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Update January 2008
Since the Arkansas Legislators are back in session the
topic of Antique Tags is again being raised. Following is some on going
communications.
The players:
-
Raymond Harrill - MOTAA member and lawyer,
authorized by MOTAA to speak for them on the Antique Tag Matter
-
George Beyers = MOTAA member, Model A guy, with
strong views and feeling about the issue of Antique Tags.
-
Mike Walker - Well we all know Walker!
Actions:
-
Discuss at February Meeting
-
Determine what, if any, actions are required by our
club.
Email
To: Mike Walker and George Beyers
From: Raymond Harrill
Date: January 19, 2009
Gentlemen:
I apologize for being tardy
in responding. I have been absolutely buried in work
since George's query of January 6 with his draft
letter. Since then I have read every email and offer my
comments.
1. I agree with Shane
Broadway that whatever is said to the
legislators/officials of DFA that it should be low key.
2. I think that any
comments should be specific to the antique hobby and NOT
attack the street machine people or their misuse. I
agree with Duren that the problem is enforcement: a
problem that has increased exponentially in the last
five years. As George noted, it is a problem that can
be remedied in two ways: Educate the revenue employees
as to the proper issuance of the plate; and encourage
proper enforcement of existing law.
3. Notwithstanding the fact
that the MOTAA board failed to get involved proactively,
notably they did not revoke the authority that I was
given two years ago to speak as needed with the badge of
MOTAA behind it. I will do so just I planned to do two
years ago when we went to the committee meeting.
4. I am not yet aware of
any new bill this session. I favor not proposing a bill
because I would prefer to see the existing law enforced
over tinkering with the law by people who do not
understand the issue, nor the difference between an
authentic auto and a street machine. The present law
gives the revenue commissioner rule making authority.
They could make whatever rules are necessary without
changing the law. I favor that approach.
5. If a bill is introduced
I prefer to appear at the committees and request
opportunity to speak. My experience is that the members
do not read their mail, nor answer calls (unless you
personally know them). We know the hot buttons from the
last go around and can tailor the arguments around them.
6. If the issue does arise,
George and I had similar approaches, but I tried to
construct a method which removed as much monitoring from
the police as possible. The police don't want to be
bothered with another duty. We can work together on
this.
Please keep me in the loop
if you hear of any new bills.
Raymond
Email
To: Raymond Harrill, Mike
Walker
From: George Beyers
Date: January 16, 2009
I'm going to
email photos of a couple of violators
and see what happens.
Should be
interesting. If it works, we can have
them cleaned up in rapid order.
----- Forwarded Message ----
From: Roger Duren <Roger.Duren@dfa.arkansas.gov>
To: George Beyers <gbeyers@sbcglobal.net>
Sent: Thursday, January
15, 2009 5:14:29 PM
Subject: RE: Antique Tag
We rely on law enforcement
officials to enforce motor
vehicle laws. If we receive
a report that an antique tag
is on a vehicle that does
not qualify, we send a
letter requesting that the
owner relinquish the tag
within a certain date and
register with an appropriate
tag for the vehicle. We
then follow up with system
inquiries to see if the
owner has complied and, if
not, we ask law enforcement
to investigate.
Roger Duren, Administrator
Office of Motor Vehicle
501-682-4661
-----Original Message-----
From: George Beyers [mailto:gbeyers@sbcglobal.net]
Sent: Thursday,
January 15, 2009 3:34 PM
To: Roger Duren
Cc: George & Donna
Beyers
Subject: Re: Antique
Tag
Thanks
for you
reply
and
comments.
I would
appreciate
your
answer
to the 2
questions.
How does
it get
enforced?
If I
sent you
photos
of
vehicles
in
violation
of the
law
could
you take
care
of it ?
From:
Roger
Duren
<Roger.Duren@dfa.arkansas.gov>
To:
gbeyers@sbcglobal.net
Sent:
Tuesday,
January
13,
2009
3:37:03
PM
Subject:
FW:
Antique
Tag
Thank you for sharing your memo with us, we have reviewed it and not have anything to add to your comments. All bills filed by the legislature involving vehicle title and registration are forwarded to us for review and we provide an impact statement. This would be the case for any bill filled involving antique vehicle registration.
Roger Duren, Administrator
Office of Motor Vehicle
501-682-4661
-----Original
Message-----
From:
George
Beyers
[mailto:gbeyers@sbcglobal.net]
Sent:
Friday,
January
09,
2009
11:46
AM
To:
Roger
Duren
Cc:
George
&
Donna
Beyers;
Raymond
Harrill
Subject:
Antique
Tag
My one question, where it states "If the office (D.M.V.) determines that the owner of such an antique motor vehicle is in violation of this section, the antique motor vehicle license plate shall be seized by the office and the owner fined one hundred dollars ($100)."
Just who is the "office"? How can we get that enforced? That is the key to the solution.
Thanks again for your time & interest.
Work Phone......(501) 776-0790
Home Phone......(501) 776-1399
George's Cell.....(501) 776-5155
Donna's Cell......(501) 840-2000
Fax...................(501) 776-3986
Home page URL http://www.georgebeyers.com
And the first email that started the current round...
Date: Sat, 17 Jan 2009 18:07:28 -0800
From: gbeyers@sbcglobal.net
Subject: Antique Tag
To: bjohnson@arkleg.state.ar.us; cnhc@juno.com; taylorj@arkleg.state.ar.us; cappsj@arkleg.state.ar.us; hendrenk@arkleg.state.ar.us; hendrenk@arkleg.state.ar.us; bookoutp@arkleg.state.ar.us; trustys@arkleg.state.ar.us; hwilkins@arkleg.state.ar.us; avclemmer@sbcglobal.net; hydeb@arkleg.state.ar.us; pierceb@arkleg.state.ar.us; kingb@arkleg.state.ar.us; greenbergd@arkleg.state.ar.us; wyattd@arkleg.state.ar.us; wyattd@arkleg.state.ar.us; hutchinsond@arkleg.state.ar.us; glidewellf@arkleg.state.ar.us; fredallen99@comcast.net; shelbyg@arkleg.state.ar.us; housej@arkleg.state.ar.us; roebuckj@arkleg.state.ar.us; hoytj@arkleg.state.ar.us; reynoldsl@arkleg.state.ar.us; cowlingl@arkleg.state.ar.us; evansl@arkleg.state.ar.us; davenportm@arkleg.state.ar.us; daviso@arkleg.state.ar.us; adcockp@arkleg.state.ar.us
CC: sbroadway@arkleg.state.ar.us; Roger.Duren@rev.state.ar.us; mike.munns@rev.state.ar.us; raymond.harrill@sbcglobal.net; bnix2@att.net
To: Arkansas Senate & House Transportation Committee Members
Please read the entire memo.
If it ain't broke - don't fix it!
Re: Arkansas Code Title 27, Subtitle 2, Chapter 15, Sub-chapter 22 - Historical or Special Interest Vehicles
Mr. Chairman, Committee Members and interested parties,
My name is George Beyers. I live in Benton, Arkansas and own 2 "authentic" antique vehicles. One is a multiple “Trophy Winning” 1928 Model A Ford Roadster Pickup - one of two “running” of it’s kind in the State. The other is a 1928 Model A Ford Tudor Sedan - a running, un-restored, rust colored, ragged interior, original, authentic, running example of a true antique vehicle. I am it’s second owner and have owned it for 9 years.
I am a member of the Mid America Old Time Auto Association (M.O.T.A.A.) located in the Museum of Automobiles on Petit Jean Mountain, the Model A Ford Club of America, the 50th Anniversary Model A Club of Arkansas, the Model A Restorers Club of America and the Dixie Car Club in Benton. In this presentation I am not acting as an agent of any of those named but on behalf of the entire "true Antique Vehicle" owners community.
Antique tags are regulated under Arkansas statute: Code title 27 - Transportation; Subtitle 2 - Motor Vehicle Registration and Licensing; Chapter 15 - Registration and Licensing - Special Uses; Sub chapter 22 - Historical or Special Interest Vehicles. With pressure from various constituents, for several years now, the Arkansas State Legislature has presented various bills to revise the Antique Tag licensing regulations. It seems that several of the Representatives and/or Senators have seen vehicles sporting an Antique Tag which they know is not proper. They have seen "Smoke Pots" displaying an Antique tag. They have, also, learned that the Antique Tag costs only a one time fee of $7.00. Some think that is unreasonable and see an opportunity to stuff the States bank account with an enormous amount by raising the fee to something from $25.00 up to $75.00. Others have proposed an annual renewal, reinstating an inspection, and other amendments that are totally unacceptable to the Antique Vehicle community.
The Committee has investigated increasing of the current 25 year age for an antique vehicle to 30 years. They have discussed the problem with the one time assessment and the discrepancy between the actual value and the assessed value but are lost in how to determine the true value. They have looked at using the insurance companies to determine the value by how much a vehicle is insured. There has been talk about bringing back the photo requirement. They want to somehow have the owner show proof of liability insurance on an annual basis. They have even discussed having the owner go into the local tag office annually and show proof of insurance. They have discussed having the owner replace the Antique Tag every so many years so as to verify their address and proof of liability insurance. One of the proposed fee increases was to support a favorite charity of one of the Representatives. A worthwhile cause, but the wrong way to raise funds.
I have attended joint Arkansas Senate & House Transportation Committee Meetings and monitor their web site for proposed bills. Along with the Mid American Old Time Automobile Association (M.O.T.A.A.) Vice President Raymond Harrell, I have meet with Mr. Roger Duren, head of the O.M.V. I have talked with many Antique vehicle owners around the State to get their ideas. I have spent many hours preparing my own amendment so as to circumvent another one that may have been presented. On behalf of the "True Antique Vehicle" owners, I have successfully lobbied the Transportation Committee Members for support and rejection of several of the previous amendments. I presented a proposal to M.O.T.A.A. for support which they declined because M.OT.A.A. spans several states in addition to Arkansas. Well, I was sucked into jumping to conclusions as have the Transportation Committee Members and Representatives that presented unnecessary proposals. First of all, it's obvious that many of the Senators and Representatives, as I, had NOT read the current statute and the supporting "Affidavit".
According to paragraph 27-15-2201 (2) (A) "...... a vehicle of age which is essentially unaltered from the original manufacturer's specifications and which, because of its significance, is being collected, preserved, restored, or maintained by a hobbyist as a leisure pursuit." 27-15-2203 (a) states "Any person making application for an antique motor vehicle license plate .... shall transmit to the Office of Motor Vehicle an affidavit signed by the applicant stating that the motor vehicle described in the application is restored to its original specifications as closely as reasonably possible and that the applicant will relinquish the antique motor vehicle license plate in the event that the motor vehicle is altered from its original specifications." Safety improvements such as hydraulic brakes, seal-beam headlights and seat belts are specifically noted as authorized.
The "Affidavit", ADC-CDC-1948, specifically states 'I understand "original specifications" to mean the same type engine, wheels, exhaust system, tire size, upholstery, exterior body and ornaments, bumpers, wheel or dust covers, dash instruments, springs, front axles or suspension system, rear differential, steering system, electrical system, transmission, interior and exterior paints, cooling systems and accessories as were available for the vehicle at its manufacture date'. This Affidavit must be notarized or signed by a Revenue Agent, also. The applicant swears to the truth when signing.
Let me say, I really like street rods. However, authentic antique vehicles deserve a certain amount of respect. How often do you see an 80 year old pickup truck like mine driving down the street? That deserves respect. One of my friends has a 1913 Model T Ford that looks like it just drove off the show room floor. That deserves respect. He has a Street Rod, also. A street rod is generally a new car with an old car body or an old car that has been upgraded with many modern parts so as to safely and reliably travel at freeway speeds. That deserves admiration but NOT respect. By properly tagging Street Rods and eliminating them from the Antique tag community, because of the easily recognizable rarity, a true Antique vehicle would receive deserved respect.
Did you know that there is a specialty "Street Rod" tag designed just for them, however, there are many more Street Rods than the 79 tags issued (as of February 26, 2007). If the "Street Rod" owners think that their tag is overpriced then they should lobby their Representative, State Senator and/or the Transportation Committee for changes. They need someone to "Ramrod" the changes and be prepared for a long, hard process. The street rod code is number 27-24-1501. The "Street Rod" owners should think about their swearing to the honesty of the Affidavit they signed - under oath.
Now, to the point. I said there are only a couple of thousand truly "Antique Vehicles" in the state. However the Office of Motor Vehicles (O.M.V.) records show that approximately 85,000 Antique Tags have been issued since 1957 - 10,000 in the past year alone. The O.M.V. cannot give a count of those that are on running vehicles. The O.M.V. cannot tell you how many are issued to “daily drivers” or “primary vehicles”. How many tags have been removed from a disabled antique vehicle and installed on an old vehicle without transferring the registration? How many tags have been stolen from an antique vehicle and installed on an old vehicle? The O.M.V. cannot give you the current, correct address of many of the owners. The O.M.V. cannot tell you how many they have issued erroneously to “Street Rods”.
A friend of mine applied for a “Street Rod” tag and was told by the O.M.V. Clerk, “Why don’t you get an Antique Tag instead? It will only cost you a one time fee of $7 instead of having to renew every year”. What would you have answered? Mr. Duren has already told the O.M.V. agents not to "Sell" an Antique tag. The Agents at the O.M.V. offices are not and should not be trained or experienced to examine and/or judge the originality of vehicles and/or components. They work from the information presented by those that are making application for an Antique tag. This is NOT the fault of the O.M.V. but the honesty of the applicant. The Agents could be more inquisitive with the applicant in discussing the details of the requirements of an Antique vehicle so as to confirm its validity.
How much would the State Treasury increase if all the several thousand street rods were properly tagged? A one time $7 fee vs. (ref: 27-24-1503) a Street Rod tag one-time initial fee of $50 and an annual renewal of $25. 27-15-2203 (b) (2) states "If the office (O.M.V.) determines that the owner of such an antique motor vehicle is in violation of this section, the antique motor vehicle license plate shall be seized by the office and the owner fined one hundred dollars ($100)." At a recent show with 100 street rods, with the exception of one (1), they all had an Antique tag displayed. Better hope that the "office" never attends a car show and checks all those tags!
Overall, it appears that the current Antique Vehicle Tag legislation is satisfactory. It appears that "enforcement" of the current legislation and "Honesty" of the applicants is what is needed. The only item for improvement of the present Code would be some revision that would determine which tags are not in use and the current address of the registered owner. If every person that has an Antique tag would go to their local O.M.V. office and update their information, no additional legislation would be necessary. Any process to make it mandatory to report an address change (if it's not already included somewhere else under the motor vehicle codes) would necessitate undue expense by the State. Bottom line, don't penalize the Antique owners for abuse by the Street Rod community and others.
Copies of the "Code" and "Affidavit" which I have recreated are attached. The "Code" is available on-line at http//www.arkleg.state.ar.us.gov. Copies of an original "Affidavit" can be picked up at any O.M.V. office.
Now some questions regarding the "Code".
(1) How do you license a street rod that was built over 25 years ago?
Answer (by Jerald Burns): If the vehicle was originally built as a production vehicle (let's say a 1932 Ford Model A) and was later modified to a street rod (let us say "essentially altered from the manufacturers original specifications" in 1980) it is a modified vehicle according to the definitions in 27-15-2201 and not eligible for antique tags.
If the vehicle was built (let us say in 1980) by an individual (considered the manufacturer & he completes a proper certificate of origin form) as a kit vehicle (let us say a fiberglass replica of a 1932 Ford), then it would be eligible for antique tags since it is "essentially unaltered" from the original specifications when it was built and is now over 25 years since its date of manufacture. This vehicle may still be a "street rod", but is not altered from it original build specifications.
As a far fetched example, let us say this fiberglass replica 32 Ford "antique qualified street rod" was originally built with a Chevy 283 engine and then later had the engine changed to an original 32 Ford flathead V8 engine (or any engine other than a Chevy 283), it would not be eligible for antique tags because it was not in the original specifications when the vehicle was built in 1980.
This is not how my heart would feel about this example, but that is the interpretation of the statue (what a judge would say about it in court). If this was really fair, I would favor allowing a 25 plus year old street rod conversion (or the old folks term hot rod) antique tags. I know of several owners of 30s & 40s vehicles that have period engines that are (my term here) historical hot rods. The hot rod items are ones that were available in the era when the vehicle was new, but not factory original (such as aluminum finned heads).
Go back & look at 27-15-2202. Registration, par D, 1 & 2. The key words here are "a reproduction or facsimile of an historic or special interest vehicle". If this vehicle was built as an original 1932 Ford, it would use the original serial number issued by Ford. If the car was a replica or facsimile vehicle, it would have a certificate of origin showing who built the vehicle and should not have the Ford issued serial number. I think a builder is allowed to assemble a vehicle from obtainable parts such as the original genuine body parts from a 1932 Ford, but it would be designated a "1932 Ford Replica" or some entirely different name & would not have a Ford issued serial number anywhere on the vehicle.
Answer (by Jerald Burns): As far as the Arkansas Department of Finance and Administration (called the D.M.V. or Department of Motor Vehicles in other states, but not in Arkansas), "The Office" is the office of the administrator of the Arkansas Dept of Finance & Administration. There are other subordinates, but the Director of the Arkansas Department of Finance & Administration is THE REPRESENTATIVE of that organization and is considered "The Office". There is then no doubt that he is the decision maker & speaks for that office. Mr. Roger Duren, Administrator, Office of Motor Vehicle, is that person. His Supervisor is Mr. Mike Munns, Assistant Commissioner for Operations. Division of Revenue.
There are other circumstances (other than antique tags being seized) where the license plate is seized and returned to the "Office". Remember seeing those temporary green sticker licenses on someones bumper with a date written with a felt tip pen? This was done by a law enforcement officer when he seized the license plate & it was returned to the Dept of Finance & Administration. The violator still had his day in court and could get his license plate back if found not guilty. See ACA 5-65-106 for seizure pertaining to DUI arrests.
The Dept. of Finance & Administration collects the fees and issues permits and licenses, but has absolutely no powers to enforce traffic laws (traffic laws cover all vehicle & drivers licenses). Law enforcement agencies are the only representative of Arkansas government (state level, county level or a municipality) that can enforce Arkansas traffic laws (of which licenses are a part). The court systems have the authority and power to determine that a person brought before it for a potential offense is guilty or not guilty of violating the statutes whereby he or she was issued a license or permit from the Arkansas Dept of Finance & Administration.
Unedited email of 1/15/09 in reply to my questions by Mr. Roger Duren, Administrator, Office of Motor Vehicle
We rely on law enforcement officials to enforce motor vehicle laws. If we receive a report that an antique tag is on a vehicle that does not qualify, we send a letter requesting that the owner relinquish the tag within a certain date and register with an appropriate tag for the vehicle. We then follow up with system inquiries to see if the owner has complied and, if not, we ask law enforcement to investigate.
Roger Duren, Administrator
Office of Motor Vehicle
501-682-4661
Proposed actions by the Legislature
NO ACTION IS REQUIRED BY THE LEGISLATURE!
Proposed actions by the Office of Motor Vehicle
The Agents should be more inquisitive with the applicant in discussing the details of the requirements of an Antique vehicle tag so as to confirm its validity. The Agents should make certain the applicant understands the penalties for violation. The "Affidavit" should be updated replacing the "19__" with "20__". Additionally, the Affidavit states "..... a fine of not more than $37.50". Code 27-15-2203 states "..... and the owner fined one hundred dollars ($100)."
Proposed actions by the Antique Vehicle Community
Take photos of vehicles in violation of the Code (at least the license tag and a couple more if possible) and email them to Mr. Duren at roger.duren@state.ar.us. As he states in his reply, a letter will be sent to the owner. It will not take long for the word to get out to the "Street Rodders" that their time in limited and if they are honest at all, they will take the hint and turn in their Antique Tag.
Yes, there a few things that could be done to improve the Code, but let's first get quantity of tags to a reasonable number. M.O.T.A.A. Vice-President Raymond Harrell, an Attorney, has invested much time into logical revisions that will make sense. Those amendments will be presented by him at an appropriate time in the future.
Comments in reply to this memo will be shared with other interested parties. Please respond.
Respectfully,
George
George Beyers
1500 Sharon Road
Benton, AR 72019-6122
Work Phone......(501) 776-0790
Home Phone......(501) 776-1399
George's Cell.....(501) 776-5155
Donna's Cell......(501) 840-2000
Fax...................(501) 776-3986
George's email gbeyers@sbcglobal.net
Donna's email dgbeyers@sbcglobal.net
Home page URL http://www.georgebeyers.com
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Update Fall 2008 Meeting
President Walker updated the club on the antique auto license
plates.
He reported that MOTAA is trying to come up with a proposal for the 2009
legislature.
Update and Communication
from MOTAA.
The following email was received by Mike Walker
Arkansas Antique Car Tag Legislation
Dear
Mr. Walker,
I
understand that you were the person that initiated the Antique Car Tag
legislation changes to Representative Edwards earlier this year.
I, an
several others, are the ones instrumental in the defeat of those proposed
changes. We felt that the proposals were unreal to accomplish the intended
purpose of stopping the abuse of our tags. We, also, would like to stop the
abuse but want to come up with more realistic and enforceable legislation.
After much effort, M.O.T.A.A., which is the logical representative branch of the
TRUE Antique Automobile Owner, asked their past President, Board Member and
respected Attorney, Mr. Raymond Harrill, to represent M.O.T.A.A. and prepare
legislation that would accomplish the desired goal without causing undue expense
to the Antique Automobile Community.
Please,
understand that he and I both want the abuse stopped and have different ideas on
how to accomplish this goal. I, as have many others, have placed our confidence
in the experience, education, knowledge, intelligence and otherwise good sense
of Mr. Harrill and am certain that he will present a well thought out and
professional proposal to the legislature. Any proposed legislation not being
prepared by and/or approved by Mr. Harrill will be met with serious opposition.
I have
copied Mr. Harrill with this email and his email address is shown in the
heading. If you still wish to pursue this action, please contact Mr. Harrill
directly with your concerns. He is an antique car owner and has been for many
years and is well aware of the concerns of us, the owners.
Respectfully,
George
Beyers
http://www.georgebeyers.com
gbeyers@sbcglobal.net
Raymond Harrill
rharrill@aristotle.net
Mid-America Old Time Auto Association, Inc. (MOTAA)
http://www.motaa.com/
Response to George Beyers by Mike Walker
Hello,
George.
Yes, I
am the person who passed along some suggestions to Representative Marilyn
Edwards regarding the antique automobile license plates. I was surprised at the
amount of opposition to the changes I suggested, so I decided not to pursue it
further.
The
obvious abuse of the antique tag privilege has run rampant for the past several
years, as we all know. I don't profess to have the answers to this problem, but
I felt someone should get the ball rolling. I would be happy to hear of anyone
else's better ideas and would support any efforts to correct the system that is
now operating incorrectly.
I'm not
so sure that the problem lies with the law as it is now written; rather with the
inconsistency on the part of the DMV in applying the law. I have discussed this
with Roger Duren, the DMV Director, and he said he'd "look into it". The
regulations now in place state that a car cannot be significantly altered from
its original state and must show efforts to restore or preserve it, yet the DMV
folks are offering antique tags to street rodders and other vehicle owners who
have any old clunker that's 25 years old. If I were a street rodder and the DMV
clerk told me I had a choice of a street rod tag for $50 + $35 per year or an
antique tag for a one-time fee of $7, it wouldn't take long to make that
decision. That is what is taking place at the DMV offices, and I've been told
that by friends who have street rods and were offered that choice. The other
abuse that is mounting by leaps and bounds is the use of antique tags on old
clunkers and work trucks, whose owners are again paying a one-time $7 fee to
license those vehicles. I've attached a couple of pics of those, and I'm sure
you've seen a great number of similar cases. I certainly don't have an answer
for how that type of abuse can be stopped, short of going back to the way the
regulations were written in the 50's and 60's. At that time, membership in an
antique car club was required, and the club's written verification of the
subject vehicle's status as an unmodified antique car was required. I can only
imagine how much opposition that would encounter today, but it worked well back
then. I believe the regulations now in place call for some sort of affidavit
that the car is not modified, but the DMV clerks apparently are not aware of
that.
I'm
glad that MOTAA and Mr. Harrill are getting involved in this matter as the voice
for all of us old car buffs. MOTAA's backing will lend credibility to whatever
solutions are developed. I feel certain that I will be able to support any
solution they come up with. I suppose that it will now be two years before the
issue will again be brought before the legislature, but it may take that long to
get a workable solution anyway.
On the
other hand, if the problem is the application (or non-application) of existing
statutes, that issue could be dealt with promptly.
Thank
you for keeping me "in the loop".
Mike
Walker
waterwalk99@hotmail.com
Committee Activities and
Update as of March 5, 2007
3/5/07 Email from Mike to Committee
SEMA
Legislative Alert: Arkansas Introduces Anti-Hobbyist Historic Vehicles Bill
FYI -- Here's what's happening with the proposed antique tag bill (not ours,
it's out the window). Obviously there's a great deal of opposition to
it. They're calling it an "anti-hobbyist" bill,
and some are mobilizing all the troops they can to meet with the legislators
to get it voted down. Basically, they don't want any changes made to
the law as it stands.
Mike
From:
George Beyers <gbeyers@sbcglobal.net>
Subject: Fw: SEMA Legislative Alert: Arkansas
Introduces Anti-Hobbyist Historic Vehicles Bill
We need as many of you
to attend this meeting as possible. This bill MUST be stopped.
George
----- Forwarded Message ----
From: Edwards Marilyn <edwardsm@arkleg.state.ar.us>
To: George Beyers <gbeyers@sbcglobal.net>
Sent: Thursday, February 22, 2007 1:15:29 PM
Subject: RE: SEMA Legislative Alert: Arkansas Introduces Anti-Hobbyist
Historic Vehicles Bill
George,
The time will be 9:am March 8th in the
dinning area on the lower level of the Capitol
Marilyn E
Subject:
Re: SEMA Legislative Alert: Arkansas Introduces Anti-Hobbyist Historic
Vehicles Bill
Re: HP 1403 Antique
Vehicle Tag Legislation
Link:
http://www.arkleg.state.ar.us/
Thanks
Representaive Edwards,
I'll notify those that
may be interested and hope we have good representation at the March 8
meeting. Please, let me know the time and room so I can let them know.
We appreciate your
consideration with this legislation.
Regards,
George
Beyers
-----
Original Message ----
From: Edwards Marilyn <edwardsm@arkleg.state.ar.us>
To: George Beyers <gbeyers@sbcglobal.net>
Sent: Thursday, February 22, 2007 9:33:49 AM
Subject: RE: SEMA Legislative Alert: Arkansas Introduces Anti-Hobbyist
Historic Vehicles Bill
George,
I have had all sorts of calls. I have told other people to try to
get together with all the other clubs.
March the 8th will be a good time. If I have any of the other names
I will send them to you.Looking forward to
visiting with you.
THANKS,
Marilyn Edwards
-----Original Message-----
From: George Beyers [mailto:gbeyers@sbcglobal.net]
Sent: Thursday, February 22, 2007 7:19 AM
To: Bob West; Raymond Harrill; Edwards
Marilyn
Subject: SEMA Legislative Alert: Arkansas Introduces Anti-Hobbyist
Historic Vehicles Bill
Rep Edwards,
What's up with this?
Is someone else working on the same legislation? I thought we were
going to be involved.
Everyone plan on
attending the Committee meeting on March the 8th if you can.
George
Jason Tolleson,
jasont@sema.org
SEMA 202/783-6007, ext. 39
URGENT LEGISLATIVE ALERT
Arkansas
Introduces Anti-Hobbyist Historic Vehicles Bill
Legislation (H.B. 1403) that would amend the state’s current law governing
historic or special interest vehicles to require that these vehicles be 30
or more years old and pay a $25 registration fee has been introduced in the
Arkansas House of Representatives by Rep. Pam Adcock (
adcockp@arkleg.state.ar.us ). The bill is scheduled to be heard in
committee on Mar. 8.
We Urge You to Contact Members of the House Committee on Public
Transportation (List Below) to OPPOSE H.B. 1403
Under current Arkansas
law, historic vehicles are only required to be 25-years old or older.
Under current Arkansas law, historic vehicle owners are only required to pay
a $7 registration fee.
DON’T DELAY! Please contact members of the Arkansas Committee on
Public Transportation immediately by phone or e-mail to request their
opposition to H.B. 1403.
Please e-mail a copy of your letter to
stevem@sema.org. Thank you for your assistance.
Arkansas House Committee on Public Transportation
Rep. Robbie Wills, Chair
Business Phone: 501-730-4677
Fax: 501-329-0321
E-mail:
willsr@arkleg.state.ar.us
Rep. Frank Glidewell, Vice Chair
Business Phone: 479-646-6300
Fax: 479-452-2978
E-mail:
glidewellf@arkleg.state.ar.us
Rep. Lenville Evans
Business Phone: 501-676-6780
Fax: 501-676-2106
Rep. David Wyatt
Business Phone: 870-251-1044
Fax: 870-251-3519
E-mail:
wyattd@arkleg.state.ar.us
Rep. Monty Davenport
Business Phone: 870-449-6745
Rep. Otis Davis
Business Phone: 870-792-7003
E-mail:
daviso@arkleg.state.ar.us
Rep. Ray Kidd
Business Phone: 870-761-7727
E-mail:
kiddr@arkleg.state.ar.us
Rep. Fred Allen
Business Phone: 501-225-4979
Fax: 501-225-4762
E-mail:
FredAllen99@comcast.net
Rep. Johnny Hoyt
Business Phone: 501-354-4360
E-mail:
hoytj@arkleg.state.ar.us
Rep. Lance Reynolds
Business Phone : 501-589-3000
E-mail:
reynoldsl@arkleg.state.ar.us
Rep. Gene Shelby
Business Phone: 501-623-2606
E-mail:
shelbyg@arkleg.state.ar.us
Rep. Jim House
Business Phone: 479-443-5883
E-mail:
housej@arkleg.state.ar.us
Rep. Johnnie Roebuck
Business Phone: 870-403-4382
Fax: 870-246-6974
E-mail:
roebuckj@arkleg.state.ar.us
Rep. Bobby Pierce
Business Phone: 501-888-4390
Fax: 870-942-8737
E-mail:
pierceb@arkleg.state.ar.us
Rep. Bryan King
Business Phone: 870-438-6434
E-mail:
kingb@arkleg.state.ar.us
Rep. Barry Hyde
Business Phone: 501-371-0255
Fax: 501-371-0020
E-mail:
hydeb@arkleg.state.ar.us
Rep. Donna Hutchinson
Business Phone: 479-876-6011
E-mail:
hutchinsond@arkleg.state.ar.us
Rep. Larry Cowling
Business Phone: 870-542-7452
Fax: 870-542-7743
E-mail:
cowlingl@arkleg.state.ar.us
Rep. Randy Stewart
Business Phone: 870-398-4630
E-mail:
stewartr@arkleg.state.ar.us
Rep. Dan Greenberg
Business Phone: 501-821-4808
E-mail:
rep.greenberg@gmail.com
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2/15/07 Email
from Mike to Committee
My State
Representative who agreed to sponsor the bill to revise the antique plate
legislation called today. While checking with other antique car club
contacts in the state, she met with a great deal of opposition to changing
the status quo. Some were belligerent about it. She asked me to
come up with some support for the measure or there was little hope for
passage of our proposal. The others are not in favor of the 40-year
change from the current 25 years, and are not in favor of upping the charge
for the plates. She said any of us are welcome to testify at the
hearings on the matter, if we wish.
I told her that all we
are trying to do is to find ways to close loopholes through which people are
abusing the current legislation and cheating the State out of revenues due
for licensing clunkers under the guise of calling them antique cars, which
she understands and agrees with. But it looks like an uphill battle
against many who are comfortable with the current system. I don't know
how to effectively deal with this beyond what I've already done. I'll
welcome any ideas and/or suggestions.
Mike
Email from Mike Walker to Committee:
After much
discussion, the director of the Ark. DMV had State attorneys look over our
recommendations for changes to the statute regarding antique plates. They
basically dismissed all of our suggestions, and instead recommended just
raising the fee for an antique tag to $150. My State Representative,
Marilyn Edwards, asked me to review their proposal and report back to her.
I discussed
this with some of you and with the president of the NWA region antique car
club, and have come up with the following:
1. Raise the
minimum age for a car to be considered an antique from 25 years to 40 years.
2. Raise the
fee for an antique car license plate from $7 to $75.
The DMV
proposal, including the above two changes, is attached to this message.
(Portions with strikethroughs are existing statute language to be removed.
Portions with underlines are language to be added.)
I have sent
these suggestions to Marilyn Edwards. Any comments are welcome.
Mike
Act as currently proposed:
AN
ACT TO AMEND THE ARKANSAS CODE DEFINITION OF HISTORIC OR SPECIAL INTEREST
VEHICLES; TO INCREASE THE FEE TO REGISTER HISTORIC OR SPECIAL INTEREST
VEHICLES; AND FOR OTHER PURPOSES.
AN
ACT TO AMEND THE ARKANSAS CODE DEFINITION OF HISTORIC OR SPECIAL INTEREST
VEHICLES AND TO INCREASE THE FEE TO REGISTER HISTORIC OR SPECIAL INTEREST
VEHICLES.
SECTION 1. Arkansas Code
§27-15-2201 is amended to read as follows:
As used in this
subchapter, unless the context otherwise requires:
(1) "Collector" means the
owner of one (1) or more motor vehicles of historic or special interest who
collects, purchases, acquires, trades, or disposes of those vehicles, or
parts thereof, for his or her own use in order to preserve, restore, and
maintain a vehicle or vehicles for hobby purposes;
(2)(A) "Historic or
special interest vehicle" means a vehicle of age which that is
forty (40) or more years old, essentially unaltered from the original
manufacturer's specifications and which, because of its significance, is
being collected, preserved, restored, or maintained by a hobbyist as a
leisure pursuit.
(B) This category shall
include vehicles sometimes referred to by the classifications of antique,
horseless carriage, classic, or action era vintage.
(C)(i) Vehicles with
modifications or deviations from the original specifications may be
permitted under this classification if the modifications or deviations are
of historic nature and characteristic of the approximate era to which the
vehicles belong or if they could be considered to be in the category of
safety features.
(ii) Safety-related
modifications include hydraulic brakes, sealbeam headlights, and seat
belts.
(iii) Accessories
acceptable under such classifications are those available in the era to
which the vehicles belong; and.
(D)(i) A vehicle
manufactured as a reproduction or facsimile of an historic or special
interest vehicle may be permitted under this classification if it has been
in existence for forty (40) years or more.
(ii) The age shall be calculated from the date the vehicle was originally
assembled as a facsimile.
(3) "Parts car" means a
motor vehicle generally in nonoperable condition which is owned by a
collector to furnish parts that are usually not obtainable from normal
sources, thus enabling a collector to preserve, restore, and maintain a
vehicle of historic or special interest.
SECTION 2. Arkansas Code
27-15-2202 is amended to read as follows:
(a)(1) Effective
January 1, 2008, Aany person who is the owner of an
historic or special interest vehicle that is twenty-five (25) or more
years old at the time of making application for registration or transfer
of title may, upon application, register it as an historic or special
interest vehicle, upon the payment of a fee of seven dollars ($7.00)
seventy-five dollars ($75.00) for each vehicle, and be furnished a
license plate of distinctive design to be displayed on each vehicle in lieu
of the usual license plate.
(2) This plate shall have
the same legal significance as an ordinary license plate.
(3) In addition to the
identification number, this plate shall identify the vehicle as an historic
or antique vehicle owned by an Arkansas collector.
(4) The registration
shall be valid while the vehicle is owned by the applicant without the
payment of any additional fee, tax, or license.
(b)(1) The numbering of
these plates shall continue chronologically from the existing antique
automobile registration lists, using the current design and emblem.
(2) Application for these
plates shall be made to the Office of Motor Vehicle on special application
forms prescribed by the Commissioner of Motor Vehicles.
(c) Upon selling or
otherwise relinquishing ownership of an historic or special interest
vehicle, a collector may retain possession of the vehicle plate and transfer
its registration to another vehicle of the same category in his or her
possession, upon payment of one-half (1/2) the fee prescribed in subsection
(a) of this section.
(d)(1) A vehicle
manufactured as a reproduction or facsimile of an historic or special
interest vehicle shall not be eligible for registration under this section
unless it has been in existence for twenty-five (25) years or more.
(2) The age shall be
calculated from the date the vehicle was originally assembled as a
facsimile.
(e)
(d) Collectors who, on July 8, 1975 January 1, 2008,
have vehicles licensed as antiques under current statutes shall not be
required to register these vehicles or obtain new license plates for these
vehicles.
(f)
(e) Beginning on January 1, 2006, each collector applying for a
license plate under this subchapter shall own and have registered one (1) or
more motor vehicles that he or she uses for regular transportation.
SECTION 3. Arkansas Code
27-15-2209(a)(1) is amended to read as follows:
(a) As used in this
section, "antique license plate" means a license plate that:
(1) Is approved for
issuance under subsection (e) of this section for a historic or special
interest vehicle as defined under § 27-15-2201(2) that is more than
twenty-five (25) years of age instead of the special license plate
issued under § 27-15-2202; and
Previous Information:
At the 2006 Spring Meeting a decision was made to form a
committee to generate a recommendation/proposal to be presented to the club
members at the summer meeting. The final recommendation will be presented
to the State Legislators as the processes desired by the Club.
The Committee Members are:
Feedback
From Jim Venski:
When I lived in Wisconsin, we had 3 registration options for owners of older
vehicles.
First of course, was the standard vehicle
registration - the same as your family car. This entailed annual inspection, and
the annual registration fee, but levied no restrictions on its use. Cost in 1990
was $48 if I recall correctly.
Next was the "Collector" registration. For a one
time fee of $25, you could purchase a collector's permit number. To qualify as a
collector, you had to have at least 1 regularly registered vehicle, (the family
car). One nice thing about being a registered collector, was that for no
additional charge, you could have your collector permit number be your regular
plate number on the family car. Also, the state motto was replaced by the word
"Collector". If you had multiple vehicles under standard registration, they
could all carry your collector number followed by "A", "B", "C", etc. The plate
looked very similar to the standard plate, same colors and logos. This was kind
of a vanity plate, but you didn't have to pay any extra for them.
When you registered an older vehicle as a "Collector Car", there were some
restrictions: it had to have a valid title, it had to be at least 25 years old,
and it had to be in safe, drivable condition. For a one time $30 fee, it was
registered as a "Collector Car", and you were issued a distinctive, one time
plate bearing your collector number. Driving was restricted to only ten months
out of the year. This was done to prevent people from using a collector plate on
an older daily driver or junker, just so they could evade the annual renewal
costs and inspections. If you needed to drive it to something like a car show or
club event during the "off months", the local police could issue you a 3 day
permit for that purpose. This plate was non-transferable. Any additional
vehicles registered under your permit number were also given the "A", "B", "C",
addendum.
The final option was the "Antique Auto"
registration. The vehicle had to be at least 40 years old, there was a one time
cost of $30, the plate was non-transferable, driving was restricted to less than
1000 miles per year, and only 6 months out of the year. No inspections or
renewals were required.
I personally used, and very much liked the "Collector" option. The restrictions
were easy to comply with, and all my vehicles carried the same number on the
plate except for the A's, B's, C's, etc.
Jim Venski - Hot Springs Village
From Ken Swan:
Does Arkansas not have antique plates for cars now? There are mixed blessings
in having antique plates and it will all boil down to how closely the state
monitors and enforces the rules of the game. I am fortunate on one of my cars in
I have permanent antique plates that have no restrictions. They were only issued
for a short time. Now Tennessee has antique plates that have to be renewed each
year, I put regular plated on my other car to eliminate all the hassle. The big
issue to be aware of is insurance and the coverage (or lack of).
Ken Swan
Mississippi has a similar law to Arkansas' it seems and it is abused left and
right as you described.
Ken Swan
Memo
To: Arkansas Tin
Lizzies:
The Arkansas legislature is talking about the antique
plates again this year. The following are the requirements at present for
antique plates. Mike Walker talked to his state representative, Marilyn
Edwards, recently and she suggested that our club members get together
suggestions for the legislature to consider in a possible change for the antique
plate requirements. Mike discussed this with Morris and this matter will be
brought up at our meeting in April in Russellville. Think about what you would
like to see happen and be ready to talk about it at our meeting. If you would
like to send suggestions to Mike Walker, mail it to him at 2873 Elizabeth Ave.,
Fayetteville, AR 72703 or e-mail him at
waterwalk99@hotmail.com He will take these suggestions to our meeting for
you.
|
Antique Vehicle
License Plate |
|
 |
|
Description: |
Specialty license
plate for antique (25 years or older) vehicle. |
|
Eligibility: |
For historical or
special interest vehicles or any vehicle that is twenty five (25)
years old or older, which is essentially unaltered from the original
manufacturers specifications. |
|
Requirements: |
1) Affidavit for
license for an Antique Vehicle completed by the applicant. 2) If the
vehicle is already titled and registered to the applicant, the
registration certificate or other acceptable proof of ownership
which includes the year, make, model, and vehicle identification
number; OR 3) If the vehicle is not titled and registered to the
applicant, the following: a) The previous title, if available, or if
not, a bill of sale reflecting the year, make, model, and vehicle
identification number; OR b) If the vehicle is assembled from a
variety of sources, the owner may present bills of sale for the
principal parts. The bills of sale should indicate the source and
include the motor or body serial number. |
|
Additional Info: |
Certain
modifications are permitted if they are characteristic of the
approximate era to which the vehicle belongs or considered to be
safety related (brakes, seal beam headlights, seat belts, etc.). |
|