Date: Wed, 14 Jul 2010 17:42:10 -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+
In-Reply-To: <20100714235834.87597136F21@hamburg.alientech.net>
Content-Type: text/plain; charset="US-ASCII"
First of all, they're not laws... they are regulations. Pretty sure the
Feds aren't going throw you in the pokey for violating the vehicle code.
Second, I suppose you're "technically" correct that the Feds can't control
safety requirements, but they do. Simply put, you can't get a
manufacturer's license unless you meet the FMVSS. So, by default, they got
you.
Third, the States all follow (and add to) the Federal standards. And in
fact, enforce them.
Fourth, I'm pretty confident that every state has laws concerning tampering
with the speedometer/odometer (the odometer being the important one).
As for the FMVSS not applying to used vehicles... true, the Feds are not in
the business of regulating used vehicles, they're setting the standards for
manufacturers. However, the states do regulate used cars, and that is why
they use the FMVSS as a basis for their requirements. As I stated before,
it all starts there.
Personally, I find it bizarre that anyone would be advocating for the
removal of a vehicle's speedo/odo assembly, but hey, it's a semi-free
country.
You sure you're not a statistician? You seem to twist your pseudo facts to
fit your argument.
-----Original Message-----
From: Mike S [mailto:mikes@flatsurface.com]
Sent: Wednesday, July 14, 2010 4:58 PM
To: Jeff Schwaia
Cc: vanagon@GERRY.VANAGON.COM
Subject: Re: Dash Cluster Needed, '86+
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first one, 15 USC Sec. 1381, was repealed in 1994, and no longer even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.
