SandBlasted Posted May 19, 2009 Share Posted May 19, 2009 We have cleared the latest hurdle thrown at us who wish to register our Side By Sides; The EPA. While this is good news at the federal level, I have yet to receive a reply back from the DMV and don't expect the DMV to be receptive to this, but I'm keeping my fingers crossed. We sent an email to the EPA a few weeks ago asking about EPA rules on owner modified side by sides. Below is the response. I will be creating a letter to the DMV asking for registration if the DMV again denies registration so if everyone can be prepared to do the email campaign again, I would appreciate it. ----------------- Dear Mr. Froese. It appears we have crossed the latest hurdle the DMV has placed to stop the registration of our owner modified side by sides. I have been in contact with the EPA and have received their response and it is below. We have shown there is nothing in state law or federal law either with the NHTSA or the EPA that prohibits our registration. I now ask again that you please allow the registration of my Rhino, which meets all state and federal laws. Craig Castleberry -----Original Message----- From: Wehrly.Linc@epamail.epa.gov [mailto:Wehrly.Linc@epamail.epa.gov] Sent: Tuesday, May 19, 2009 12:00 PM To: Craig Castleberry Cc: Chen.Emily@epamail.epa.gov Subject: Fw: Hello. I have not received a response - the Yamaha Rhino Mr. Castleberry, You asked whether there were any federal emission standards that you needed to comply with if you converted your 2006 Yamaha Rhino to a Low Speed Vehicle. The answer is no. Yamaha certified the Rhino as a nonroad recreational vehicle to our ATV emission standards. As best as I can tell, the modifications you have made to your vehicle is to reduce the top speed to 25 mph. There have been no changes to the engine or emission control system. Since the EPA is not involved in state registration issues, any other issues you may have in converting your vehicle will be between you and the state. Regards, Linc Wehrly Linc Wehrly Manager, Light-Duty Vehicle Group Compliance and Innovative Strategies Division United States Environmental Protection Agency (734) 214-4286 wehrly.linc@epa.gov Quote Link to comment Share on other sites More sharing options...
Jakster884 Posted May 19, 2009 Share Posted May 19, 2009 Keep up the good work. One day it will pay off. Quote Link to comment Share on other sites More sharing options...
Richard Cheese Posted May 20, 2009 Share Posted May 20, 2009 at Oceano dunes, i saw a couple of AZ street legal rhinos drive off the beach. I was like :wtf: and I flaggedthem down, as I thought they didnt know what they were doing, and attempt to save them a ticket "ah sorry sir, this is legally street registered. Weve been stopped several times this weekend, and were cool......wanna see my paperwork?" like this guy was thinkin i was a freekin off duty LEO or something that is pretty awesome though, drive off the beach to go eat, and not have to worry about hitching and unhitching, as well as getting stuck..... Quote Link to comment Share on other sites More sharing options...
mineurbiz Posted May 20, 2009 Share Posted May 20, 2009 Craig sorry if this has been asked of you already, but why can we not get the same process and approval that Arizona gives their SxS's? How did they get their law passed? Is it possible to get someone from AZ envolved to solve this issue and reg them the same rather than slow moving? Quote Link to comment Share on other sites More sharing options...
Vegas FX400 Posted May 20, 2009 Share Posted May 20, 2009 Exactly. Before i bought my RZR, i was talking with the customer svc. dept for Ride Now in AZ. We were talking about NV not letting us register these here. She said that people drive them EVERYWHERE in AZ. She had said that she even saw someone on the freeway in the slow lane doin 55. That's stupid, but the fact is that you can take them on ALL streets (even quads). What gives with the fact that AZ is better on this issue. I'm sure that there were alot of hurdles in the begging on this issue there. It's like the DMV doesn't want the extra $$$ for registering these. Even if you bought it out of state (like i did), i WOULD be willing to pay some sort of sales tax so i can drive it on the street. Quote Link to comment Share on other sites More sharing options...
SandBlasted Posted May 20, 2009 Author Share Posted May 20, 2009 The problem is, the DMV does not want to register them. I have been working on this issue for more than 2 years. Registering them as a low speed vehicle was a way of answering the DMV about the vehicles not meeting FMVSS (Fed. Motor Vehicle Safety Standards) Meeting FMVSS as a low speed vehicle is the easiest way to convert a side by side. The feds made is fairly simple so people can convert their vehicles We can take them over to AZ and get them registered, but Nevada has some strict laws on being a resident of Nevada and out of state registration. This is a last resort option personally, as we don't know how LEO will handle it, or if the comity clause of the constitution will end up allowing it in a court of law. Even if it is ruled that we did not break the law for operating the side by side in Nevada, we can still be ticketed for being a resident of Nevada and having out of state registration. The DMV has in my opinion either lied to our reps in Carson City, or really does not know the law. They know the law now and I doubt the EPA ruling will change their minds. The federal laws about certification and emissions greatly differ when an owner modifies his own vehicle, and a vehicle that is produced in commerce. In short, we are trying to do this legally in Nevada. Last ditch effort, I will find a way to legally tie it to AZ and have it licensed there and see what happens when it is operated here in Nevada. There are several possible ways to do this. Through a trust, a LLC, or since my wife does not work in Nevada, I may set her up as a legal resident of AZ. As a protest if that is successful, I plan then to register the rest of my 6 plated vehicles in AZ as well. Currently since there is no state law or federal law that stops my registration and if the DMV still won't allow it, I feel it is my right to protest in any legal way I see fit. Cutting off the funds I pay for registration of my vehicles is how I plan to do it. The only person that can control the DMV is the governor. While I have supported him for years, I did not give him enough cash apparently for access for him to hear my grievance. While we have many that want to register their side by sides here, and while many of you have written emails, we really don’t have the numbers to force a change. Quote Link to comment Share on other sites More sharing options...
SandBlasted Posted May 20, 2009 Author Share Posted May 20, 2009 at Oceano dunes, i saw a couple of AZ street legal rhinos drive off the beach. I was like :wtf: and I flaggedthem down, as I thought they didnt know what they were doing, and attempt to save them a ticket "ah sorry sir, this is legally street registered. Weve been stopped several times this weekend, and were cool......wanna see my paperwork?" like this guy was thinkin i was a freekin off duty LEO or something that is pretty awesome though, drive off the beach to go eat, and not have to worry about hitching and unhitching, as well as getting stuck..... There is no actual law I can find in AZ that allows registration, they just do it. Quote Link to comment Share on other sites More sharing options...
SandBlasted Posted May 20, 2009 Author Share Posted May 20, 2009 Exactly. Before i bought my RZR, i was talking with the customer svc. dept for Ride Now in AZ. We were talking about NV not letting us register these here. She said that people drive them EVERYWHERE in AZ. She had said that she even saw someone on the freeway in the slow lane doin 55. That's stupid, but the fact is that you can take them on ALL streets (even quads). What gives with the fact that AZ is better on this issue. I'm sure that there were alot of hurdles in the begging on this issue there. It's like the DMV doesn't want the extra $$$ for registering these. Even if you bought it out of state (like i did), i WOULD be willing to pay some sort of sales tax so i can drive it on the street. What most people who buy a side by side out of state don't know, is there is a tax paid stamp that is supposed to be affixed to your ATV or side by side. This came about a few years ago. You can be ticketed for operating a ATV, side by side or dirt bike if you don't have this stamp. The stamp is given to you when you purchase the vehicle in Nevada by the dealer or by the DMV (I think) when you pay the sales tax on a vehicle purchased out of state. So far I have not heard of anyone being ticketed, but sooner or later it will happen. Quote Link to comment Share on other sites More sharing options...
Foxysandchick Posted May 20, 2009 Share Posted May 20, 2009 I haven't looked into your topics much, but does this relate to what you are trying to do? http://www.dumontduneriders.com/invision/i...c=11699&hl= Quote Link to comment Share on other sites More sharing options...
SandBlasted Posted May 20, 2009 Author Share Posted May 20, 2009 (edited) I haven't looked into your topics much, but does this relate to what you are trying to do? http://www.dumontduneriders.com/invision/i...c=11699&hl= No. What I'm trying to do is find a way for us to be able to register our side by sides here in Nevada so we may operate them on the streets. This is NOT a mandatory program. We are not reinventing the wheel. Low Speed Vehicles (LSV) are already on the roads here in Nevada and are already being registered. Several manufactures make LSV’s. We are asking that the DMV allow owner modified vehicles to be registered as well. The DMV policy is to allow only vehicles made by a licensed manufacture to be registered as a LSV. No one would be required to register their Side By Side as a LSV. The bill you are referring to is for off-road registration. While I have not read the bill, it is most likely a mandatory program for all off road vehicles operated off road only. If our side by sides were allowed to be registered as LSV's they would be exempt from the off road registration. In AZ, you must register your vehicles. You can register them as a on-road vehicle or an off-road vehicle. ON road registration requires the addition of safety items to be installed in order for registration for on-road use. Basically we are asking for the same here in Nevada. Edited May 20, 2009 by SandBlasted Quote Link to comment Share on other sites More sharing options...
SandBlasted Posted May 20, 2009 Author Share Posted May 20, 2009 I haven't looked into your topics much, but does this relate to what you are trying to do? http://www.dumontduneriders.com/invision/i...c=11699&hl= I looked over that bill, it is a bill that according to what i've read in the minutes was drafted by the Nevada wildlife coalition. It is a mandatory registration program. Quote Link to comment Share on other sites More sharing options...
Foxysandchick Posted May 21, 2009 Share Posted May 21, 2009 (edited) I looked over that bill, it is a bill that according to what i've read in the minutes was drafted by the Nevada wildlife coalition. It is a mandatory registration program. I'll go read your other threads and see what it is you are trying to do and what the issues are. While I'm not against being able to drive OHV's or low speed vehs on the streets, I'm not entirely for it either. But good luck with your efforts. Edited May 21, 2009 by Foxysandchick Quote Link to comment Share on other sites More sharing options...
SandBlasted Posted May 21, 2009 Author Share Posted May 21, 2009 (edited) I'll go read your other threads and see what it is you are trying to do and what the issues are. While I'm not against being able to drive OHV's or low speed vehs on the streets, I'm not entirely for it either. But good luck with your efforts. Low speed vehicles are already on the streets. They have to stay on roads with a posted speed limit of 35mph or less. Most of these vehicles are NEV (Neighborhood Electric Vehicles) The GEM Car is one such vehicle. LSV and NEV have to meet FMVSS (Federal Motor Vehicle Safety Standards) and for owners of side by sides they are fairly easy to convert. One of the reasons we want to register them is to have access to park service approve dirt roads, like to the river where only street legal vehicles are allowed or be able to drive them to the desert without having to load them up in a trailer. The other is they are fun to drive and for myself easy to get around town here in Boulder City. It is also perfect for other states if you travel, as most have LSV laws on the books. Because of the FMVSS required, like windshields meeting AS-5 glazing standards and seat belts ATV's would not be allowed. Edited May 21, 2009 by SandBlasted Quote Link to comment Share on other sites More sharing options...
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