Important update on Vehicle Scrappage Bill 52-5196-5CB now passed into law
By now..most have heard the news this morning that both Houses of Congress have passed the hurriedly-assembled
emergency legislation bill #S.J. Res. 52-5196-5CB. For those who haven't, the bill established an immediate 60-day
phase-out of all pre-1998 vehicles due to increased emissions and sub-standard CAFE fuel mileage averages.
Their action essentially draws to an abrupt end this hobby which we've enjoyed for so many decades.
Vehicle Forfeiture is to begin Friday morning at 9AM.
Already signed into law by the President, the legislation reads as follows:
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Assistance to End usage of out-moded Vehicles Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Automobile; manufacturer; model; model year; passenger automobile.--The terms ``automobile'', ``manufacturer'', "model'', ``model year,'' ``passenger automobile,'' and
``work truck'' have the meanings given such terms in section 32901(a) of title 49, United States Code.
(2) Certificate of title.--The term ``certificate of title'' means a valid State-issued title or other document showing ownership by a person of an automobile.
(3) Dealer.--The term ``dealer'' means a person engaged in any State in the business of selling or leasing in interstate commerce new automobiles (except a person buying such
automobile as a dealer) to an ultimate purchaser.
(4) Dismantler.--The term ``dismantler'' means a person residing in a State and is licensed or otherwise authorized by a State or local government to operate a business employing 3
or more persons to take automobiles apart for the purpose of reclaiming usable parts and recyclable materials.
(5) Distributor.--The term ``distributor'' means a person who acts for, and is under the control of, a manufacturer in connection with the distribution of new automobiles or new
automobile engines, but shall not include any dealer with respect to such automobiles or engines received by such person in commerce.
(6) Eligible high polluting automobile.--The term "eligible high polluting automobile'' means an automobile that, at the time it is presented for participation in the program established
under section 3 of this Act, it--
(A) is in drivable condition; and
(B) has been continuously registered and licensed to operate on public roads in any State for a period of not fewer than 120 consecutive days immediately prior to such
presentation.
(7) High polluting automobile.--The term ``high polluting automobile'' means an automobile that is either an inefficient or high polluting automobile and that was issued a certificate
of conformity with the regulations prescribed under section 202 of the Clean Air Act (42 U.S.C. 7521) for any model year before model year 2001, and is not a new fuel efficient
automobile.
(8) Highway label fuel economy value.--The term ``highway label fuel economy value'' means the number, expressed in miles per gallon, centered directly below the words ``Highway
MPG'' on the label required to be affixed or caused to be affixed on a new automobile pursuant to subpart D of part 600 of title 40 Code of Federal Regulations.
(9) City label fuel economy value.--The term ``city label fuel economy value'' means the number, expressed in miles per gallon, centered directly below the words ``City MPG'' on the
label required to be affixed or caused to be affixed on a new automobile pursuant to subpart D of part 600 of title 40 Code of Federal Regulations.
(10) Battery electric automobile.--The term ``battery electric automobile'' means an automobile that--
(A) draws motive power from a battery with a capacity of at least 4-kilowatt hours; and
(B) is recharged from an external source of electricity for motive power.
(11) New fuel efficient automobile.--The term ``new fuel efficient automobile'' means a model year 2009, 2010, or 2011 passenger automobile, nonpassenger auto or truck for which--
(A) a manufacturer, distributor, or dealer has never, except in accordance with the Program established by this Act, transferred the equitable or legal title by contract, lease or
other means thereof to an ultimate purchaser;
(B) a dealer participating in such Program may, during the period beginning after the date in calendar year 2009 that the interim final regulations required by section 3(f) of this
Act are promulgated by the Secretary and ending on December 31, 2010, accept a voucher under such Program as an offset of the purchase price of such automobile paid by such
purchaser; and (C) at the time of such purchase of such automobile
by an ultimate purchaser--
(i) carries a manufacturer's suggested retail price of $35,000 or less; and
(ii) achieves the emission standard listed as tier 2, bin 5 in table S04-1 under section 86.1811-04 of title 40, Code of Federal Regulation.
SEC. 3. ACCELERATED RECYCLING OF INEFFICIENT VEHICLES PROGRAM.
(a) Establishment.--There is established in the Department of Transportation a program to be known as the ``Consumer Assistance to Recycle and Save (CARS) Program'', for fiscal years
2009 through 2011, through which the Secretary, in accordance with this Act and the regulations promulgated thereunder, shall--
(1) encourage and allow any dealer, dismantler, and scrap recycler in any State to participate in the Program;
(2) authorize the issuance by participating dealers of a vouchers to any person who is a registered owner of a high polluting automobile, and who transfers such automobile,
together with the applicable certificate of title for the automobile, to a dealer, or, in the case of subsection (g) of this section, to a dismantler or scrape recycler;
(3) require that all dealers participating in the Program accept vouchers submitted to them as provided in this Act as partial payment for the purchase of a new fuel efficient auto;
(4) require that each participating dealer agree to accept any high polluting automobile from a registered owner thereof and upon the transfer by such owner of a certificate of title
to such automobile shall issue a voucher for such automobile to the owner, which may be immediately redeemed by such owner for the purchase of a new fuel efficient automobile that,
using for comparison purposes only the average full economy standard applicable to the make and model of each such automobile (taking into consideration relevant factors established
and published by the Secretary, in coordination with the Administration), is shown to be more fuel efficient than such high polluting vehicle;
(5) require that participating dealers, dismantlers, and scrap recyclers agree to comply with the applicable provisions of subsection (e) of this section; and
(6) electronically transfer funds to a participating dealer within 10 days after receipt from such dealer of--
(A) a voucher issued by the dealer and redeemed for the purchase of a new fuel efficient automobile; and
(B) the applicable certifications required under this Act.
SEC. 4. PENALTIES.
(a) Violation.--It shall be unlawful for any person to violate any provision under this Act or any regulations issued pursuant to section 3(f) of this Act.
(b) Penalties.--Any person who continues to own any vehicle described in subsection (a) shall be liable to the United States Government for a civil penalty of not more than $5,000 for each
violation.
A separate violation shall be deemed to have occurred for each day the person continues to be in violation of any provision under this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to the Secretary of Transportation to enable the Secretary to
carry out the Program authorized under section 3 of this Act beginning
in calendar year 2009, under section 6 beginning in calendar year 2010,
and such sums shall remain available until expended.
