Special Construction Lifetime Limit???

I was in a dealer today and overhead the sales guy say that as of the first
of the year, there is a limit of ONE PER LIFETIME per person for special
construction bikes.

I've searched the legislative websites, and VC, and can not find anything on
this.

Does anyone know if there is such a new law hitting the books???

 

Joe6Blow9 handed down these > lines in ba.motorcycles:

Here is the link for the full law which contains many things other than
your question (49 pg PDF!!!): http://www.epa.gov/fedrgstr/EPA-AIR/...ay-
15/a006.pdf.

Here are some FAQ excerpts:

What will this new EPA rule mean to me?

If you are going to buy a new motorcycle at your local dealer,
the only things you may notice are that by the 2006 model year, most
motorcycles will come with fuel injection and will require special
diagnostic tools for service work. Some may have catalytic converters in
the exhaust pipes. Both are in use in some models already. There has been
no change to the “anti-tampering” provision of the Clean Air Act.

How will this rule affect the motorcycles I already own?

These new EPA regulations only apply to motorcycles built for
2006 and later. You will not be required to retrofit your current
motorcycles to make them comply with the new rules.

Can I modify the engine or exhaust on my 2006 or later
motorcycle?

The new EPA rule contains the same language that the old rule
contained about this subject – modifying your motorcycle's engine or
exhaust is considered “tampering.” The Clean Air Act, Section 203(a)
states that it is illegal, “for any person to remove or render
inoperative any device or element of design installed on or in a motor
vehicle in compliance with regulations under this title prior to its sale
and delivery to the ultimate purchaser or after such sale and delivery to
the ultimate purchaser.”

Can I still build my own custom motorcycle?

Starting in 2006, it will be legal for you to build your own
custom motorcycle. In the new EPA rules this is called a “kit bike” and
it will not have be to tested to verify that it conforms to the new
emissions standards. There are, however, some very specific rules that
will apply to your kit bike.

You are only allowed one emissions-exempt kit bike in your
lifetime.
You may not sell your once-in-a-lifetime emissions-exempt kit
bike for five years after its final assembly. You may have someone else
assemble your kit bike for you as long as you have purchased the
components prior to the start of the assembly.You cannot build your kit
bike by modifying a factory-built motorcycle that was certified to meet
EPA emissions standards. You must start with a new engine and frame.
Under the existing rule, all kit bikes are supposed to be tested and
certified to meet the 1979 EPA rules. An EPA-exempt kit bike can be used
on the road without any travel restrictions.

What is meant by “one exempt kit bike for a lifetime?”

This refers to the wording of the new EPA rule that allows for
the construction of your kit bike and it refers to your lifetime. You are
allowed one EPA-exempt kit motorcycle that has no restrictions on how and
where it may be used under this rule. The exemption is for the motorcycle
owner's lifetime. When and if a new rule comes out that addresses engine
certification, the lifetime exemption may be rewritten.

Do I have to assemble my EPA exempt kit bike myself?

No, you do not have to assemble your kit bike yourself. You can
pay someone else to assemble your kit bike after you purchase the “kit”
or components that will be assembled into the final motorcycle.

Can I build EPA-exempt kit bikes and sell them?

Under this rule, building EPA-exempt kit bikes and selling them
to other people would not be allowed. The ultimate owner must own the
components before the assembly process begins. You can build as many kit
bikes as there are people who are willing to pay you to assemble their
components. People or businesses that purchase kit bikes to assemble and
then sell them are not covered under this exemption, but may be able to
use the “custom motorcycle” exemption explained later in this document.

What happens if my EPA-exempt kit bike is wrecked or stolen?

The way this new EPA rule is written now, you would not be able
to replace your stolen or destroyed EPA-exempt motorcycle. You are only
allowed one EPA-exempt kit bike in your lifetime under the new EPA rule.

What if a court orders me to sell my EPA-exempt motorcycle?

Under this federal law, you are not allowed to sell your EPA-
exempt kit bike for five years after the date of final assembly, even in
case of death, bankruptcy, or divorce. After five years, your EPA-exempt
motorcycle can be sold. If you do sell your EPA-exempt kit bike, you will
not be allowed to own another exempt kit motorcycle.

Will I be able to build my one EPA-exempt motorcycle whenever I
choose?

That is going to depend on how the EPA looks at the data
California brings to the process in 2006. The California Air Resources
Board (CARB) has similar rules that take effect in 2004 and will be up
for review in 2006. The EPA is planning to review this data and other
exemptions when CARB reviews the effectiveness of their regulations. When
that review is completed, the EPA may choose to regulate all motorcycle
engine manufacturers at that time so that all engines, including those
built by the aftermarket industry, will be required to meet the EPA's
emissions standards when they leave the factory. If they decide on that
course of action, they feel the exemption for kit bikes will no longer be
needed because there will only be EPA-compliant engines available for
builders. The California process will not have anything to do with the
exemption. When and if the EPA sets standards for engines, the kit
exemption would likely go away.

Are there any other exemptions that might affect me?

There is one other type of exemption that will apply to riders,
and that is the “custom motorcycle” (CM). This is like the kit bike in
that it does not have to meet the EPA emissions standards, but different
in several other important ways. A builder may build 24 or fewer per year
and sell them commercially by notifying the EPA and including a tag
somewhere on the motorcycle stating: THIS MOTORCYCLE IS EXEMPT FROM EPA
EMISSIONS REQUIREMENTS. ITS USE ON PUBLIC ROADS IS LIMITED PURSUANT TO 40
CFR 86.407-78(c). The 25th and all subsequent motorcycles built that year
by that builder must all comply with the new emissions standards. An
individual can own as many of the CM exemption motorcycles as he/she can
afford. However, there are severe restrictions on how and where they can
be used on the roads. Use on public roads is limited to display purposes,
such as traveling to and from motorcycle shows. This could be a show in
your hometown or a show on the other side of the country. The distance
does not matter, only the reason for the travel.

Do I have to buy the components for my CM before the assembly
starts?

No, the builder can buy all the parts and build the motorcycle
before he/she even has a customer for it. However, when done in this
manner, the travel restrictions will apply to this motorcycle for as long
as this rule is in effect. The motorcycle will have to comply with the
restrictions on public road use.

Will there be limits on how many miles I can ride my CM?

No, the only limitation is the display purpose clause. The CM is
not supposed to be used as a daily ride; it is intended to be a show bike
that can only be ridden to shows or displays.



There are those that say this portion of the EPA rules was 'helped' along
a great deal by lobbyists from "The Harely Davidson Motor Cycle
Company" .. they have been losing big market share to custom bikes and
this is of course legislation that favors them as all the 'kit' bike
makers will be hit hard and makers like 'Big Dog' et. all will have to be
EPA certified ..a big cost for a small maker.

Cheers

 

If you're just about ready to register a special construction
motorcycle this is how to get 'er done:

http://www.dmv.ca.gov/vr/spcnsreg.htm

Registration Requirements for Home-Made, Specially Constructed, or Kit
Vehicles

A "home-made, specially constructed, or kit vehicle" is a vehicle which
is built for private use, not for resale, and is not constructed by a
licensed manufacturer or remanufacturer. These vehicles may be built
from a kit, new or used parts, a combination of new and used parts, or
a vehicle reported for dismantling, which, when reconstructed, does not
resemble the original make of the vehicle which was dismantled (Vehicle
Code §§5500 or 11520). A specially constructed (SPCNS) vehicle does
not include a vehicle which has been repaired or restored to its
original design by replacing parts or a vehicle modified from its
original design. Example: A Volkswagen "Beetle" modified with fenders,
engine compartment lid, and the front end, which leaves the vehicle
still recognizable as a Volkswagen is not considered a specially
constructed vehicle. NOTE: The registration requirements for kit
commercial vehicles are the same as for specially constructed vehicles.

Visit DMV to begin the application process (make an appointment for
faster service)

The Registration Requirements are: A completed Application for Title or
Registration (REG 343). It must include the labor cost, even if it was
a vehicle that you built.

A vehicle verification. You must start your application process with
the DMV prior to contacting the CHP for a vehicle verification.
Trailers generally do not require CHP verification.

A Statement of Construction (REG 5036) and bill(s) of sale and receipts
for major component parts. The REG 256 may also be used to comply with
bond requirements (see below). Proof of ownership, such as, invoices,
receipts, manufacturer's certificates of origin, bill(s) of sale, or
junk receipts for the major component parts (engine, frame,
transmission, body).

Official brake and light adjustment certificates. When an official
brake and light station that inspects specific vehicles such as
motorcycles and large commercial vehicles is not located within a
reasonable distance, DMV will accept a Statement of Facts (REG 256)
from a repair shop attesting that the brakes and lights are in proper
working order. Brake and light certificates are not required for
trailers weighing under 3,000 pounds gross vehicle weight.

A smog certification, if appropriate. For more information regarding
the Bureau of Automotive Repair's smog program click here. For
information on SPCNS Certificates of Sequence click here.

A weight certificate, if appropriate. Fees due (use tax may also be
due).

Off-Highway Vehicles The requirements for specially constructed (SPCNS)
off-highway vehicles are the same as above, except: Brake and Light
Certificates are not required. A Smog Certification is not required.


NOTE: A motor vehicle bond is required for certain specially
constructed vehicles built from an altered vehicle, or component parts,
registered or formerly registered here or in any other state or built
from materials not previously part of another vehicle or for which
bills of sale cannot be obtained. If the value of the parts not covered
by bill(s) of sale is more than $5000, a bond is required for the total
value of the vehicle.

 

There was an article on this a few months back in American Iron magazine
about 3-4 months ago and yes it's apparently coming. Whether it's the
first of the year or not, I'm not sure.

You might check their website to see if they've got anything there.
http://www.aimag.com

 

Keep this in mind:

"A specially constructed (SPCNS) vehicle does not include a vehicle
which has been repaired or restored to its original design by replacing
parts or a vehicle modified from its original design."

Now, when you talk about "special construction vehicles", riders have
been hassled for years by the California Highway Patrol when they
changed the frame on their motorbike or maybe changed the engine cases
and the DMV has been making them go through all the bullshit of having
a shitty looking "special construction" ID plate riveted to the frame
they bought and then the bike is forever cursed with it.

(One guy registered a dirt bike for the street and the CHP wanted to
rivet an ID plate to the frame. The guy says, "You're not going to
drill holes in my frame! The frame is the oil tank. It will leak!" The
CHP ossifer hemmed and hawed and finally riveted the ID plate to the
swing arm.)

But when you look at the statement above I quoted from the DMV's own
website, if you replace the frame with a stock frame or one that's had
the steering head raked or some minor shit like that, it's still a
stock frame, all you've done is tweak it a little.

The guys that get screwed up by the "special construction" bullshit are
the guys who never had a title for their collection of parts, so they
have to go through all the CHP ID plate hassle.

Where you can get into trouble with "repairing" or "modifying" a
vehicle is when an ossfier who stops you for speeding knows what a
certain vehicle looks like and the motorbike you're on doesn't look a
bit like the original machine.

Case in point:

I know a guy who bought a 1969 CB750 Honda, and it has been massively
modified over the years but he still has the original steering head
with the numbers on it. The gas tank, headlight, tail light, seat,
swing arm, wheels and forks are ALL different, and so is the engine.

He has a totally modified *Suzuki* nitrous oxide injected drag race
motor in it, and whenever he gets stopped by the cops, he insists that
the machine is still a 1969 Honda.

When the cops tell him, "Yabbot, it has a *Suzuki* motor in it,
what'cha gonna do about that?", he insists that the engine is full of
1969 Honda parts...

He's been riding that 1969 Honda for 36 years and insists that it's the
world's fastest 1969 Honda...

See, if you have a *title* for a motorbike, you can get it *registered*
with no problem, regardless of what the machine looks like.

So, what if you have a title for *any* given motorcycle and you decide
that you want to install a raked out hardtail chopper frame and 18 inch
longer springer forks and you're gonna put the motorcycle engine into
it from the machine that you already have a title for, what's to stop
you from renting a set of metal punches and punching your numbers onto
that new frame?

It's legally *your* frame, isn't it? If it works for the guy with the
"1969 Honda", why shouldn't it work for a special constructor who
doesn't want to go through the CHP bullshit and have his frame screwed
up with a special construction ID plate?

What if you legally buy a new set of cases with no serial numbers on
them? What's wrong with punching the numbers from your old cases on the
new ones?