Well, this is all danged interesting to me.
Last Monday, the 14th, my appeals hearing was held in response to the DMV rescinding my registration on my antique Austrian Pinzgauer.
The hearing was before Judge Mark Kaiser of the Dept. of Admin., Div. of Hearings and Appeals, case TR-08-0027. Paul Nilsen, Asst. Gen. Counsel WisDOT was the DOT's attorney.
DMV canceled my (5+ yr. old!) registration because my truck is ex-military and does not meet FMVSS requirements
. (FYI, vehicles which are over 25-yrs. old when imported into US are federally exempted from the safety standards (FMVSS requirements).)
During the hearing, the DOT employee witnesses kept testifying, over and over, that they NEVER, EVER knowingly register ex-military vehicles! I claimed, and you've shown, that they have registered such ex-military vehicles for decades. Congratulations Carl. (Am I wrong?)
I believe that Jeff Rowsam is being misled. No offense to Jeff. Here's my reasons:
1) No current Wis. Stats. either define, nor ban the registration of, "ex-military vehicles". No current Wis. Stats. define "on-road" nor "off-road" vehicles.
2) No current Wis. Stats. require an on-road vehicle to meet FMVSS standards as a condition of registration.
3) DMV cancelled my 5+ yr. old registration citing s. 341.10(6), a statute written to prevent registration of vehicles like mini-bikes, go-carts and all-terrain vehicles. Look up s. 341.10(6) Wis. Stats.
and then look up the Trans code 305.065
and read it yourself:
http://nxt.legis.state.wi.us/nxt/gatewa ... &jd=341.10
http://www.legis.state.wi.us/rsb/code/t ... ans305.pdf
4) In May, DMV introduced rulemaking which would change the interpretation of 341.10(6) to include requiring ALL motor vehicles to meet safety standards. Has YOUR vehicle got a sticker?? NO.
Here is the Wisconsin Administrative Register, where the new interpretation was first posted on pgs. 2 & 15 (Look for "Trans 123")
http://www.legis.state.wi.us/rsb/code/r ... eg629b.pdf
5) If that statute ALREADY makes your vehicles illegal to register, why are they proposing the change? It doesn't apply to on-road vehicles, IMHO.
Once this "rulemaking process" gets passed, all ex-military vehicles are likely to be MUCH more restricted in registration and operation than current law actually requires. Please research the documentation I've posted, and come to your own conclusions.
I suggest that EVERYBODY phone and write your representatives. Ask that DOT/DMV explain why Pinzgauers (an ex-military vehicle) have already been banned under 341.10(6), and what exactly is DMV's plan for every other ex-military vehicle?
As I referred to above, DMV already took my registration and branded my title "NON ROADWORTHY". My hearing was last Monday, and I turned in my closing argument yesterday. Whether I can drive my truck again is now being considered by the judge.
I'm sure Jeff will think I'm needlessly stirring the pot, and the DOT would have you believe I'm nuts. I disagree with both assesments. I simply believe the DOT is exceeding their statutory authority. But that's just my opinion. Please form your own, based on the facts, not what DOT promises you.