Quote:
Originally Posted by Randy Rosenberg
From my understanding of the "SEMA" model legislation proposal (voted into law by many of the states listed in the early post), it is very clear that emission rules are tied to model year, as well as brake, lamp and safety equipment/inspections are tied to the same model year. The states which have adopted the "SEMA" model legislation did so with full knowledge of the emission requirements and how they are tied to the model year.
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Very true Randy.
Morgester-
This is very interesting. While CA, acknowledges that kit cars legally titled in other states as 1965 model years are entitled to full faith and credit and entitled to keep their 1965 titles, CA has determined that even though State X says it is a 1965, that State X has it wrong and it is really form over substance as those cars were not built in 1965 and CA is therefore going to impose its own set of emissions standards on 1965 titled kit cars. Interesting argument, but the argument itself elevates form over substance and may still encounter full faith and credit problems, as CA would not be giving full faith and credit to the acts of it Sister States, but only "partial credit" because CA is saying "Even though State X says it is a 1965, we really don't think so and are going to treat it differently because we think it is different". In the end, CA is not fully honoring the determination of its Sister States. The other potential problem with this of course is the equal protection clause (I assume the CA Constitution has one of these as well). What justification does CA have in selecting only those 1965 titled kit cars to current emissions and not all 1965 model cars? Is it fair to subject two different groups of people, both of whom who have cars legally titled as 1965 model years, to different requirements?
I give the CA legislature an "A" for creativity, but don't know if this solves the issue for them.