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| Why not, my XJS isn't pulled by any horse! |
I posted earlier about my '96 Mustang being considered a vintage vehicle. Is it just an old car, or is it a historical vehicle? It' s obviously old enough to bring back memories of many onlooker's youth.
That got me to thinking, maybe my XJS could benefit from being registered that way. Not as a horseless carriage. It' s old, but that would be stretching things quite a bit!
But as a historical vehicle. The term, "Historical vehicle" is not just an opinion, in this case, it is a legal status defined by the California vehicle code.
Why would I want to do this?
The biggest gain would that the car would no longer be subject to a biannual smog check.
Every old Jag owner, the car, not the human, lives in fear of that failure.
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| photo source" consumerreports.org It's only a problem if it doesn't go out. |
It's not that we want to flaunt the law and pollute the earth's atmosphere. It's that our cars are quite finicky and temperamental, and they are getting to be pretty old.
There is a new bill that just passed, AB2225 which amends the law specifying which vehicles are exempt from the smog check requirement.
I was watching a video posted by Mike Frankovich of "Californians for Classic Car exemptions." It was released in February of this year, describing the bill which was brought to the California Assembly by Assembly Member Grayson.
The bill was passed into law and exempts vehicles registered as California Historical Vehicles from the need of the biannual smog check.
If you can remember that years ago the exemption for old cars was moved back from pre 1976 vehicles to a rolling exemption that applied to cars that were twenty five years old or older. This was great for enthusiasts because it meant that newer and newer cars would be eligible. We would now be up to 1995!
The designated age of a historical vehicle was only twenty five years of age, but the need to conform to the smog check was still in effect, even for historical vehicles that were not used for everyday transportation.
That meant that your 1990 car couldn't be driven if it failed the smog test, or worse, even if it would pass the sniff test, but had other issues with sensors that would trip codes. These would light the CEL, resulting in a fail. Issues with sensors, tripped codes that can't be cleared, difficult to diagnose problems with drive cycles, wiring and hard to source parts. Sounds like most 80's and 90's Jaguars to me.
Historical vehicle registration has several requirements.
First, is the age of the vehicle. Built prior to 1922 or at least 25 years old. 1922 was almost one hundred years ago! That's quite a a range in model years. My XJS is a relative youngster at 31 years of age.
Second, is that it is owned by a collector. I was quite pleased to discover that I was, by law, considered an auto collector, instead of just a weird old guy with too many cars taking up all the curbside parking. You just need to own one collector car to qualify.
Third, that it is a vehicle of historical significance. Just the fact that the vehicle has survived up to this point is a factor in it's favor. Although Jaguar made quite a few XJS models, there aren't that many survivors. Plus, it's got twelve cylinders, just like a Pierce Arrow or Packard.
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| photo source: auto.howstuffworks.com This is a Pierce Arrow. Twelve cylinders are automotive royalty. |
And finally, the vehicle will be used "primarily" for club events, shows, tours etc. The actual statute is worded in a more hobbyist friendly manner. The word "primarily" is the sticking point and subject to interpretation. Note that it does not say "exclusively."
One contributor on the Antique Automobile Club of America, ( A.A.C.A.) board said that he considered the term "primarily" to mean 51% historical use, and 49% personal use. I wish that the language was so clear cut!
Clearly, the intent is that the vehicle will not be used for everyday transportation. Commuting to work, etc.
There has been several bills passed over the years that have dealt with collector cars. Some have been good and helpful. Like the one that exempts collector cars that have been in long term disuse from having to pay back registration fees. This is helpful because the accumulated fees were often excessive, and resulted in the car being scrapped instead of restored.
AB2225 appears to be another helpful bill.
This new bill does not require that the car be covered by collector car insurance. These policies usually have mileage restrictions. I suppose that this requirement was to keep annual mileage on the vehicles down.
Of course baked into the statute is language that will definitely limit mileage driven.
I don't have a problem with limited mileage, I've got several other cars that I drive. The car has mostly sat for the three years that I've owned it so far, anyway.
There are certain conditions in my life that eliminate the idea that I will ever be driving or commuting to work.
First of all, I'm retired and I no longer have a job to drive to!
Second, I have several other cars registered to me. A couple are late models. Therefore it cannot be assumed that my collector car is my only car, and would be used for regular transportation.
I suppose that I could join a car club to verify the "hobby status'" of my activities. I will probably join the Antique Automobile Club of America and perhaps a local chapter of a marque club.
There are many actual car shows that take place all over the state and country.
I'm participated in the Pacific Coast Dream Machines show, Friendship Day, The Riviera Owners Association annual get together, Good Guys shows, and the Central Valley British car show,
These were legit, big time shows.
But consider how many casual "Cars and Coffee" events and "Cruise Nights" take place locally.
These are legitimate shows also.
So anytime that I drive to a show or event is it a legitimate use of the car? So if I drive up to Reno for Hot August Nights that's okay? Even if I spend the nights in Lake Tahoe?
The car can also be driven on "tours". A club tour would probably be a multi car event, Could a solo car also comprise a tour?
What makes a trip a tour? A trip made primarily for pleasure? A trip made without any commercial gain? Not for the paid transport of passengers or cargo? These two things would definitely remove it from the "tour" category.
Is it a "tour," if I call it a tour?
The car can be driven to repair facilities and then it would need to be test driven, and undergo "shake down" driving evaluation episodes. As we know, cars also need regular exercise to remain in good running condition.
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| photo source; carthrottle.com Not what you want to see in your rear view mirror. |
The biggest hang up are the words "primarily used." However, I noted that it does not say "exclusively." These words are subject to interpretation, call in the lawyers! If a cop sees me driving around in my Jag, he could stop me and reasonably and legally ask me where I'm going and for what reasons. Interpretation of the law always comes down to the officer on the street. If he believes there is a violation then he can cite me and I'd have to prove my case in court. Hopefully he would not feel compelled to call a tow truck!
All this sounds pretty extreme to deal with someone just driving their own old car!
The question would be if I am operating the vehicle outside of the legal restrictions.
It's beginning to look like the benefits are going to be overwhelmed by the hassles.
Am I trying to game the system?
Not really, I just want to be able to ensure that I can maintain the use of one of my cars.
With conventional registration, if my car fails the smog test I will be unable to renew my registration and legally drive it. Now you are caught in a real quandary, you can't move forward and complete the registration and you can't go back as if it never happened and place it on "non-op" status. You can't even drive the car to a repair shop without a one day trip permit. You might need to tow the vehicle on a trailer!
With the historical vehicle plate, the smog requirement is lifted and I can continue to work on my car and test drive and use it while I continue to improve it.
The car is currently 31 years old. Under present laws once it reaches 35 years of age it will automatically be under a different classification. Whether or not it is under historical vehicle registration or not.
So I can shield my car until it is 35 years old.
I have some real concerns about the ability of my car to pass smog testing. I could be caught holding the bag with several thousand dollars I've currently invested in fixing it up. There's thousands more that need to be spent. The convertible top, the suspension, the seats, and interior wood work. Not to mention the radio, a/c , power windows and all the little foibles that the car has. That all takes time, effort and money. I'd have no guarantee that my investment would be protected.
If my car was currently exempt from smog, I'd just maintain the current registration. The license fees are not excessive, I've kept it insured, and I'd still want to keep it running as well as possible. Annual mileage would still be pretty low. It's not the kind of car that I would be driving everyday anyway. Plus I've got a lot of other cars that I can drive.
I'm not too happy with the vagueness of the usage description. There's a lot of room for interpretation that might not be in my favor. For certain, I won't ever again be commuting to work in it. I definitely will not be using it as my daily driver transportation. I will occasionally take it to shows and exhibitions. I will maintain and preserve it, which means keeping it regularly exercised.
I think that I can live with that.
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