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TRF Newsletter, WSJ article on NJ emissions (Long)

To: triumphs@Autox.Team.Net
Subject: TRF Newsletter, WSJ article on NJ emissions (Long)
From: billsohl@planet.net (Bill Sohl)
Date: Sun, 30 Mar 1997 02:43:00 -0500
Cc: jeffn@msystech.com, Carbuff@scooter.net
Several people asked me for more detail about the Wall
Street Journal article that TRF had in their latest 
newsletter to which I commented was significantly off base.

Here's my write-up in contrast to what the WSJ article claimed:

     The NJ Emissions Testing Law, SCS-1700

The latest TRF newsletter contains a reprint 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.  Hereís 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 Jerseyís 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.  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 authorís 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 donít.  Yes, it will be 
costly in both time and dollars, but until that happens, 
donít 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 donít already 
have your vehicle under ANTIQUE tags, do so.  If it doesnít yet 
qualify, then get your paperwork in order so you can apply for 
collector status, if and when, this actually begins.

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 wonít 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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