Quote:
Originally Posted by SEMA Action Network
Perhaps, BadlandsRacer needs to do some additional research. The North Dakota bill is based on a fundamentally flawed premise. Even the bill sponsors now recognize that. The current law references SEMA equipment standards. None exist. Never have. Moreover, the National Highway Traffic Safety Administration (NHTSA) only issues FMVSS to regulate equipment that is required on all new motor vehicles. An aftermarket part may only be regulated if it takes a vehicle out-of-compliance with a required piece of safety equipment when installed. For example, lift kits used to modify ride height for function and utility are not specifically regulated by FMVSS. So, what is the state patrol to do? Especially, if H.B. 1442 does not indicate any objective criteria that the patrol will use to determine which modifications are legal.
The bill requires an inspection certificate from the department or highway patrol after the completion of all modifications before the motor vehicle with vehicle modifications from the manufacturer's original design of the suspension, steering, or braking systems may be registered. That is a completely new requirement. As a consequence, every time anyone modifies their suspension in a manner different from the OEM design, they would have to get an inspection certificate. Burdensome requirement. How do you get the vehicle to the state police for the inspection? Tow the vehicle? Or do you have to get them to come out to your house to do the inspection? What would the effect be on state resources?
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I am well aware of the fact that SEMA has no equipment standards by which to measure. However, to state that the bill is flawed because of this portion would be an error, as this portion already exists in the current state law. This, yet again, is nothing new being introduced by this bill.
In addition, it is pretty evident in this bill that there is no desire to have items such as lift kits regulated by SEMA or FMVSS. It simply states that any suspension lift performed on a registered motor vehicle may not exceed 4 inches, which, once more, already exists in the current state law. The original intent of this bill was to eliminate or raise the weight that vehicles must meet in order to become exempt from these standards. Simply put, they want owners of lifted trucks that weigh more than 7,000 lbs to still be obligated to comply with state laws.
While I agree that a certification requirement is burdensome, it is simply a non-issue. The state simply does not have the resources to develop such a system, nor does the North Dakota Highway Patrol even WANT to be responsible for these inspections. The officers are not qualified to judge these standards, and having those officers perform those inspections creates a large liability for the NDHP.
Incidentally, the first words out of the chairman's mouth today at the legislative session were, "this bill is
not intended to prohibit people from performing upgrades or improvements to their suspension, brakes, etc." This bill is in its infant stages still, and targeting something else entirely. It was conceded by those drafting the bill that the wording was not intended to create the perception that it did. Additionally, the NDHP spoke in opposition to the certification section of this bill today.