Re: DMV won't register 710 and revoking all pinz plates in H
Posted: Thu Feb 02, 2017 6:36 am
Hi Matt,
Thanks for the update. I am quite interested.
I would immediately establish contact with YOUR rep/s., and ask to meet with them. YOUR reps. will be the most receptive to you, as you can re-elect, or de-elect, them. I'd also get in contact with Rep. Aquino (or staff) as well.
Your Pinz was legally imported under the authority of the US Customs, and with the approval of US DOT, and US EPA. These documents are no longer available (in all likelihood, unless copies were retained by the owner/s), as they were surrendered to the DOT office that issued the first US State Title. If these documents were not legitimate and in order, a US State Title would never have been issued.
As I stated before, your vehicle is FULLY EXEMPTED from FMVSS under 49USC30112(B)(7), because it is older than 25 years. https://www.law.cornell.edu/uscode/text/49/30112
Your vehicle is not a typical "grey market" vehicle. https://en.wikipedia.org/wiki/Grey_import_vehicle Many grey market vehicles make their way into the U.S. without proper importation, and DOT's are understandably concerned. A vehicle not originally made for the US market and that is less than 25 years old can only be imported by or through a "registered importer". Vehicles common to the US are listed on a list of vehicles that can be imported. Others must be modified, and it's a long hard process to do this. But FEDERAL law allows vehicles older than 25 years to be imported without having to comply.
Federally, your vehicle cannot be required to comply with FMVSS. This is why it is important that Hawaii law acknowledge the exemption and create a manner in which you can register it.
Look, US State Reciprocity laws allow ME to bring my Pinz to Hawaii and drive it around with my Wisconsin license plate legally. It's absurd that a voting, tax paying, Hawaiian citizen wouldn't be able to do that.
The US Constitution guarantees the recognition of other state's records, under Article IV, Section 1: "Full Faith and Credit shall be given to each State to the public Acts, Records, and judicial Proceedings of every other State." So if some (other) state has issued a valid vehicle Title for your Pinz, Hawaii should recognize that Title as valid unless Hawaii can show reason otherwise.
It is my opinion that you will need to get Hawaii law changed to exempt certain vehicles from the Cert. Label requirement. That is what we did here in Wis. to amend the Cert. Label requirement. See s.341.10(6), Wis. Stat.: http://docs.legis.wisconsin.gov/statute ... s/341/I/10 Here, a vehicle registered as a "Collector Vehicle" or any "former military vehicle" or "historic military vehicle" is exempted from the Cert. Label requirement. We pushed for a blank exemption for EVERY vehicle older than 25 years, as federal law states, but DOT preferred to apply the exemption to certain groups. Either way, our Pinz's are totally protected and guaranteed registration.
We also specified that a Pinzgauer is defined as a "Collector Vehicle" under .s341.266(1)(am)(1) https://docs.legis.wisconsin.gov/statut ... 341/II/266
Hope this gives you more to think about. If you go the legislative route, you will probably need to garner public support to help. I'd recommend you start to familiarize yourself with other Pinz owners in Hawaii and other car collector groups. You may need to gather a group to push your legislation, at least if your DOT goes to war against you. Hopefully, this does not become a fight. Be nice and try to work with 'em.
Thanks for the update. I am quite interested.
I would immediately establish contact with YOUR rep/s., and ask to meet with them. YOUR reps. will be the most receptive to you, as you can re-elect, or de-elect, them. I'd also get in contact with Rep. Aquino (or staff) as well.
Your Pinz was legally imported under the authority of the US Customs, and with the approval of US DOT, and US EPA. These documents are no longer available (in all likelihood, unless copies were retained by the owner/s), as they were surrendered to the DOT office that issued the first US State Title. If these documents were not legitimate and in order, a US State Title would never have been issued.
As I stated before, your vehicle is FULLY EXEMPTED from FMVSS under 49USC30112(B)(7), because it is older than 25 years. https://www.law.cornell.edu/uscode/text/49/30112
Your vehicle is not a typical "grey market" vehicle. https://en.wikipedia.org/wiki/Grey_import_vehicle Many grey market vehicles make their way into the U.S. without proper importation, and DOT's are understandably concerned. A vehicle not originally made for the US market and that is less than 25 years old can only be imported by or through a "registered importer". Vehicles common to the US are listed on a list of vehicles that can be imported. Others must be modified, and it's a long hard process to do this. But FEDERAL law allows vehicles older than 25 years to be imported without having to comply.
Federally, your vehicle cannot be required to comply with FMVSS. This is why it is important that Hawaii law acknowledge the exemption and create a manner in which you can register it.
Look, US State Reciprocity laws allow ME to bring my Pinz to Hawaii and drive it around with my Wisconsin license plate legally. It's absurd that a voting, tax paying, Hawaiian citizen wouldn't be able to do that.
The US Constitution guarantees the recognition of other state's records, under Article IV, Section 1: "Full Faith and Credit shall be given to each State to the public Acts, Records, and judicial Proceedings of every other State." So if some (other) state has issued a valid vehicle Title for your Pinz, Hawaii should recognize that Title as valid unless Hawaii can show reason otherwise.
It is my opinion that you will need to get Hawaii law changed to exempt certain vehicles from the Cert. Label requirement. That is what we did here in Wis. to amend the Cert. Label requirement. See s.341.10(6), Wis. Stat.: http://docs.legis.wisconsin.gov/statute ... s/341/I/10 Here, a vehicle registered as a "Collector Vehicle" or any "former military vehicle" or "historic military vehicle" is exempted from the Cert. Label requirement. We pushed for a blank exemption for EVERY vehicle older than 25 years, as federal law states, but DOT preferred to apply the exemption to certain groups. Either way, our Pinz's are totally protected and guaranteed registration.
We also specified that a Pinzgauer is defined as a "Collector Vehicle" under .s341.266(1)(am)(1) https://docs.legis.wisconsin.gov/statut ... 341/II/266
Hope this gives you more to think about. If you go the legislative route, you will probably need to garner public support to help. I'd recommend you start to familiarize yourself with other Pinz owners in Hawaii and other car collector groups. You may need to gather a group to push your legislation, at least if your DOT goes to war against you. Hopefully, this does not become a fight. Be nice and try to work with 'em.
.