Hood Scoops September 2002

California Enacts Nation's First "Greenhouse" Emissions Law

In a blow to California auto enthusiasts, particularly those fond of light trucks and SUVs, California Governor Gray Davis signed into law a bill (A.B.1493) to regulate "greenhouse" gases (GHG), including carbon dioxide (CO2) emissions from motor vehicles. While the new law eliminates some California vehicle owner concerns by preventing regulators from reducing speed limits, restricting vehicle size or imposing new taxes or fees in order to meet new GHG standards, in actuality it is little more than a back-door effort by environmentalists to set fuel-economy standards.

"CO2 is given off whenever gasoline is burned, therefore the only way to cut emissions is to make vehicles that burn less gasoline," said SEMA Director of Government Affairs Steve McDonald. "Ultimately, this new law constitutes an illegal state effort to regulate fuel economy, a strict Federal government prerogative addressed through national Corporate Average Fuel Economy (CAFE) standards."

If left unchallenged, California's new GHG law could easily result in the downsizing or underpowering of popular performance cars, light trucks and SUVs despite consumer demand for better-performing, larger and more utilitarian vehicles. Further, this law could even potentially limit the sale and use of specialty automotive parts designed to increase vehicle horsepower and performance simply because they may increase GHG emissions.

"Even worse," noted SEMA Director of Public Affairs Brian Caudill, "absent a clear legal decision that this new law violates federal authority, other states may opt to follow California's misguided effort and begin setting their own unreasonable GHG emissions rules."

SEMA understands that the major automakers are filing suit to strike down this California law, and we fully support these efforts.

Feds May Look to Regulate HID, Auxiliary Lighting

According to published reports, regulators at the National Highway Traffic Safety Administration (NHTSA) are developing plans to deal with increasing complaints on vehicle lighting related matters. Among the topics NHTSA is looking to address: perceived glare problems associated with high intensity discharge headlamps (HIDs)-often referred to as "blue-tinted" headlights-found on high-end sports and luxury cars; HID knock-off lighting that approximates the look of HID lighting, but violates Federal Motor Vehicle Safety Standards; and concerns about higher-mounted headlamps and auxiliary lighting used on SUVs and pickups to improve foul weather and nighttime driving vision.

Last year, NHTSA sought public comment on these lighting issues due to increasing complaints from glare-sensitive, older drivers. SEMA's comments to NHTSA noted that the specialty aftermarket remains dedicated to encouraging compliance with existing federal and state lighting standards. SEMA further argued that technological advances in lighting over the years-from halogen lighting and HID headlamps to auxiliary driving and fog lamps-has drastically improved driving vision and safety.

SEMA has supplied NHTSA with a comprehensive list of recommendations relative to safe and legal lighting equipment (see below) and pledges to work closely with NHTSA to make sure that any proposed new regulation remains fair to the custom lighting industry and consumers. NHTSA intends to propose the new rules my mid-2003.

SEMA's Lighting Recommendations

NHTSA Should....

* encourage cutting edge technology, such as HID lamps, that comply with federal standards while producing more light and an increased field of view.

* not further regulate front mounted lamps nor regulate optional lighting equipment without evidence that proves that these lamps are a significant safety hazard.

* encourage states to focus enforcement on correcting misaimed lamps.

* encourage local law enforcement to uphold current laws restricting conditions when fog lamp/auxiliary lamp use is allowed, if restrictions are based on proven safety concerns.

* draw a distinction between legal and illegal lighting, not OEM and aftermarket lighting, since many aftermarket products, such as fog lamps, are not prohibited by law.

* work with the lighting industry to develop a "street-enforceable" means to distinguish legal lamps from illegal lamps based on performance criteria, not design specifications.