WiscDOT has exceeded their authority. They are applying laws that didn't even exist when some of these vehicles were built. They are taking people's registrations away because their truck has been repainted and in general are trying to remove not only military vehicles but most other collector cars from the road. I have submitted an argument to DOT showing them the error in their ways and referencing all pertinent laws. If successful, Wisconsin will have normal registration with no restrictions available for 1969 and older MVs and certain newer models such as Dodge M880 and the Chevy CUCVs. This fight affects all collectors. Regardless if you want your truck to be a flawless original that only goes to shows or if you have big tires and haul firewood this fight is about government arbitrarily restricting your rights. If you live in Wisconsin, it's critical that you express your support for unrestricted use by writing your legislator. I have posted all of the pertinent information and a web address for finding your legislator on alfaheaven.com. Don't be lazy. What happens here will greatly affect this hobby for many years to come. So muster the troops and thanks for your support! Tom Zat
An argument before the Wisconsin Department of Transportation
Feb. 15, 2011
Linda:
As per our conversation in reference to title and registration of ex U.S. government vehicles, I have assembled here the legal argument against the current titling and
registration restrictions imposed by D.O.T. on three particular model vehicles and vehicles produced before the safety certification standards were enacted. There are
additional errors in the D.O.T. interpretations that show up in this argument but I have not pursued those faults here.
The federal government buys large quantities of light duty commercial vehicles for various agencies including the U.S. military. The current Wisconsin D.O.T. policy
of rejecting normal unrestricted registration and branding titles “Not for highway use” cannot be applied to this type of vehicle. Wisconsin D.O.T. has interpreted several
existing statutes and administrative rules improperly. Wisconsin D.O.T. has also cited the national traffic and motor vehicle safety act of 1966 (hereinafter referred to as
NTMVSA) as the basis for denying registration.
The NTMVSA covers many aspects of transportation safety including federal motor vehicle safety standards. These requirements are updated on an annual basis.
Each standard includes an enactment date. Vehicles produced after that date must meet the standard.
Wisconsin D.O.T.’s current position of requiring the applicant to provide proof of compliance by sending photos of the federal certification label is unacceptable for several
reasons. This label is for consumer information and was never intended to be used for verification. The label was not required to remain intact or legible after the original
sale. The label is glued to the door and when the door is replaced or repainted, the label no longer exists. Vehicles sold to the U.S. government are not required to have this
label regardless of compliance . Vehicles manufactured before a specific date do not have this label. The only true test of compliance is the vehicle identification number.
The manufacturer supplies the U.S. government with v.i.n. sequences when the vehicles are new. Wisconsin D.O.T. has this vin information on file.
49CFR ChV S567 “Federal Motor Vehicle Standards” – certification standard – federal certification label - effective date. Vehicles manufactured after August 31, 1969
with a GVWR of 10,000 pounds or less and all vehicles manufactured after Jan. 1, 1972 must have certification label applied at time of manufacture.
An NHTS label cannot be used to determine compliance as there are exceptions to the rule. There is no law or requirement that the label remain intact after the original sale.
Vehicles that have been repainted or have had the door replaced will not have that sticker.
Trans. 305.02(5) “No section of this chapter requires vehicles meeting equipment requirements established by Wisconsin or Federal law for the date of original manufacture
to update vehicle equipment to meet increased requirements…”. Vehicles built before August 31, 1969 cannot be denied registration on the basis of not having a
compliance sticker as no law existed at the time manufacture.
Trans 305.065 (3) “No vehicle originally designed and manufactured for off highway use may be registered by the Department unless it bears the label required by section
114 of the NTMVSA.”
No vehicle manufactured before August 31, 1969 has or is required to bear the federal safety compliance label. Willys, Kaiser and AMC Jeep vehicles were sold to the
public as highway vehicles by the thousands. Chevrolet, GMC, Dodge, and IHC sold light and medium duty trucks to the public in large numbers. These vehicles meet all
laws in effect on the date of manufacture. Regardless of color or original purchaser, Wisconsin D.O.T. cannot deny normal, unrestricted registration on vehicles
manufactured before August 31, 1969.
Vehicles sold to the U.S. government after the enactment of NTMVSA include; the Dodge M880 ¾ ton pickup. They were sold to the public as ‘Dodge Ram’ and ‘Power
Wagon’. The Chevrolet CUCV (Commercial Utility Cargo Vehicle) pickup. It was sold to the public as ‘Silverado’, ‘K2500’ and ‘K3500’. The Chevrolet CUCV SUV
was sold to the public as ‘Blazer’ and ‘Jimmy’.
SS341.10(6) “The vehicle is originally designed and manufactured for off highway operation unless the vehicle meets the provisions of S114 of the NTMVSA.”
The Dodge pickup, the Chevrolet pickup and the Chevrolet Blazer were originally designed and manufactured for highway operation as light duty commercial vehicles.
Dodge sold this model truck to the public for four years before contracting to the U.S. government. General Motors produced the ‘K’ series pickups and Blazers for public
use for eleven years prior to their government contract. All of these vehicles meet NTMVSA standards as evidenced by examples of motor vehicle compliance labels
supplied to Wisconsin D.O.T. As per the requirements of this section, these vehicles are highway legal.
SS341.10(6M) “The vehicle was manufactured for use in any country’s military and does not meet federal NTMVSA standards.”
This section requires both that a vehicle was manufactured for a military and does not meet NTMVSA as grounds for denying registration.
This section is not applicable to these vehicles as they meet NTMVSA standards.
Trans. 305.02(5) “No section of this chapter requires vehicles meeting equipment requirements established by Wisconsin or Federal law for the date of original manufacture
to update vehicle equipment to meet increased requirements…”.
These vehicles meet state and federal requirements for the date of manufacture. There are no requirements under this section or CH347 that these vehicles do not satisfy.
Trans 305.065 (3) “No vehicle originally designed and manufactured for off highway use may be registered by the Department unless it bears the label required by section
114 of the NTMVSA.”
These vehicles were originally designed and manufactured as light duty commercial vehicles. Both Chrysler and General Motors produced tens of thousands of units for
public use. These vehicles meet the requirements of the NTMVSA including labeling. As these vehicles were originally designed as highway legal motor vehicles, this
section does not apply.
341.266(AM) “former military vehicle means any of the following vehicles, Pinzgauer, Kaiser Jeep M715, Humvee, DUKW.”
The Dodge pickup, Chevy pickup and Chevy Blazer are not considered military vehicles for the purpose of this statute as they are distinctly different from the four vehicles
in the statute. These vehicles do comply with the requirements to register normally or as a “collector”.
49CFR CHv S571.7(c) Applicability – Military vehicles, “no standard applies”.
Fully complying motor vehicles sold to the U.S. government are not required to meet the certification label standard. Example: If you go to a dealership and buy a 2011
Chevy Tahoe, it will have the certification sticker. If the U.S. Government orders the same Chevy Tahoe it may or may not arrive with a sticker.
We have researched all applicable federal and state regulations and no law requires that certification labels be applied in such a manner that it remains legible permanently.
All of the vehicles that I have discussed here, have passed all state and federal requirements on the date of manufacture. No Wisconsin statute or administrative rule can
legally be applied to remove them from highway use. There are no federal laws, state laws or administrative rules in effect that support Wisconsin D.O.T. in denying
normal, unrestricted registration for former U.S. Government owned light and medium duty commercial vehicles. By banning legally complying motor vehicles from normal
highway operation, Wisconsin D.O.T. is not in compliance with the National Highway Administration and Interstate Commerce Commission laws. This position opens the
state to denial of federal highway funds and legal action by the U.S. Government. There are also grounds for class action suits on behalf of the agricultural, forestry and
construction industries.
I strongly urge Wisconsin D.O.T. to review the facts and apply the laws as written. We expect a resumption of normal title and registration processes to resume
immediately and a written statement from D.O.T. to that effect. If not, we are prepared to pursue legal action.
With regards,
Tom Zat, President Alfa Heaven, Inc.
715-449-2141
Attachments:
A-Wisconsin D.O.T. letter (file 507016) & Photos of M880 compliance labels
B-D.O.T. correspondence & Photos of CUCV compliance labels
C-Dodge & Chevrolet Vehicle Identification Numbers
Cc: Governor Scott Walker, Senator Holperin, Senator Mary Lazich, Senator Joseph Leibham, Senator Frank Lasee, Senator Jon Erpenbach, Senator Glenn Grothman,
Senator Spencer Coggs, Assy. Rep. Sondy Pope-Roberts, Paul Underwood, Curt Rymkus, Daryl Lehman, Jeff Rowsam, MMVA, MVPA,
ATTACHMENT A - DODGE M880, PROOF OF COMPLIANCE
From: DZ <cosmo3z@wildblue.net>
Date: October 29, 2010 3:16:06 PM CDT
To: DOT DMV BVS Vehicle Questions <vehiclequestions@dot.wi.gov>
Subject: ATTN: RI 30
Hi Randy:
I have attached a picture of the three Dodges in question so you can see what they look like. They are the three yellow(green?) ones.
We have others that are red. I have included a number tag from one of the red ones as a sample because it would actually photograph.
I have both the compliance tag that is located on the driver's door post and the door tag for each of the 3 trucks you are holding the paperwork for.
I hope you can make out the numbers. They are very difficult to see. If you need anything else, let me know.
Dale
AHI 715-449-2141 8-5 Monday-Friday
www.alfaheaven.com
|
The 3 Dodges in question:
|
|
sample tag (because it is highly legible)
|
W24BE7S199216 |
 |
W24BE7S217655 |
 |
W24BE7S091344 |
 |
ATTACHMENT B - CHEVY COMPLIANCE
May 19, 2010
To: bur-veh-services.dmv@dot.state.wi.us
Hi:
We are a used car dealer. We sell vehicles that are from the U.S. government which come with government 97 forms.
We were told we could not use that 97 form to resell the vehicle but needed to send it in for a Wisconsin title.
We were sending these in "fast" or "priority" title service. Earlier this year, we received notice that this service was no
longer available and I sent a couple of 97 forms in for titles on April 6th. Your website says you are processing March 30th.
This means I have about 2 weeks yet to wait and I have customers anxious to buy the truck which I would sincerely love to
sell and I cannot sell it because we don't have the title. A 2 month delay in titling is not working for us.
How can we speed this up? The title I need as soon as possible is for a 1987 Chev, vin: 1GCGD34J2HF302034.
Any help will be appreciated.
Dale Zatloukal
AHI 715-449-2141 8-5 Monday-Friday
May 21, 2010
From: DOT DMV BVS vehiclequestions@dot.wi.gov
Thank you for using the Department of Transportation's website.
At this time there is no way to speed up this process.
If you need to respond to this message, please be sure to leave all previous messages attached by using the "reply" button
on your e-mail toolbar. This will provide us with complete information in order to respond to your request as the initial person
to answer your email will likely not be the one who responds to a second message. If possible, please provide us with a daytime
telephone number so that we may contact you directly if necessary.
Mitchell RI16
July 1, 2010
To: bur-veh-services.dmv@dot.state.wi.us
Hi:
I've been very patiently waiting for a certain title. Your site now says you are up to May 24th and we sent this in April 23rd.
Could you please check to see what happened to it?
1984 Chevy Pick up VIN: 1GCGD34JXEF310426
Dale Zatloukal
Alfa Heaven, Inc. Dealer number 03151
AHI 715-449-2141 8-5 Monday-Friday
JULY 1, 2010
From: DOT DMV BVS vehiclequestions@dot.wi.gov
The application for this vehicle type requires further review and has been sent to our research department.
You will be contacted if questions or problems are encountered.
Thank you for using the Wisconsin Department of Transportation's web site.
If you need to respond to this message, please be sure to leave all previous messages attached by using the "reply" button
on your e-mail toolbar. This will allow us to track the progress of your request. If possible, please provide us with a daytime
telephone number so that we may contact you directly if necessary.
Please feel free to contact us with further questions either by e-mail again or by telephone at (608) 266-1466.
Our hours of service are Monday through Friday 7:30 AM to 4:30 PM CST.
Bureau of Vehicle Services
RI24 – Jeff
Sent: Friday, July 02, 2010 10:52 AM
To: DOT DMV BVS Vehicle Questions
Hi:
When was it sent R&D and how long before we get the title? It's
already been over 2 months!!!
AHI 715-449-2141 8-5 Monday-Friday
JULY 6, 2010
From: DOT DMV BVS vehiclequestions@dot.wi.gov
The research unit is running about 8 weeks behind. I will send an inquiry around to have the agents look for it
and to contact you if they have it.
If you need to respond to this message, please be sure to leave all previous messages attached by using the "reply" button
on your e-mail toolbar. This will provide us with complete information in order to respond to your request as the initial person
to answer your email will likely not be the one who responds to a second message. If possible, please provide us with a daytime
telephone number so that we may contact you directly if necessary.
Bob RI 39
JULY 19, 2010
To: DOT DMV BVS Vehicle Questions
Hello again,
It's been another two weeks and no one from R&I has contacted us to let us know they have this application for title.
We sent in a government 97 form and an application for Wisconsin title on April 23rd. We bought this truck in Sept. 2009 at the Lomira Auto auction.
Before the auction began, the U.S. government official announced they had contacted Madison DMV and these vehicles would be issued Wisconsin titles.
This is just a Chevrolet pick up truck, an old one at that. It is now going on 13 weeks and we have no title and no information on why this title application
has not been processed. Someone needs to contact us and explain what is going on or issue the title.
Very disappointed.
Tom Zat
AHI 715-449-2141 8-5 Monday-Friday
JULY 28, 2010
To: DOT DMV BVS Vehicle Questions
Hello:
We received the title for the truck today. Thank-you for your help.
Tom Zat
AHI 715-449-2141 8-5 Monday-Friday
This is the vehicle that DMV took so long to send a title for.
Attachment B, part 2
Here are three(3) examples of the Chevrolet CUCVs showing the compliance tags.
 |
 |
 |
 |
 |
 |
Attachment C (2 pages): Vehicle Identification Number
The following tables are the lists of vehicle identification numbers for the Dodge M880 series pickup and the Chevrolet CUCV series pickup and SUV.
One of the requirements of the NTMVSA is the serial number format. Vin numbers are assigned by the motor vehicle manufacturer and are the proof
of compliance. All vehicles of a specific model have the same prefix. Individual vehicle variations within the model, e.g. engine size, are also encoded in the vin.
Unlike the safety certification sticker, the vin is a permanent component on the motor vehicle.
Every year the manufacturers supply the lists of complying vin sequencesto the U.S. government.
The above mentioned vehicles are complying motor vehicles as evidenced by the vin and the examples of compliance stickers shown in attachments A and B.
For the Dodge M880 the number sequence is as follows:
W24BE6S000000 W24BE7S000000 W21BE6S000000 W21BE7S000000
W = 4WD
2 = ¾ TON
4 = 8 foot bed 1 = cab and chassis
B = Engine -318
E = Transmission – 727
7 = Year of manufacture
S = Plant – Saginaw
Last 6 digits are the sequential production number
For the Chevrolet CUCV SUV the number sequence is as follows:
1G8ED1J(0-9)(E,F,G,H)F000000
1 = USA
G = Chevrolet
8 = Chevrolet
E = 6000 – 7000 pounds GVW
D = 4WD
1 = ½ ton
8 = Utility (Blazer, Jimmy)
J = 6.2 Engine
0-9 = Check digit
E, F, G, H = Year (E=1984, F=1985, G=1986, H=1987)
F = Plant – Flint
Last 6 digits are the sequential production number
Attachment C: page 2
For the Chevrolet CUCV Pickup the number sequence is as follows:
1GCGD34J(0-9)(E,F,G,H)F000000 1GCHD34J(0-9)(E,F,G,H)F000000
1 = USA
G = Chevrolet
C = Chevrolet
G = 8000 – 9000 pounds GVW H = 9000 – 10000 pounds GVW
D = 4WD
3 = 1 ton
4 = 2 Door
J = 6.2 Engine
0-9 = Check digit
E, F, G, H = Year (E=1984, F=1985, G=1986, H=1987)
F = Plant – Flint
Last 6 digits are the sequential production number
If you live in Wisconsin and wish to contact your legislator about this issue, and this is not just a problem for these trucks but all
older vehicles, this link should hook you up. Just type it into your browser's address window.
http://legis.wisconsin.gov/w3asp/waml/waml.aspx
On March 8th, 2011, we received this response from Linda Lewis of Research and Information, WisDOT.
 |
 |
