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FW: NJ Emissions

To: mgs
Subject: FW: NJ Emissions
From: Mark J Bradakis <mjb>
Date: Fri, 11 Apr 1997 16:43:23 -0600 (MDT)
[BOUNCE mgs@Autox.Team.Net:    Non-member submission from [billsohl@planet.net 
(Bill Sohl)]]

     Date: Wed, 2 Apr 1997 14:44:00 -0500
     From: billsohl@planet.net (Bill Sohl)
     Subject: NJ Emissions

I posted this in the Triumph email list and because
there are folks that don't read that list, I am posting it
to the MG list also because many MG owners get the TRF newsletter too.

     The NJ Emissions Testing Law, SCS-1700

The March 97 Roadster Factory (TRF)
newsletter contained a reprint (from May 1996) of a Wall Street 
Journal article that portrays a doom and gloom future for New
Jersey Classic Car owners.  It is totally overblown and full
of misconceptions.  Here's why:

The impact of SCS-1700 on NJ collector car enthusiasts is
minimal at worst and, perhaps for many, even beneficial.
As to the impact on cars drivern every day, I do acknowledge 
that from my understanding of the legislation, SCS-1700 will
be a nightmare for older cars that are used as daily drivers.

First, let me start near the end of the article because that
is where the greatest misconception is being perpetrated by
the author.  Specifically the author would have readers
believe that there is some new criteria for exemption of
certain vehicles from New Jersey's inspection and specifically
the emissions testing under SCS-1700.  He is only correct as
it relates to many cars that would NOT have previously had
any exemption at all.  Why is that so?

SCS-1700 does not change in any way the existence of ANTIQUE
(QQ tags) that are available now to ANY vehicle that is 25 or
more years old (we are, of course, only talking about cars
used as antique, not daily drivers). No DMV bureaucrat will
prohibit issuing you ANTIQUE license plates for your 1964
Mustang or your 1972 TR6 if you want such tags.  The issuance
of ANTIQUE tags will continue for vehicles that are 25 or more
years old AND along with those ANTIQUE tags is the exemption
of that vehicle from ANY NJ state inspection including the
new SCS-1700 emission testing.

What SCS-1700 also does is create a new, additional category
called Collector which has not previously existed in NJ.  The
purpose of that category is to provide those eligible vehicles
with the opportunity to be exempted from the new emission
testing if they are not otherwise eligible (i.e. they are not 
yet 25 years or older) for ANTIQUE tags.  Today, my 1981 TR-8
does not qualify for Antique tags and to use that vehicle I
must register it as a regular passenger vehicle and subject it
to the annual inspection that exists in NJ even if the vehicle
is only used as a collector car, is insured as a collector
vehicle and sees only limited mileage each year.  SCS-1700 now
allows me to apply for Collector car status for my 1981 which,
if granted, will result in a special sticker for the car which
exempts the vehicle from all emissions testing.  So what are
the criteria for obtaining a Collector car sticker?

SCS-1700 authorizes the DMV to designate a vehicle as a
collector motor vehicle based on ONE (emphasis added) or
more of the following criteria:

- the age of the vehicle,
- the number of such vehicles originally manufactured,
- the number of such vehicles currently in use,
- the total miles the vehicle has been driven,
- the number of miles the vehicle has been driven in the
  last year, and
- whether the vehicle has a collector classification for
  insurance purposes.

Now with such a list of considerations, I really don't see
any problem as long as your vehicle is truly being owned
and used only as a collector vehicle.  Remember too, that
once the vehicle is 25 or more years old you can still opt
for ANTIQUE tags anyway.  That being the case, the only
vehicles that anyone would likely ask for Collector designation
on are those that are not 25 years old yet.

Now, once you accept that ANTIQUE tagged vehicles and Collector
designated vehicles are not impacted by SCS-1700, then much of
the rest of the hysteria about SCS-1700 is of little or no
concern to most collector car owners/enthusiasts.  But, just
for the record, there are several specific inaccuracies contained
in the article that should also be corrected.  

Now what about possible confiscation of your vehicle:  The author,
Mr. Peters, applies the logic that if your vehicle is denied
registration, it then is in violation of local ordinances and
will be confiscated.  The author assumes that every township in
NJ has such ordinances which is wrong and he misapplies the
aspects of those local ordinances where they do exist.
Specifically, there are no local ordinances that prohibit
ownership of unregistered vehicles.  What ordinances there
are in some municipalities are ordinances (usually in the 
form of zoning restrictions or property maintenance laws)
that prohibit unregistered vehicles being in driveways, or
(in some cases) otherwise visible to neighbors.  If your
unregistered vehicle is in your garage or if it is out-of-view
according to what may be allowed by the local ordinance then
there is nothing to worry about.  To some extent, don't we
also have an obligation to be good neighbors?

As an example, in my township,
as long as ANY vehicle has a fitted car cover on it, it can be
unregistered.  Even in the worst of circumstances, a NJ township
can not simply confiscate your car from your property without
due process (issuing zoning violation notices, etc.).  As to
the author's claim of jail time for having an unregistered
vehicle in NJ, well...that's just hogwash.

OK, now where do I agree with Mr. Peters.  I agree that the
emissions testing as proposed in SCS-1700 will be an onerous
impact on the bulk of NJ drivers, both those who have cars
that pass and especially those that don't.  Yes, it will be
costly in both time and dollars, but until that happens,
don't expect the general public to care about it.  But, if
you were fearful about the impact on your collector/antique
car, then learn what this is all about and, if you don't already
have your vehicle under ANTIQUE tags, do so.  If it doesn't yet
qualify, then get your paperwork in order so you can apply for
collector status, if and when, this actually begins. (The expected 
start date is now late November 1997).

Additionally, since that WSJ article appeared late last year,
the NJ DMV has indicated that the new emissions testing program
is only going to be implemented for vehicles 1981 and later.
That means even daily drivers that are 1980 or older will be
tested exactly as they are today with just an idle emissions
test, and as before, ANTIQUE registered cars won't be checked
at all.

Now let me end on a point of caution.  I am not at all
suggesting we, as collector car enthusiasts, should just ignore
legislation like SCS-1700.  Quite the contrary, we should be
right on top of it, BUT we should be very careful about what
we say or write as to any interpretation of this or any other
automotive legislation.  Stay vigilante, but please be accurate
and DON'T spread false information.  Remember, to most of the
public we are just a bunch of car nuts.  I'm happy to be just
one, but if we act irresponsibly, either on the road or in
print, we risk the loss of whatever credibility and public
support we do have.

Please feel free to publish or reprint any or all of my comments 
as you see fit.

Now, if we could just get the state of NJ to dump the 55 speed limit!

Bill Sohl
29 Netcong Road
Budd Lake, NJ 07828
Phone: Home 201-691-8116
email:  billsohl@planet.net

Cheers,
Bill Sohl   Budd Lake, NJ   billsohl@planet.net
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