There continues to be a lot of discussion about the future of our industry as bikers, shop owners, and manufacturers struggle to deal with the new emissions restrictions from the EPA. We have another opportunity to continue our way of life, by starting a state-by-state legislative movement.
My primary concerns remain finding a solution that will keep all the aftermarket engine manufacturers like Flathead Power, R&R, Enginuity, etc in business, and individual builders, at home and in shops, free to build and ride classic choppers.
SEMA in its effort to grandfather Kit cars and other customs crafted a bill that creates two new classes of car to be titled and registered: Street Rods and Custom Vehicles. The law states that vehicles will be titled and registered by the year the body most closely resembles. This helps the county treasurers/titling and registration officials determine how to title and register the vehicle while offering flexibility to the owner. The bill includes kit cars or newly manufactured customs, such as ‘65 cobra replica resembles an actual ‘65 cobra and is therefore titled and registered as a ‘65 cobra custom vehicle.
Also the same regulations i.e. exhaust, safety equipment apply to the kit car as apply to an original ‘65. The concession offered for this privilege is that the vehicles must be temporary use vehicles, or basically cannot be used for “general daily transportation.” This really doesn’t affect the way most people use custom vehicles.
Applying this idea to the motorcycle industry works with the one distinguishing feature of any bike, by attaching a style to its engine/drivetrain. I’m currently drafting language to state that custom motorcycles will be titled by the year that their engine most closely resembles. This would allow a range of years for people choosing to use legacy designs (or reproductions) like flatheads, Knuckles, Pans, Shovels, Evos, etc.
All of these engines were in use prior to 2006. As legacy designs they are not meant to meet the new EPA tier 1 or 2 emissions regimes. As with SEMA’s bill the concession in my new bill would again state that these customs: “Will be maintained for occasional transportation, rallies, club activities, parades, tours, exhibitions, and other similar uses and will not be used for general daily transportation.” This probably wouldn’t change the way many custom owners use their bikes, and for those who are daily riders, they still have the option to get an EPA certified engine.
That’s a quick rundown on my current plan for the next legislative session in MT which convenes in January. Again, my goal is to create a solution that is easy to implement and follows the logic of SEMA’s street rod bill which has met with great success in a growing number of states. I’m still working through the details and would be grateful to receive the thoughts of bikers, shop owners, manufacturers and anyone with a stake in our industry. My goal is to create a model that will serve the needs of our way of life for years to come.
FYI I currently serve as chairman of SEMA’s legislative caucus that organizes state legislators across the U.S. and remain very involved in their titling and registration efforts. I am also a SEMA member.
Senator John Brueggeman
321 Lakeview Dr
Polson, MT 59860
PH: 406.883.2395
FAX: 406.883.2390
CELL: 406.250.6608
senatorjohn@bresnan.net
John Brueggeman
Flathead Technology
10.5 10th Ave E
Polson, MT 59860
PH: 406.270.6699
FAX: 406.883.2390
CELL: 406.250.6608
John@flatheadtechnology.com
Vehicle Laws – Custom Motorcycle
(a) A custom motorcycle means any motorcycle that:
(1) Contains an engine manufactured 20 years prior to the current calendar year or contains an engine manufactured to resemble an engine 20 or more years old; and
(2) Has been altered from the manufacturer’s original design; or is constructed in whole or in part from non-original materials.
(b) The model year that is listed on the certificate of title of a custom motorcycle shall be the model year that the engine of such vehicle resembles.
(c) For each custom motorcycle, there shall be a one-time registration fee of $_____.
(d) (1) in applying for registration of a custom motorcycle under this section, the owner of the custom motorcycle shall submit with the application a certification that the vehicle for which the application is made:
(I) Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, and similar uses; and;
(II) Will not be used for general daily transportation.
(2) In addition to the certification required under paragraph (1) of this subsection, when applying for registration of a custom motorcycle, the new owner of the custom motorcycle shall provide proof acceptable to the administration that the custom motorcycle passed a safety inspection that has been approved by the Administration in consultation with the custom motorcycle community in this state.
(d) Unless the presence of the equipment was specifically required by a statute of this State as a condition of sale in the year listed as the year of manufacture on the certificate of title, the presence of any specific equipment is not required for the operation of a vehicle registered under this section.
(f) A vehicle registered under this section is exempt from any statute that requires periodic vehicle inspections and from any statute that requires the use and inspection of emission controls.
