Sunday, November 1, 2009

July 2009 DOT Trans 123 Notice To Collectors

July 17, 2009

ATTENTION
OWNERS OF HISTORIC MILITARY VEHICLES

THE STATE OF WISCONSIN IS PROPOSING
TO PREVENT OPERATION OF MANY
HISTORIC MILITARY VEHICLES


Here are the facts:

Since 2007 the WI Department of Transportation (DOT) has been challenged by an increasing number of applications for registrations (license plates) for a wide variety of specialty vehicles. Many of these vehicles do not meet U.S. Federal Safety Standards. This concern by the DOT includes both U.S. manufactured and imported foreign military vehicles. Examples of other vehicles include European race cars, Japanese mini trucks, off road motorcycles and many others.

The WI DOT recognizes that in the past their Division of Motor Vehicles (DMV) offices have not been consistent in their approvals of specialty vehicle registrations. Some vehicles were registered that do not meet federal safety standards. Other applications for the same type of vehicles were denied.

The WI DOT is proposing to issue an administrative rule to create a new law called TRANS 123 in the WI Administrative Code. If adopted the rule becomes state law. The proposal to create TRANS 123 seeks to define the agency’s authority to prohibit registration of what are termed NON-CONFORMING VEHICLES.

A public hearing to receive public comments on the proposed rule is scheduled for Wednesday, July 29th in Room 254 of the Hill Farms State Office Building, 4802 Sheboygan Avenue, Madison.

The proposed rule and details of the hearing are available at http://apps.dhfs.state.wi.us/admrules/public/Rmo?nRmoId=4183

Anyone can attend and may speak at the hearing. Written comments can also be submitted to the DOT. Jeff Rowsam will testify on behalf of WI Historic Military Vehicle Collectors at the hearing.

Under the proposed rule, vehicles (including former military) built after January 1968 will NOT be registered. Vehicles built after January 1968 will be considered “off road vehicles” and will not be registered unless they meet the requirements of the National Transportation Safety Act of 1966 (NHTSA). Military vehicles are build to meet a military mission and do not meet NHTSA law.

Several Wisconsin collectors have been working with the Wisconsin legislature to present your collector interest and protect your ability to operate historic military vehicles in the future.

The first hearing on July 29th is to hear public comments on the proposed new rule. After the hearing the DOT can drop the proposal or modify the proposal and then submit it to the legislative committee that reviews and approves these administrative rules. There will be a second public hearing at that time. The legislative committee can approve, modify or reject the proposed rule based on their review. If approved it becomes law.

Other states including Florida, Ohio and Kansas have created specific laws under their collector or historic vehicle statutes that specifically identify Historic Military Vehicles (HMV’s) and allow their registration and use as collector vehicles.

WI DOT authorities have indicated they would likely not oppose a similar provision if it was introduced and approved by the WI legislature to operate HMV’s under the limits of current WI COLLECTOR plate rules.

We have contacted the legislature transportation committee Vice-chair Ted Zigmunt (D) 2nd district, to propose an HMV amendment. We received a commitment that Rep Zigmunt will sponsor a bill for collectors’ of HMV’s. Steps are being taken to write and introduce a new bill in the state legislature to create a provision to allow HMV’s to be operated under the current WI collector vehicle rules. Introduction could be as early as the fall session.

What can YOU do to continue to own and operate historic military vehicles in WI?

1)Stay informed. Register on the state website to receive updates. Register online at https://apps.dhfs.state.wi.us/admrules/public/Rmo?nRmoId=4183
2)Attend the hearings. You do not have to speak, but you should fill out a simple registration form when you arrive and indicate your position.
3)Write to the DOT with your concerns about TRANS 123.
4)Call, email and write your state legislators with your concerns about TRANS 123.
5)Call, email and write your legislators and ask them to contact Rep Ted Zigmunt’s office to help co-sponsor a bill for adding historic military vehicles to the collector vehicle laws.
6)This affects all collectors, we need everyone to voice their concerns, even if you own a vehicle made before 1968, they still need to hear from you. This is about the future of our HMV hobby.