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Date:         Wed, 14 Jul 2010 15:39:42 -0700
Reply-To:     Jeff Schwaia <vw.doka@GMAIL.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Jeff Schwaia <vw.doka@GMAIL.COM>
Subject:      Re: Dash Cluster Needed, '86+
Comments: To: Mike S <mikes@flatsurface.com>
In-Reply-To:  <20100714221926.51F67136F21@hamburg.alientech.net>
Content-Type: text/plain; charset="iso-8859-1"

Okay... if you really want to get technical... everything starts at the top of the food chain: the NHTSA. State laws can only tack on requirements. The FMVSS comes first. Please feel free to read the Federal Regulations (I have a copy if you'd like to borrow it).

Per PA vehicle code:

"Federal standard." A minimum standard of vehicle or vehicle equipment performance issued under the National Traffic and Motor Vehicle Safety Act (80 Stat. 718, 15 U.S.C. § 1381), the Motor Vehicle Information and Cost Savings Act (86 Stat. 947, 15 U.S.C. § 1901) or the Clean Air Act (81 Stat. 485, 42 U.S.C. § 1857).

"Applicability of Federal standards.--Federal standards promulgated with respect to the performance of any vehicle or item of equipment shall have the same force and effect as if promulgated by the department under subsection (a) and shall supersede any Commonwealth standard applicable to the same aspect of performance for the vehicle or item of equipment."

"Incorporation of standards by reference.--Subject to the provisions of subsections (a) and (b), applicable standards or recommended practices issued by the National Highway Traffic Safety Administration, U.S. Department of Transportation, the Vehicle Equipment Safety Commission, the American National Standards Institute, the Society of Automotive Engineers or any other generally recognized standards setting body may be adopted by reference, provided that copies of the standards are incorporated in the notice of proposed rule making."

Okay... that should end the argument about State regulations. Now you can argue about Federal Regulations.

Enjoy yourself...

Jeff

-----Original Message----- From: Mike S [mailto:mikes@flatsurface.com] Sent: Wednesday, July 14, 2010 3:19 PM To: Jeff Schwaia Cc: vanagon@GERRY.VANAGON.COM Subject: Re: Dash Cluster Needed, '86+

At 04:28 PM 7/14/2010, Jeff Schwaia wrote... >"as originally installed", not original equipment. > >I read that to mean you can't relocate that headlight that burned out, >but >you can replace it.

First, this discussion started out with regard to Pennsylvania. I've already quoted directly from the relevant PA statutes. It's a mystery what AZ law has to do with it.

Second, "as originally installed" was never said to be a literal quote of Arizona law, and absolutely no reference to AZ law was provided, it was just a claim. Which, BTW, the claimant went on to interpret pedantically - I was just following suit.

What especially humorous is that it appears that AZ actually has NO LAW which requires a speedometer. You can look through the relevant statutes here: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=28 Searching for "speedometer" produces no results.

Karl claimed "AZ law says that all safety equipment as originally installed in the vehicle must be properly functioning," but provided no cite. The closest I find is 28-981, which simply requires that "1. The equipment on the vehicle is in good working order and adjustment as required in this chapter. 2. The vehicle is in a safe mechanical condition that does not endanger the driver or other occupant or a person on the highway." So, without a better cite, I'll call BS on the claim.

Third, if, per your claim, one can replace with non-original equipment in the original location, then duct tape and a GPS would work as a speedometer.

Seriously, there are numerous aftermarket speedometers available, and a GPS or $120 VDO electronic one would likely be MUCH more accurate than the original. I doubt that any state requires the OEM, or even an "OEM-like" speedo. They just want vehicles to have functional speedometers.


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