EPA FOR THE LAYMAN - Pt 2
Q: What is meant by “one exempt kit bike for a lifetime”?
A: This refers to the wording of the new EPA rule that allows for the construction of your kit bike and it refers to your lifetime. You are allowed one EPA-exempt kit motorcycle that has no restrictions on how and where it may be used under this rule. The exemption is for the motorcycle owner’s lifetime. When and if a new rule comes out that addresses engine certification, the lifetime exemption may be rewritten.
Q: Do I have to assemble my EPA exempt kit bike myself?
A: No, you do not have to assemble your kit bike yourself. You can pay someone else to assemble your kit bike after you purchase the “kit” or components that will be assembled into the final motorcycle.
Q: Can I build EPA-exempt kit bikes and sell them?
A: Under this rule, building EPA-exempt kit bikes and selling them to other people would not be allowed. The ultimate owner must own the components before the assembly process begins. You can build as many kit bikes as there are people who are willing to pay you to assemble their components. People or businesses that purchase kit bikes to assemble and then sell are not covered under this exemption, but may be able to use the “custom motorcycle” exemption explained later in this document.
Q: What happens if my EPA-exempt kit bike is wrecked or stolen?
A: The way this new EPA rule is now written, you would not be able to replace your stolen or destroyed EPA-exempt motorcycle. You are only allowed one EPA-exempt kit bike in your lifetime under the new EPA rule.
Q: What if a court orders me to sell my EPA-exempt motorcycle?
A: Under this federal law, you are not allowed to sell your EPA-exempt kit bike for five years after the date of final assembly, even in case of death, bankruptcy, or divorce. After five years, your EPA-exempt motorcycle can be sold. If you do sell your EPA-exempt kit bike, you will not be allowed to own another exempt kit motorcycle.
Q: Will I be able to build my one EPA-exempt motorcycle whenever I choose?
A: That is going to depend on how the EPA looks at the data California brings to the process in 2006. The California Air Resources Board (CARB) has similar rules that take effect in 2004 and will be up for review in 2006. The EPA is planning to review this data and other exemptions when CARB reviews the effectiveness of its regulations. When that review is completed, the EPA may choose to regulate all motorcycle engine manufacturers at that time so that all engines, including those built by the aftermarket industry, will be required to meet the EPA’s emissions standards when they leave the factory. If they decide on that course of action, they feel the exemption for kit bikes will no longer be needed because there will only be EPA-compliant engines available for builders. The California process will not have anything to do with the exemption. When and if the EPA sets standards for engines, the kit exemption would likely go away.
Q: Are there any other exemptions that might affect me?
A: There is one other type of exemption that will apply to riders, and that is the “custom motorcycle” (CM). This is like the kit bike in that it does not have to meet the EPA emissions standards, but different in several other important ways. A builder may build 24 or fewer per year and sell them commercially by notifying the EPA and including a tag somewhere on the motorcycle stating: THIS MOTORCYCLE IS EXEMPT FROM EPA EMISSIONS REQUIREMENTS. ITS USE ON PUBLIC ROADS IS LIMITED PURSUANT TO 40 CFR 86.407-78(c). The 25th and all subsequent motorcycles built that year by that builder must all comply with the new emissions standards. An individual can own as many of the CM exemption motorcycles as he or she can afford. However, there are severe restrictions on how and where they can be used on the roads. Use on public roads is limited to display purposes, such as traveling to and from motorcycle shows. This could be a show in your hometown or a show on the other side of the country. The distance does not matter, only the reason for the travel.
Q: Do I have to buy the components for my CM before the assembly starts?
A: No, the builder can buy all the parts and build the motorcycle before he or she even has a customer for it. However, when done in this manner, the travel restrictions will apply to this motorcycle for as long as this rule is in effect. The motorcycle will have to comply with the restrictions on public road use.
Q: Will there be limits on how many miles I can ride my CM?
A: No, the only limitation is the display purpose clause. The CM is not supposed to be used as a daily ride; it is intended to be a show bike that can only be ridden to shows or displays.
Q: Where can I obtain additional copies of this document?
A: You can download and print as many copies of this document as you need by visiting the MRF website at www.mrf.org/epa.php and scrolling down to the link entitled EPA For The Layman. There is access to a downloadable PDF version of this document located at the bottom of that page.
Q: Who should I contact for more information about the new EPA rule?
A: You can contact me, Dave Dwyer, MRF Government Relations Assistant, at dad@mrf.org or 608/742- 0144. I have been a member of the MRF since 1990, and the Wisconsin MRF State Rep since 1994. I researched and wrote EPA for the Layman for the MRF, and I have also been involved in face-to-face meeting with the EPA officials who wrote the new motorcycle emissions rules.
Working with Kirk “Hardtail” Willard, I have been successfully reaching out to the motorcycle aftermarket industry to find people we can partner with on the EPA issue. I believe that having a strong organization in place in Washington D.C., which works closely with the SMROs and represents interests of the street riders, has been critical to successes we have had over the years. MRF needs to increase its membership base to strengthen our position in Washington. We need to add motorcycle aftermarket partners, as well as have strong rider support, to help us in our dealings with the EPA. The previous question and answer section was fact-checked by the EPA, and it correctly states what the new laws will allow or prohibit.
( Editor’s note: To be able to modify this rule, the MRF needs to get feedback from affected motorcycle shops telling the MRF how the new rules will hurt their business. They also need to know how much of your business is building and selling motorcycles from components. How much from engine and exhaust modification? Will you have to lay off workers or close your business if you have to change what you do? The MRF can use your information without using your shop name. They just need real data to present to the EPA. Individuals can also volunteer to get involved when the EPA reopens the Rule for technical revisions by contacting the MRF.) AIM