Date: Thu, 15 Jul 2010 00:52:50 +0000
Reply-To: Bill Shawley <easywind1975@HOTMAIL.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Bill Shawley <easywind1975@HOTMAIL.COM>
Subject: Re: Dash Cluster Needed, '86+
In-Reply-To: <20100714235834.87597136F21@hamburg.alientech.net>
Content-Type: text/plain; charset="iso-8859-1"
I think the dude just needs a hard to come-by syncro speedo...... anyone have one of those tucked between their FMVSS volumes?
> Date: Wed, 14 Jul 2010 19:58:27 -0400
> From: mikes@FLATSURFACE.COM
> Subject: Re: Dash Cluster Needed, '86+
> To: vanagon@GERRY.VANAGON.COM
>
> 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 first one, 15 USC Sec. 1381, was repealed in 1994, and no longer even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.
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