Bud
05-24-2010, 02:46 PM
Hello all!
It’s me again; I suppose some of you are waiting to hear if I have yet mounted the new tires and rims and returned to the place where I got stuck.
Well, I have not yet opened the cabin due to poor weather. However, all of this may be a moot point. On Friday I received a frantic call from the owner of the dealership where I purchased my Tomcar. Apparently the CARB (California Air Resource Board) recently notified him that they are going to send letters to all those who purchased a Tomcar from his dealership, instructing them to return their license plates to DMV in exchange for green stickers (off-road only use). In addition, they have already hit him with a substantial fine for violating one of their statutes (apparently for issuing on-road plates).
We briefly discussed the history that brought this action and I am not yet ready to place any blame on him in particular, we’ll just have to wait and see “what comes out in the wash”.
My biggest concern is that with only a green sticker, I will not have access to all of the trails I want to travel, short of having to tow my Tomcar to the head of the trails, almost all of which begin off the (nearly abandoned) old Federal Highway “71”. Being “street legal” was my reason for choosing the Tomcar in the first place.
Having spent considerable time yesterday pondering and researching my options, I have come up with several possible solutions; any input would be greatly appreciated.
Firstly, I have the option to return my Tomcar to the dealer and being refunded my purchase price, sales tax and licensing fees, etc. I won’t go into the legalese of this action, but I am certain of my success if I chose this path. However, I “like” the Tomcar and I want to seek out a solution that will allow me to continue my enjoyment of this vehicle.
Secondly, I can petition the proper authorities to designate the first three miles of Highway 71 (beginning at the bridge at Highway 50) for combined use of regular vehicular traffic and also for the driving of off-highway motor vehicles. I am reasonably certain that from those reachable trails, all of the remaining trails can be accessed.
The ability to change the designation/use of this Highway comes from Section 38026 of the California Vehicle Code, Division 16.5, Chapter 2, Article 1, which reads (in part):
Designating Highways: Combined Use
38026. (a) In addition to Section 38025 and after complying with subdivision (c) of this section, if a local authority, an agency of the federal government, or the Director of Parks and Recreation finds that a highway, or a portion thereof, under the jurisdiction of the authority, agency, or the director, as the case may be, is located in a manner that provides a connecting link between off-highway motor vehicle trail segments, between an off-highway motor vehicle recreational use area and necessary service facilities, or between lodging facilities and an off-highway motor vehicle recreational facility and if it is found that the highway is designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of off-highway motor vehicles on that highway, the local authority, by resolution or ordinance, agency of the federal government, or the Director of Parks and Recreation, as the case may be, may designate that highway, or a portion thereof, for combined use and shall prescribe rules and regulations thereof. No highway, or portion thereof, shall be so designated for a distance of more than three miles.
Thirdly, I could attempt to modify the Tomcar to be compliant with ARB’s smog requirements, which was the basis for their action in the first place. This gets quite complicated and I am still researching the various sections of the Vehicle Code and ARB regulations in order to formulate a strategy.
I believe the only emissions controls required would be those used when the engine was originally manufactured. My chosen engine would likely be the Suzuki Straight-4, R engine, 1.3L 1298cc 16valve DOHC. It weighs approximately 133 pounds and its dimensions appear to be about right (Height 22”, Width, including carbs, etc. 25”, Length, pully-bellhousing 17-1/2”). It would simplify the modifications greatly if I can connect directly to the current transmission and retain the centrifugal clutch.
Assuming my proposed modifications get me past the ARB requirements and allows me to become “street legal” once again, this will likely be my chosen solution, although I would still pursue the change in the designated use of old Hwy 71 for the sake of all my friends and neighbors that are not “street legal”.
Well, I hated to be the one to “drop this bomb”, but all of us “California” owners have been targeted and I don’t see a lot of options, other that the ones I have proposed. I am open to any and all suggestions.
Bud
It’s me again; I suppose some of you are waiting to hear if I have yet mounted the new tires and rims and returned to the place where I got stuck.
Well, I have not yet opened the cabin due to poor weather. However, all of this may be a moot point. On Friday I received a frantic call from the owner of the dealership where I purchased my Tomcar. Apparently the CARB (California Air Resource Board) recently notified him that they are going to send letters to all those who purchased a Tomcar from his dealership, instructing them to return their license plates to DMV in exchange for green stickers (off-road only use). In addition, they have already hit him with a substantial fine for violating one of their statutes (apparently for issuing on-road plates).
We briefly discussed the history that brought this action and I am not yet ready to place any blame on him in particular, we’ll just have to wait and see “what comes out in the wash”.
My biggest concern is that with only a green sticker, I will not have access to all of the trails I want to travel, short of having to tow my Tomcar to the head of the trails, almost all of which begin off the (nearly abandoned) old Federal Highway “71”. Being “street legal” was my reason for choosing the Tomcar in the first place.
Having spent considerable time yesterday pondering and researching my options, I have come up with several possible solutions; any input would be greatly appreciated.
Firstly, I have the option to return my Tomcar to the dealer and being refunded my purchase price, sales tax and licensing fees, etc. I won’t go into the legalese of this action, but I am certain of my success if I chose this path. However, I “like” the Tomcar and I want to seek out a solution that will allow me to continue my enjoyment of this vehicle.
Secondly, I can petition the proper authorities to designate the first three miles of Highway 71 (beginning at the bridge at Highway 50) for combined use of regular vehicular traffic and also for the driving of off-highway motor vehicles. I am reasonably certain that from those reachable trails, all of the remaining trails can be accessed.
The ability to change the designation/use of this Highway comes from Section 38026 of the California Vehicle Code, Division 16.5, Chapter 2, Article 1, which reads (in part):
Designating Highways: Combined Use
38026. (a) In addition to Section 38025 and after complying with subdivision (c) of this section, if a local authority, an agency of the federal government, or the Director of Parks and Recreation finds that a highway, or a portion thereof, under the jurisdiction of the authority, agency, or the director, as the case may be, is located in a manner that provides a connecting link between off-highway motor vehicle trail segments, between an off-highway motor vehicle recreational use area and necessary service facilities, or between lodging facilities and an off-highway motor vehicle recreational facility and if it is found that the highway is designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of off-highway motor vehicles on that highway, the local authority, by resolution or ordinance, agency of the federal government, or the Director of Parks and Recreation, as the case may be, may designate that highway, or a portion thereof, for combined use and shall prescribe rules and regulations thereof. No highway, or portion thereof, shall be so designated for a distance of more than three miles.
Thirdly, I could attempt to modify the Tomcar to be compliant with ARB’s smog requirements, which was the basis for their action in the first place. This gets quite complicated and I am still researching the various sections of the Vehicle Code and ARB regulations in order to formulate a strategy.
I believe the only emissions controls required would be those used when the engine was originally manufactured. My chosen engine would likely be the Suzuki Straight-4, R engine, 1.3L 1298cc 16valve DOHC. It weighs approximately 133 pounds and its dimensions appear to be about right (Height 22”, Width, including carbs, etc. 25”, Length, pully-bellhousing 17-1/2”). It would simplify the modifications greatly if I can connect directly to the current transmission and retain the centrifugal clutch.
Assuming my proposed modifications get me past the ARB requirements and allows me to become “street legal” once again, this will likely be my chosen solution, although I would still pursue the change in the designated use of old Hwy 71 for the sake of all my friends and neighbors that are not “street legal”.
Well, I hated to be the one to “drop this bomb”, but all of us “California” owners have been targeted and I don’t see a lot of options, other that the ones I have proposed. I am open to any and all suggestions.
Bud