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Texas revokes dune buggy titles.

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  • TheDan

    deplorable malcontent scofflaw
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    What about the myriad other "kit" cars sold?
    Shelby Cobras, for example.
    Factory Five Cobras and similar are exempted as historical "replicas".

    I'm still unclear as to whether this is a "rule" or if it's legislation, but either way it was originally drafted by the SEMA Action network for states that don't allow any home-built cars to specifically allow things like Cobra kits. It somehow got adopted by Texas and fucked us.

    There's a group working on getting this changed:
    https://www.facebook.com/groups/SavetheTexasDuneBuggy/

    https://www.gofundme.com/SavetheTexasDuneBuggy


    Full faith and credit clause, i.e. vehicle registered in another state?
    I know of a guy with an Exocet that was titled in another state and then transferred to TX. He had it registered here for a couple years, but now they are demanding he turn his tittle in and won't renew the registration. There's other folks who've had it happen as well. IMO, they should all file separate suits.
    DK Firearms
     

    TheDan

    deplorable malcontent scofflaw
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    Did a little digging and it is a rule, not a statue: http://texreg.sos.state.tx.us/publi...=&p_ploc=&pg=1&p_tac=&ti=43&pt=10&ch=217&rl=3

    A petition to bring it up at the Dec 7th TxDMV Board Meeting is being circulated. Apparently it needs to be postmarked today.

    ----------------------------------------------------------------
    (DATE)

    Ms. Whitney Brewster
    Executive Director
    Texas Department of Motor Vehicles
    4000 Jackson Avenue
    Austin, Texas 78731

    Dear Ms. Brewster:

    I wish to petition the Texas Department of Motor Vehicles to review and amend Texas Administrative Code 217.3 regarding Vehicle Titles and Registration.

    There has been recent activity as to the titling and registration of some vehicles designated as assembled, replica, custom vehicle, street rod, and dune buggy that has resulted in some vehicles titles and registration being revoked or not issued. As a result literally thousands of vehicle owners that have invested in the vehicles have now lost that investment and manufacturers of the vehicles as well as supply chain businesses have incurred severe economic loss.

    I would respectfully request in this petition for the Texas Department of Motor Vehicles hold a meeting at its headquarters in Austin, Texas for the December 7, 2017 board meeting to review and discuss amending TAC 217.3 to ensure those vehicles maintain their respective titles and registration for continued use on Texas streets and roadways.

    I thank you in advance for your serious and quick consideration.



    Best regards,





    (name)

    (address)
    ----------------------------------------------------------------
     

    TheDan

    deplorable malcontent scofflaw
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    The below was posted in the FB group. Illustrates what I was saying about SEMA earlier. They made sure their largest market, hotrods and cobra replicas, got carved out an exemption at the expense of the other home builts. Sure does sound familiar...

    "My personal curiosity made me start digging into how this all got started. I spent some time reading the transcripts from the TXDMV.gov board meetings. I found one to be of interest. March 07, 2014 tells the following:

    "You have before you today, regarding agenda item 2.A.1, our request for final adoption to amendments to Title 43 TAC, Chapter 217, Vehicle Titles and Registration, which were posted in the Texas Register for public comment on November 29, 2013, and closed on December 30, 2013.
    Item number 1 pertains to Section 217.3 and can be found on page 4 of your binder. The amendments cover various sections, starting with 217.3(a)(5) and ending with 217.3(a)(1). During the comment period we received comments from several groups. We received comments together from Representatives Ed Thompson, Dennis Bonnen, Larry Taylor and Jared Huffman. We also received comments from the Specialty Equipment Market Association, known as SEMA, and the Insurance Council of Texas, the National Association of Mutual Insurance Companies, the Surety and Fidelity Association of America, and the Insurance Auto Auctions, and the Texas Automobile Dealers Association."

    It goes on and on, but I believe this is the beginnings of what we have happening. SEMA wanted a definition added as follows:

    "SEMA commented on 217.3(a)(6), suggesting that the addition of a definition for assembled vehicles be added to the rule. As a result, clarifying language was added to the section to establish a definition for assembled vehicles.
    In addition, SEMA expressed concern that custom vehicles and street rods, as defined in Transportation Code 504.501, would be required to meet the same safety requirement standards as assembled vehicles."
     

    E.Marquez

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    "The article from one of the links provided said that slingshots were also illegal. I had to look that one up. Its made by Polaris and has 2 wheels in front and one in rear and is driven from the rear. I have seen two in my area alone. Maybe those titles were revoked recently too. There are going to be LOTS of unhappy ex-motorists. One poster in the other forum said Texas was the only state that outlawed them."

    In Texas the Slingshot is an "Auto Cycle" a new vehicle class created after the unit was brought to market. A Class C DL is all that is needed, but you must wear a helmet unless exception is taken..For that you must take and pass the Approved Motorcycle safety course.
    The Can Am Spyder three wheeler is a motorcycle and all motorcycle laws and regulations apply
     
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    Those slingshots are popular around here. I haven't seen any on the highway but have seen more then a few driving around in town. Red, blue, another blue. Seen a few Spyders too. One yellow spyder was driving the neighborhood. Till it broke down on the guy and it sat in the bank parking lot for a while. Had the seat up. Guess the guy thought it was the battery. After that, I haven't seen it again.
     

    TheDan

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    Right, Slingshots are a different class of vehicle.

    This is only effecting home-builts and a few low volume production cars like Ariel Atoms.
     

    E.Marquez

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    Right, Slingshots are a different class of vehicle.

    This is only effecting home-builts and a few low volume production cars like Ariel Atoms.
    Not even all Home builds.... and right now In not finding a specific definition of what is effected.
    Do you have a link to the specific vehicles effected.
     

    E.Marquez

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    So this covers just about all home builds or assembled kit cars..
    It states they must pass a safety inspection...

    Need to find that inspection as it seems to be different then the normal annual inspection.

    Sec. 504.501. CLASSIC MOTOR VEHICLES AND TRAVEL TRAILERS; CUSTOM VEHICLES; STREET RODS. (a) The department shall issue specialty license plates for a motor vehicle that is at least 25 years old or is a custom vehicle or street rod. The license plates must include the word or words "Classic," "Custom Vehicle," or "Street Rod," or a similar designation, as appropriate.
    (b) A person eligible for the license plates may instead use license plates that were issued by this state in the same year as the model year of the vehicle and are approved by the department. The department may require the attachment of a registration insignia to the license plate in a manner that does not affect the display of information originally on the license plate.
    (c) There is no fee for issuance or approval of license plates under this section.
    (d) Notwithstanding Chapter 547, a custom vehicle or street rod eligible to receive license plates under this section is not required to be equipped with a specific piece of equipment unless the specific piece of equipment was required by statute as a condition of sale during the year listed as the model year on the certificate of title.
    (e) On initial registration of a custom vehicle or street rod, the owner must provide proof, acceptable to the department, that the custom vehicle or street rod passed a safety inspection that has been approved by the department. The department shall create a safety inspection process for inspecting custom vehicles and street rods.
    (f) In this section:
    (1) "Custom vehicle" means a vehicle:
    (A) that is:
    (i) at least 25 years old and of a model year after 1948; or
    (ii) manufactured to resemble a vehicle that is at least 25 years old and of a model year after 1948; and
    (B) that:
    (i) has been altered from the manufacturer's original design; or
    (ii) has a body constructed from materials not original to the vehicle.
    (2) "Street rod" means a vehicle:
    (A) that was manufactured:
    (i) before 1949; or
    (ii) after 1948 to resemble a vehicle manufactured before 1949; and
    (B) that:
    (i) has been altered from the manufacturer's original design; or
    (ii) has a body constructed from materials not original to the vehicle.
     

    TheDan

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    Not even all Home builds.... and right now In not finding a specific definition of what is effected.
    Do you have a link to the specific vehicles effected.
    Post #23 has the link to the rules. Replicas like Cobras (and I'm assuming GT40s, 7s, and similar) are specifically protected, but "vehicles designed or determined by the department to be a dune buggy" or "are missing or are stripped of their motor, frame, or body" are prohibited.

    They are using that to deny registration to anything that isn't specifically a replica. The whole "determined by the department" thing gives them a broad brush...
     

    E.Marquez

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    Post #23 has the link to the rules. Replicas like Cobras (and I'm assuming GT40s, 7s, and similar) are specifically protected, but "vehicles designed or determined by the department to be a dune buggy" or "are missing or are stripped of their motor, frame, or body" are prohibited.

    They are using that to deny registration to anything that isn't specifically a replica. The whole "determined by the department" thing gives them a broad brush...
    Thanks. but only sort of get to an answer...Most all home builts can be coved in the "Custom" category ,for which you just need a Master ASE mechanic inspection.
    the Dune Buggy" clause is crap " (B) vehicles designed or determined by the department to be a dune buggy;"
    There is no definition of dune buggy I can find...so its up to the blue hair lady at the registration office to decide?
     

    NavyVet1959

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    The problem is that we have agencies that get to write rules that have the effect of laws and they can do it whenever they want with virtually no accountability. Hmmm... Kind of like the HOA Nazis, come to think of it.

    If the legislature cannot come to an agreement on something in order to prohibit it, then the agency should not be able to do it on their own volition.
     

    TheDan

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    Here's an update... TxDMV is now saying any chassis modifications are illegal, and is asking for people's names so that they can revoke the titles to those cars.

    dune_buggy_problems.jpg
     

    Southpaw

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    Oh, this is fun. "The TxDMV is overseen by a nine member, governor-appointed board..." three of which are dealers (including the chairman) and two more in the automotive industry. https://www.txdmv.gov/about-us

    Could you imagine if the Board was the opposite and consisted of all Dune buggy industry types?

    latest?cb=20130201035934.jpg


    The guys on the front would be from the current Board. :roflfunny::roflfunny:
     
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    Younggun

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    hill co.
    Honestly, I'm sire all this bullshit is partly due to the move to get all states aligned under a federal standard. Between the massive amount of fucking up the feds do and the state DMV retards it's sure to be a clusterfuck.

    This is why I'm wary of letting the CHL go through the fed for national reciprosity. We will watch it go down the same path.
     
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