I also want to extend a heartfelt "thank you" and I want to follow up on kcobean's earlier e-mail.
In advance, I apologize for the following novel. This legislation goes very, very deep and has uncovered a great deal. And this is merely an example. In this e-mail, all quoted laws are referenced at the bottom of the e-mail.
After the hearing, Captain Maxey outlined several new and alarming things about what they will be changing (have changed) about the inspection process. First and foremost, he said that it is a requirement that the inspector finds an FMVSS sticker. He said inspectors now are not performing this function and will be re-educated or their license for inspections revoked. I have checked the entirety of the Official Motor Vehicle Safety Inspection Manual and only found references of the FMVSS in relation to requirements for school bus stop sign arms, seatbelt securement methods, Honda pink brake lights, etc. No indications whatsoever of the requirement of an FMVSS sticker.
Further, on the VA State Police Safety page, it outlines the "REQUIRED OFFICIAL INSPECTION PROCEDURE". Captain Maxey's contention that the FMVSS sticker check is first does not show up on this page, either.
I asked a number of times for which part of VA Code allows the FMVSS to be a test for condition of a safe vehicle. The closest thing I could find was in the Administrative Code 19VAC30-70-1 which states in the 2nd sentence that:
" [FONT="]The program model is based on the National Highway Traffic Safety Administration Federal Motor Vehicle Safety Standards. Vehicles submitted for inspection[FONT="]must be compliant with Federal Motor Vehicle Safety Standards applicable on the date of manufacture[/FONT][FONT="]."[/FONT]
It's important to point out that according to records, all of this wording was added in September of 2017, please see the reference at the bottom of the page. Based on conversations with Captain Moxey, I would guess it was added specifically to exclude military vehicles.
For owners like myself who dotted every "i" and crossed every "t" before purchasing the vehicle by contacting various Virginia authorities (DMV, VA State Police, DEQ) and researching all law and scavenging Inspection Manuals thoroughly, I view this change as a bureaucratic power grab that will strip vehicles away from a number of unsuspecting owners across the state. Whether it's military vehicles, kit car vehicles, specially constructed vehicles, etc. Businesses have been built around the previous law and this will have a very deep impact. I have one business right by me that probably has $150,000 worth of military vehicles that will be rendered useless by this with no chance of passing. And in my own business which I just started, I would risk essentially losing a $35,000 vehicle over it.
Further, the wording of the updated 19VAC30-70-1 still shouldn't apply to former military vehicles. The key word to me is "must be compliant with FMVSS
applicable on the date of manufacture". There were no applicable FMVSS regulations in place as it relates to military vehicles. Only the military safety standard. While my truck passed with flying colors in early 2017, the state police is now saying it won't next time.
The other alarming phrase in the new administrative code 19VAC30-70-1 is "date of manufacture". Captain Maxey said this is NOT the date that it left the factory on its way to the military. The VA State Police has decided that the Date of Manufacture is the day it LEAVES the military to go to civilian hands. So their contention is that a 1985 military surplus Chevrolet truck (CUCV) released for sale in 2017 has to meet the FMVSS standard of 2017 model year vehicles, of which I'm sure inspection stations have no way to effectively maintain the changes year to year in the constantly evolving FMVSS. And obviously, that truck has no chance of meeting the FMVSS of 2017.
Captain Moxey offered that this is not a problem, since all they need is just a letter of certification from the manufacturer that it meets the FMVSS. But this is not possible since by some technicalities none of the military vehicles DO meet the FMVSS and no manufacturer could honestly say that it does, especially in 2017.
As it stands, it appears that the Superintendent used his authority from VA Code 46.2-1165 to move the goalposts to purposefully exclude former military vehicles and antique imported vehicles that are gaining in popularity.
I'm hoping that there can be some wording in the new bill that either grandfathers in existing vehicles or preferably establishes clearly that no former military vehicles are required to have an FMVSS sticker or certification. Conversation would still have to be had in regards to kit cars, replica cars, specially constructed vehicles, imported cars older than 25 years, etc because many will be impacted by this change.
Thank you so much for your time, hopefully we can get this figured out.
MaverickH1
References:
Official Motor Vehicle Safety Inspection Manual:
http://www.vsp.state.va.us/download...fety Inspection Manual (November 15 2016).pdf
VA State Police Inspection Page:
http://www.vsp.state.va.us/Safety.shtm
19VAC30-70-1:
https://law.lis.virginia.gov/admincode/title19/agency30/chapter70/section1/
Changes to 19VAC30-70-1 on September 8 of 2017:
http://register.dls.virginia.gov/details.aspx?id=6509
[/FONT]
Superintendent's authority on inspections: https://law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1165/
