Date:         Wed, 14 Jul 2010 19:58:27 -0400
Reply-To:     Mike S <mikes@FLATSURFACE.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Mike S <mikes@FLATSURFACE.COM>
Subject:      Re: Dash Cluster Needed, '86+
Comments: To: Jeff Schwaia <vw.doka@GMAIL.COM>
In-Reply-To:  <4c3e3cb4.0ee8e50a.7e20.14eb@mx.google.com>
Content-Type: text/plain; charset="us-ascii"; format=flowed

At 06:39 PM 7/14/2010, Jeff Schwaia wrote...
>Okay... if you really want to get technical...

Sure. None of the cites you give are the enabling legislation for the
FMVSS, where speedo requirements are found. As a matter of fact, the
first one, 15 USC Sec. 1381, was repealed in 1994, and no longer even
exists.

Then there's the pedantic. The feds, by the Interstate Commerce clause,
can legitimately control requirements for vehicles involved in
interstate commerce. All others, nope, that's up to the states. There's
also the simple fact that the Constitution gives Congress no authority
to delegate law (i.e. "regulatory law") to anyone else, let alone
non-elected bureaucrats.

Second, the practical. Even if you accept the unconstitutional status
quo, the federal regs (FMVSS) apply to manufacturers and sellers, not
owners. See the enabling legislation for the FMVSS at 49 USC Sec.
30112, et seq. - "a person may not manufacture for sale, sell, offer
for sale, introduce or deliver for introduction in interstate
commerce...unless the vehicle or equipment complies..."

Further, FMVSS doesn't apply to used vehicles (ibid) - "Nonapplication.
- This section does not apply to - (1) the sale, offer for sale, or
introduction or delivery for introduction in interstate commerce of a
motor vehicle or motor vehicle equipment after the first purchase of
the vehicle in good faith other than for resale..."

Or to those vehicles 25 years of age... "Nonapplication. - This section
does not apply to - (9) a motor vehicle that is at least 25 years old."

You want to remove your speedometer? There's no _federal_ law
preventing it.

Your turn, but do your research better this time.