, Our bill has now been introduced in both the Texas State House as well as the Senate!
You can google them.
86(R) HB-1755 Representative Thompson District 29
86(R) SB-1462 Senator Hughes District 1

[BuggyFaron]

This is an example of what was used to talk to Legislators about Assembled Vehicles. I post this in hopes that it will help get into more detail of the bill that has been introduced, you can research the actual rule by googling.

86(R) HB-1755 Representative Thompson District 29
86(R) SB-1462 Senator Hughes District 1

If you would like to make a Donation, please go to PayPal and donate to [email protected]

For up to date information please follow along at
https://www.facebook.com/groups/SavetheTexasDuneBuggy/

1. What is the purpose of the proposed legislation?
The proposed legislation is to create a new section of the Texas Transportation Code that defines Assembled Vehicles and how these vehicles would be regulated by the Texas Department of Motor Vehicles. The new section of the Transportation Code will provide definitions of Dune Buggies, Sandrail & Kitcars to ALL be defined as Assembled Vehicles, to describe and define the legal ability for a hobbyist to assemble the vehicle, the definition and methodology to have the vehicle legally inspected by a certified state inspector, the method by which the vehicle is tiled and registered, and the appropriate fees that accompany titles and fees for Assembled Vehicles.

2. What is the issue being addressed by this legislation?
The issue being addressed by the legislation is to provide clarity in the law as to what is an Assembled Vehicle. Currently, an Assembled Vehicle is defined only in the TxDMV manual, not in statute, yet there are state inspection forms that accompany an Assembled Vehicle to be used for the ability to gain a title, registration through the normal DMV/DPS process. As a result of the lack of clarification, Kitcar companies and those customers that assemble kitcars and Dune Buggies & Sandrails, that have had their vehicles legally inspected, have received proper insurance, and have in many cases received title and registration, have had their title and registration revoked by the TxDMV.

In addition and to further complicate the issue, staff at TxDMV in 2014 proposed an Administrative Rule to essentially ban Dune Buggies from operating on Texas streets and roadways by deeming them as “off-road” vehicles. As a consequence, numerous private citizens that purchased Dune Buggies after 2014 were not aware of the administrative rule and only realized their investment was essentially worthless when they were unable to gain title and registration to operate Dune Buggies on streets and roadways, as has been the practice for over 50 years. Ironically, if a citizen had already purchased a Dune Duggy prior to the Administrative Rule and had the vehicle legally inspected, titled, and registered those vehicles remain legal to operate on streets and roadways.

And while Kitcars are not Dune Buggies but still in the Assembled Vehicle class and have not been subject to an Administrative Rule banning their operations, staff at the TxDMV have subjectively deemed some Kitcars as “on track” vehicles, essentially race cars, and therefore deemed illegal to operate on streets and roadways.

The rulings by the TxDMV is inconsistent and has caused great confusion among Dune Buggy, Sandrail and Kitcar enthusiasts and parts suppliers of those vehicles to a point where the TxDMV board announced in its August 16, 2018 board meeting that this matter is best for the legislature to handle.

3. Background (history)
The TxDMV first adopted a policy regarding Dune Buggies not being eligible for Texas title in 2013 and published this policy on May 5, 2014. Any applications for title for a Dune Buggy on or after this date are rejected and any titles issued in error after this date are revoked. Dune buggy titles issued prior to May 5, 2014, remain valid; however, they will not be issued a subsequent title for any new purchasers. This decision was made in accordance with Transportation Code, Section 502.048, which grants the authority to refuse registration to any vehicle deemed unsafe (emphasis added). Any vehicle not eligible for registration, unless otherwise specifically specified, is not eligible for a Texas title.
According to department staff, they came to the conclusion that Dune Buggies were unsafe for on-road operation based on a number of factors and the experience of staff having reviewed numerous such vehicles over many years. Staff at the TxDMV claim that they review each vehicle individually and do not compare one type of vehicle to another, further claiming their observation has been that these vehicles (stripped down, kits, or otherwise) are often lacking basic, visually verifiable safety components such as windshields, wipers, or their entire body. On more than one occasion, TxDMV staff claim they have seen plastic water tanks used as the fuel cell. In an effort to limit some of the subjectivity, Dune Buggies were deemed unsafe.
Subsequently, the TxDMV Board adopted Texas Administrative Rule on March 6, 2015, which prohibited Dune Buggies from being eligible for title. This is located in Texas Administrative Rule 217.3 (6) and reads (in part):
(6) Not Eligible for Title. The following are not eligible for a Texas title regardless of the vehicle's previous title and/or registration in this or any other jurisdiction. (B) Vehicles designed or determined by the department to be a dune buggy;
In 8 months of participating in working groups with the TxDMV staff and other interested parties, private citizens working as a group called the Assembled Vehicle Coalition of Texas (AVCT) pointed out the flaws in staff’s decisions in the types of vehicles staff illustrated as “not safe”. TxDMV staff displayed vehicles that have been built from various vehicles parts from junk yards (some vehicles built with 2x4 boards in one case and an actual coffin with four wheels and a motor in another case). The ACVT pointed out that Dune Buggies and Kitcars are not built from various pieces from junk yards, 2x4 lumber, or coffins or any other junk vehicle part but are legitimate, designed and well-known vehicles provided by Kitcar companies located in Texas and around the United States and among Dune Buggy enthusiasts all over the nation. Legitimate Kitcars and Dune Buggies use Federal Motor Safety Vehicle Standard parts and pass certified ASE inspection accordingly. As a point of reference, a Dune Buggy is a well-recognized vehicle that has been a part of the American fabric of hobbyist vehicles since 1965 (the first dune buggy was created by Bruce Meyers) and Dune Buggies have even been previously featured for sale in Sears catalogs.
The TxDMV referred to vehicles not built by a known manufacturer (Ford, GM, Toyota, etc.) as “frankencars” and have deemed them unsafe, with the thought that these vehicles are made of vehicle parts shopped from junk yards. This is far from the truth. The members of the AVCT pointed out that there are already definitions of Assembled Vehicles and inspection forms for assembled vehicles promulgated by the TxDMV and these Assembled Vehicles do pass certified inspectors and are insured by major vehicle insurance companies.

4. Related initiatives?
“Custom vehicles” and “Street Rods” are defined in Texas Transportation Code § 504.501 and are closely related in description of an Assemble Vehicle found in the TxDMV manual.
And when reading these definition of an Assembled Vehicle it is obvious to the reader that these definitions comport to the description of a Dune Buggy and kit car describing as follows:

(iii) assembled from a kit even if a Manufacturer’s Certificate of Origin or Manufacturer’s Statement of Origin is provided (emphasis added).

Once legislation is passed TxDMV staff would develop rules governing the new statutes on Assembled Vehicles.

5. What are the mechanics (how is this different from current law)?
The proposed legislation simply creates a new section of the Transportation Code dedicated to Assembled Vehicles and clarifies what is an Assembled Vehicle, the definition of what a Hobbyist is and what a Hobbyist is not, clarifies the definition of an ASE (American Service Excellence) certified vehicle inspector/technician and provides language regarding the method for titles and registration with the appropriate fees. The inspection, title, registration and fee process for Assembled Vehicles aligns with current law for motor vehicles as defined in law so as not to provide any special considerations in the importance of inspection, title, registration and appropriate fees for those Assembled Vehicles.

It was acknowledged by TxDMV board members at the August 16, 2018 board meeting that when the Texas Legislature created statutes governing motor vehicles it did so in the knowledge of regulating well-known manufacturers of vehicles. It was further acknowledged that Kitcars or Dune Buggies were not contemplated in the early creation of the Code. The board also acknowledged that among the 27 million or more vehicles on the road today Kitcars and Dune Buggies are a minute segment of the motor vehicle being driven on Texas streets and roadways, and even these Assembled Vehicles are “fair weather” vehicles not intended to be “every day” vehicles

6. Statistics
No statistics are known or provided when requested regarding concerns communicated by TxDMV staff.

7. Broader goals and messages?
In recent years, federal law has recognized the Kitcar industry by passing H.R. 22 by Rep. Green, D-Texas that allows companies to manufacture kit cars at a low volume rate; the Kitcar companies can manufacture no more than 350 per year nationally not more than 5,000 world-wide.

The broader message is that these types of vehicles, be they Dune Buggies or Kitcars, are a recognized and familiar vehicle in the United States and Texas statute should reflect this reality and provide language regarding the proper regulation of the vehicles for operation on Texas streets and roadways. Currently, 31 other states recognize these vehicles and have laws and policies governing their assemblage, inspection, title, registration and appropriate fees.

8. Fiscal Implications?
With the ability of these inspected Assembled Vehicles to legally operate on Texas streets and roadways the fiscal impact to the state will be as follows: more revenue will be collected from title and registration fees and license plates from assembled vehicles; parts for these assembled vehicles from legitimate parts suppliers will continue to be sold; tax revenues from additional gasoline sales for the vehicles will increase; some expected revenue increases in hotel occupancy taxes and sales and beverage taxes will occur in hotels and restaurants as these hobbyists tend to form clubs and have rallies in Texas towns and cities on weekends at certain times of the year to meet and enjoy the camaraderie that goes with these clubs; more insurance policies will be sold by insurance companies that provide policies for Assembled Vehicles; additional jobs created from Kitcar companies that choose to provide kits to Kitcar and Dune Buggy enthusiasts.

9. Specific Impact?
The legislation would provide clarity to the Transportation Code regarding a certain type of vehicle that exists and is deemed safe and reliable for operation on Texas streets and roadways.

10. Stakeholders/Support/Opposition (Who is or is not impacted)?
Strong support will come from thousands of Texas private citizens who own kit cars and dune buggies who are, in many cases, not able to operate their vehicle on Texas streets and roadways as they have in the past. Strong support will come from the vehicle parts suppliers both in Texas and around the nation that will have an increase in this specific market segment to sell quality vehicle parts to the enthusiasts. The Specialty Equipment Market Association (SEMA, www.sema.org) will strongly support the legislation

Early opposition came from TxDMV staff, however, the TxDMV board rejected a proposed rule seeking to clarify this issue and board members requested this matter be in the hands of the Texas Legislature.

Lastly, the representative for the Assembled Vehicle Coalition of Texas specifically asked TxDMV staff if there are groups or individuals opposing assembled vehicles; if there are crash or inspection statistics supporting their claim that these vehicles are deemed unsafe; if any outside individual or group filed or otherwise voiced any complaints of Assembled Vehicles - the answer was negative that any of the abovementioned complaints were made. The Texas Association of Automobile Dealers has signaled their opposition to the bill before it was filed or reviewed.

[bluebus86]

[BuggyFaron]

[Tom_Kathleen]

To avoid a political issue here about what I said about the NRA - what I was trying to say was that if you want to change a law or rule that the NRA doesn't want to change, is that they can be a tough group to fight. Any group that is well funded and connected would be tough to fight.

Yes, the Hot VW article was very good.

On another note - is it legal for TADA to have so much influence over the Texas DMV? Tom
_________________
Manxter #16, 1968 Meyers Manx & Kick-Out SS #16 (WIP)
Manx Club & CVA