Quote:
Kit bikes ‘banned'
By Mark Moses
mark@mosesautomotive.com
There is a real chance some motorcycles will be banned. Environmental Protection Agency (EPA) rules will change the motorcycle industry in much the same way it changed the automotive industry in the '70s and '80s.
Actually, motorcycle emissions standards were first established in 1978 and have been changing ever since. New rules taking effect this year are very interesting and effect many hobbyists and small manufactures. The new regulations now classify home-built or small builder bikes as "kit bikes." Here is a brief overview of some of the new federal laws regarding these kit bikes;
You may only own one kit bike per lifetime.
You may not sell your kit bike for five years after its final assembly, even in the case of death, bankruptcy or divorce.
Someone else may assemble the bike for you, but this would be your exempt bike for your lifetime.
If your bike is wrecked or stolen, you cannot replace it.
You cannot build your bike using a factory built bike or parts; you must start with a new engine and frame.
Kit bikes may be used on the road without any travel restrictions.
Small manufactures will be able to build as many as 24 "custom motorcycles" per year with severe restrictions. The bikes will require a tag mounted on the bike that states its limited use. Use on public roads is limited to only display purposes, like travel to and from shows.
There will be no mileage provisions, so traveling to shows could be on the other side of the country. Many small builders will be put out of business due to these regulations and most of the bike builders you see on today's wildly popular TV shows will also feel the effects.
Laws that have been on the books for years also limit many of the changes people can make to their factory built bikes from the likes of Harley Davidson, Honda and Big Dog. Anti-tampering rules do not allow any changes to the fuel system, exhaust system, or any other engine component that could cause emission levels to change. A multi-billion dollar per year industry exists today to supply all these banned modifications, but changes are on the way.
Much in the way the performance car part manufacturers have done, the motorcycle parts suppliers will be required to have their parts certified. This means they will have to prove that their parts are built, and will pass tests to prove, that they do not adversely effect emissions.
Initially, there is sure to be some screaming and unrest in the motorcycle community. After the dust settles, there will be gain for all involved. One only has to look at the automobile industry to see the future.
The first thing that will happen is the industry will get involved in the regulatory side of the rule making, and this is already happening with a new V-Twin committee formed on the Motorcycle Industry Council.
It has been proven the government really knows very little about industry and invites input and suggestions. This interaction always softens the regulations and makes them more reasonable to comply with by the manufactures.
People like to think government intervention is never good but there are a few things to consider on the positive side. Motorcycles will be more environmentally friendly with lower emissions, they will be more fuel efficient, much more powerful and last a lot longer.
We all know what happened to today's cars in the last 20 years; they are fast, safe and efficient, thanks partly to governmental rules.
Sure, bikes will cost more due to new technology, but what doesn't cost more today?
Contact Mark Moses at Mark@NorthCoastMC.com.
KevinP (Stabby McShankyou) wrote:
and I'm NOT a pedo. everyone knows i've got a wheelchair fetish.
U.S. EPA, 40 CFR Part 86, Subpart E wrote:§ 86.407-78 Certificate of conformity required.
(a) General requirement. Every new motorcycle manufactured for sale, sold, offered for sale, introduced or delivered for introduction into commerce, or imported into the United States which is subject to any of the standards prescribed in this subpart is required to be covered by a certificate of conformity issued pursuant to this subpart, except as specified in paragraph (b) of this section, or otherwise exempted from this requirement.
(b) Interim personal use exemption. An individual may manufacture one motorcycle for personal use without a certificate of conformity, subject to the following provisions:
(1) The motorcycle may not be manufactured from a certified motorcycle. The motorcycle may not be manufactured from a partially complete motorcycle that is equivalent to a certified motorcycle, unless the emission controls are included in the final product. The motorcycle must be manufactured primarily from unassembled components, but may incorporate some preassembled components. For example, fully preassembled transmissions may be used.
(2) The motorcycle may not be sold within five years of the date of final assembly.
(3) No individual may manufacture more than one motorcycle during his or her lifetime under this exemption. This restriction applies with respect to the person who purchases the components and/or uses the motorcycle, rather than to the person(s) who actually assemble(s) the motorcycle.
(4) This exemption may not be used to circumvent the requirements of paragraph (a) of this section or the requirements of the Clean Air Act. For example, this exemption would not cover a case in which an entity purchases a kit, assembles the kit, and then sells it to another party; this would be considered to be the sale of the complete motorcycle.
(c) Interim display exemptions. Uncertified custom motorcycles that are used solely for display purposes are exempt from the standards provided they conform to the requirements of this paragraph (c). Unless a certificate of conformity has been received for such motorcycles, they may not be operated on the public streets or highways except for that operation incident and necessary to the display purpose.
(1) No request is necessary for display motorcycles that will not be sold or leased.
(2) The following requirements apply for exempting display motorcycles that will be sold or leased:
(i) Manufacturers planning to sell motorcycles for display must notify EPA of their intent to do so before they sell any exempted motorcycles. They must also maintain sales records of exempted motorcycles for at least three years and make them available to EPA upon request.
(ii) No manufacturer may sell or lease more than 24 exempted display motorcycles in any single calendar year.
(iii) Anyone selling or leasing a motorcycle exempt under this paragraph (c) must ensure that the buyer or lessee agrees to comply with the display exemption terms in the regulations.
(3) Each motorcycle exempt under this paragraph (c) must include a label that identifies the manufacturer and includes the following statement: THIS MOTORCYCLE IS EXEMPT FROM EPA EMISSION REQUIREMENTS. ITS USE ON PUBLIC ROADS IS LIMITED PURSUANT TO 40 CFR 86.407–78(c). EPA may allow manufacturers to locate the label in a location where it is obscured or hidden by a readily removable component. For example, EPA may allow the label to be located under the seat.
(4) As described in 40 CFR part 1051, motorcycles that are not considered to be motor vehicles according to 40 CFR 85.1703(a) may be exempt under this paragraph (c) from the standards and requirements of 40 CFR part 1051. Such motorcycles shall be combined with the manufacturer's highway motorcycles with respect to the sales restriction described in paragraph (c)(2)(ii) of this section.
(5) This exemption may not be used to circumvent the requirements of paragraph (a) of this section or the requirements of the Clean Air Act.
[69 FR 2435, Jan. 15, 2004]
Fire Fighter wrote:This crap would never fly.
Kross wrote:LOL this standard came into act January 15, 2004...
This is not the whole story of this "LAW", it states a person can only create or own one "uncertified" motorcycle in his/her lifetime.
That means you can make 1 motorcycle without EPA certification.
OCC uses certified parts, so they have nothing to worry about as well as probably every motorcycle company in this nation.
You don't have to read this, but it is proof of Spikej being misinformed.
Taken directly from EPA Code of Federal Regulations:
U.S. EPA, 40 CFR Part 86, Subpart E wrote:§ 86.407-78 Certificate of conformity required.
(a) General requirement. Every new motorcycle manufactured for sale, sold, offered for sale, introduced or delivered for introduction into commerce, or imported into the United States which is subject to any of the standards prescribed in this subpart is required to be covered by a certificate of conformity issued pursuant to this subpart, except as specified in paragraph (b) of this section, or otherwise exempted from this requirement.
(b) Interim personal use exemption. An individual may manufacture one motorcycle for personal use without a certificate of conformity, subject to the following provisions:
(1) The motorcycle may not be manufactured from a certified motorcycle. The motorcycle may not be manufactured from a partially complete motorcycle that is equivalent to a certified motorcycle, unless the emission controls are included in the final product. The motorcycle must be manufactured primarily from unassembled components, but may incorporate some preassembled components. For example, fully preassembled transmissions may be used.
(2) The motorcycle may not be sold within five years of the date of final assembly.
(3) No individual may manufacture more than one motorcycle during his or her lifetime under this exemption. This restriction applies with respect to the person who purchases the components and/or uses the motorcycle, rather than to the person(s) who actually assemble(s) the motorcycle.
(4) This exemption may not be used to circumvent the requirements of paragraph (a) of this section or the requirements of the Clean Air Act. For example, this exemption would not cover a case in which an entity purchases a kit, assembles the kit, and then sells it to another party; this would be considered to be the sale of the complete motorcycle.
(c) Interim display exemptions. Uncertified custom motorcycles that are used solely for display purposes are exempt from the standards provided they conform to the requirements of this paragraph (c). Unless a certificate of conformity has been received for such motorcycles, they may not be operated on the public streets or highways except for that operation incident and necessary to the display purpose.
(1) No request is necessary for display motorcycles that will not be sold or leased.
(2) The following requirements apply for exempting display motorcycles that will be sold or leased:
(i) Manufacturers planning to sell motorcycles for display must notify EPA of their intent to do so before they sell any exempted motorcycles. They must also maintain sales records of exempted motorcycles for at least three years and make them available to EPA upon request.
(ii) No manufacturer may sell or lease more than 24 exempted display motorcycles in any single calendar year.
(iii) Anyone selling or leasing a motorcycle exempt under this paragraph (c) must ensure that the buyer or lessee agrees to comply with the display exemption terms in the regulations.
(3) Each motorcycle exempt under this paragraph (c) must include a label that identifies the manufacturer and includes the following statement: THIS MOTORCYCLE IS EXEMPT FROM EPA EMISSION REQUIREMENTS. ITS USE ON PUBLIC ROADS IS LIMITED PURSUANT TO 40 CFR 86.407–78(c). EPA may allow manufacturers to locate the label in a location where it is obscured or hidden by a readily removable component. For example, EPA may allow the label to be located under the seat.
(4) As described in 40 CFR part 1051, motorcycles that are not considered to be motor vehicles according to 40 CFR 85.1703(a) may be exempt under this paragraph (c) from the standards and requirements of 40 CFR part 1051. Such motorcycles shall be combined with the manufacturer's highway motorcycles with respect to the sales restriction described in paragraph (c)(2)(ii) of this section.
(5) This exemption may not be used to circumvent the requirements of paragraph (a) of this section or the requirements of the Clean Air Act.
[69 FR 2435, Jan. 15, 2004]
Quote:
The new regulations now classify home-built or small builder bikes as "kit bikes." Here is a brief overview of some of the new federal laws regarding these kit bikes;