Letter to the Governor

[Josh]

After reading Tim's positive experience in Iowa, i got inspired and sent the following to Governor Scott Walker of Wisconsin, requesting his help with getting plates for my truck. I will keep this updated if anything comes of it.

Governor Walker,

I am contacting you with the intent of making you aware of an unfortunate situation I was faced with while attempting to register and plate an antique Dodge four wheel drive pickup truck I own.  I am the proud owner of a 1954 Dodge M37 "Power Wagon" military vehicle.  I have owned the truck for 14 years, almost half my life.  It is my pride and joy, and has been with me a long time.

I started an extensive rebuild of my truck back in August of 2008.  I completely disassembled the truck, and over the next 3 years, spent 3,000 hours, and over 35,000 dollars rebuilding the truck.  In the process, I installed brake lights, turn signals, power steering, 4 wheel disc brakes, a modern engine, and a transmission capable of operating at 65 MPH.  The truck as delivered in 1954 had none of this safety equipment, and the original engine can only run as fast as 45 MPH, making it a very slow moving vehicle on many roads.

After completing the rebuild, the exciting and long anticipated day of applying for my registration came.  I sent in the required information to the DMV, requesting a Hobbyist plate be issued, given the extensive modifications to improve operation and safety of the truck.  I was shocked and dismayed when I later received a letter from the DMV denying my request.  My request was denied by a gentleman named Mitchell, and the grounds for denial were that the truck was originally built for the government as a military vehicle, which excluded it from being able to be plated a Hobbyist vehicle.  I called Mitchell at the number that he provided in the letter, and asked what could be done; if I could instead get a Historic Military Vehicle plate.  He proceeded to deny that request as well, based on the modifications to the truck.  I asked him how improving the operation and safety of the truck would make it ineligable for either plate.  He refused to answer the question, and informed me that he would be returning my title to me, and would be branding it as unregisterable in Wisconsin.  

The reason I am writing you sir, is to ask if there is anything that can be done to allow me to register and enjoy my truck?  It seems very unfair to me that Historic Military Vehicles were singled out by the DMV to start with under the guise of safety; but to deny registration on a truck that is modified with the intent of making it safer and more conforming to modern traffic standards makes absolutely no sense whatsoever.  

The supreme irony in all this is that many less safe, older antique vehicles  than mine are allowed to be operated on Wiscon roads with little to no restriction.  

Anything that can be done to rectify this lack of common sense in my particular case would be sincerely appreciated.  In the hopeful event of a resolution, I would like to extend a warm invitation to visit me in Sheboygan; I would be honored to give you a ride and show you just how much of a positive impact a Vintage Military Vehicle can have on a community.


Yours Truly,

Joshua Artrip
Sheboygan, WI

[HingsingM37]

Well written Josh. Good luck and keep us posted.

[T. Highway]

Very well written Josh, please use spell check prior to emailing or printing the letter. (Please don't take this the wrong way, I'm just trying to help)

Bert

[cuz]

Don't leave the Michigan plates on the truck during Scott's visit if you have been a Wisconsin resident longer than a year!

[Josh]

Thanks for the feedback guys. I cleaned it up before i sent it, and my offer of a ride would be contingent on receiving WI plates! Lol

[k8icu]

Good luck Josh. Are you still going to build a new frame for the truck just for the fun of it?

[Josh]

I might one day for the heck of it. Id love to get a set of square tube timken axles and a long travel coilover suspension under it. Maybe when the day for those come i'll do the frame as well.

I actually have a new project to devote my time to, a 1987 Porsche 944S. Fun car, but it needs a bit of work before its ready for track days!:)

[Cal_Gary]

I'm sorry for all the trouble you folks are having getting registrations and plates. I don't want to salt any wounds, but I got mine today: all it took was a VIN verification form, my California title and Registration, $75 and 15 minutes time to walk out with a Utah registration, including Dodge M37 on the title and vintage vehicle tags. The only "downer" is still to come-the tag is C989J which will require telling everyone it's not a Jeep "CJ"....

Good luck to you all with your Titling/Registration endeavors!
Gary

[Josh]

Well gents, a seriously disheartening reply:


Dear Mr. Artrip:
 
Thank you for your request for additional information regarding military vehicles.  Governor Walker has asked me to respond on his behalf. 
 
The law regarding how military vehicles are registered changed on October 1, 2010.  The law requires the Division of Motor Vehicles (DMV) to register former military vehicles with Historic Military Vehicle (HMV) plates, unless the vehicle meets Federal Motor Vehicle Safety Requirements.  The vehicle must be maintained to accurately represent military design and markings.  
 
This registration limits the operation of the vehicle to parades, shows and for maintenance of the vehicle.  DMV may title these vehicles but the title carries a brand of “Eligible for HMV registration only” so that the vehicle cannot be registered with another type of license plate. 
 
I understand your statement that the equipment changes that you made to your vehicle have made it more similar to vehicles of today with regard to safety concerns.  Unfortunately, the department cannot evaluate the structural safety elements of your 1954 vehicle.  These types of inspections are left to registered importers who have the technical expertise to determine whether the vehicle has been brought into conformity with Federal Motor Vehicle Safety Standards.
 
If you have additional questions, I suggest that you contact the Chief of the Vehicle Records Section, Linda Lewis.  She can be reached at (608) 266-1500.
 
Sincerely,
 
Mark Gottlieb, P.E




Time for me to figure out how to move out of the people's republik of wiskonsin.

[Josh]

At this point im seriously considering pushing pushing my state rep to apply these rediculous rules to all modified cars in Wisconsin so that it draws enough attention and heat they reverse it. How is it that modifying a military truck is held to a different standard than any other modified vehicle from that time? This genuinely pisses me off.

[Josh]

My letter to SEMA:

Mr. McDonald,

I am writing you to make you and others at SEMA aware of a recent development in Wisconsin regarding the recent passage of AB 595, Wisconsin Act 135 of 2010. I am sure that you are aware of the law, and how it has severely restricted the operation of orginal, unmodified Military Vehicle owners in my state. However, for me, and others like me with a modified Military Vehicle in Wisconsin, it has effectively banned our vehicles from use.

I own a 1954 Dodge M37. I have owned the truck for 12 years, nearly half my life. From 2003 until 2008, the truck sat dormant, waiting for restoration. In 2008, before this law was even on the horizon, I began a full frame off resto-mod of the truck. I rebuilt it with modern axles, transmission, 4 wheel disc brakes, power steering, 4 cylinder turbodiesel, and repainted the truck gray and black. I have attached pictures of the truck for your viewing.

After spending 3,000 hours, 35,000 dollars, and 3 years rebuilding the truck, the state has denied me from registering my truck in Wisconsin, and has branded my title as unregisterable. They have cited the Federal Vehicle Safety Act of 1966, and used my modifications and improvements to the truck as justification for their actions. They refuse to issue me a Hobbyist plate because it is a former Military Vehicle, and they refuse to issue me a HMV plate, because it is modified. Currently, I have the truck registered, stored, and plated in Michigan through the help of my father, but, that is a temporary solution at best.

I have written letters to my representatives, and the governor, as well as talked to the responsible people at WisDOT. No one at any of those stations is interested in reviewing the actions of the legislature and DMV. I have pointed out that the truck was built in 1954, several years before the passage of federal vehicle safety standards, and have also pointed out that other vehicles of the same or older vintage are not held to the same standards and restrictions as my truck, to which I either get no response, or they recite the line that it does not meet federal safety standards.

I'm not sure what can be done at this point, and, I know for a fact that I am not the only person in Wisconsin in this situation. I'm sure from the tone of my email, you can sense my frustration due to this pointless assault on our hobby. I hope that there is something that your organization can do to help me, and the others like me caught in this unfortunate circumstance. I appreciate your assistance, and everything that SEMA does to protect our hobby.

Sincerely,

Josh Artrip
Sheboygan, WI


And, I'm all fired up and ready to fight. At this point, what could it hurt, so, this is my reply to Mr. Gottlieb:


Mr. Gottlieb,

I appreciate your prompt response. I understand how vehicles manufactured after 1966 can be held to Federal standards, and would expect them to be, but I fail to understand how a truck built 12 years prior to those initial standards can be held to them. That is the equivalent of asking a car built today to meet crash and emissions standards of 2024. It just doesn't make sense. I'm not trying to be confrontational, argumentative, or rude, I just fail to see the point of limiting the operation of my truck.

Wisconsin maintains a special license plate, the hobbyist plate, specifically for customized antique and collector vehicles, kit cars, custom home built cars, and replicas. This is all I am asking for for my truck. I know it does not accurately represent a military truck to its original specification any longer, but that is the purpose of the hobbyist plate, it provides a place to register vehicles that do not fall into the Collector or standard registration categories. None of these modified cars, regardless of age, are subjected to the inspections that you mention below. How is it that the inspections apply to a modified military truck, but not to musclecars, kit cars, or home built cars? Dodge built a civilian version of my truck, the Power Wagon, on a nearly identical frame, with the exact same drivetrain, and many shared body components. If I had started with one of those trucks, there would be no questions whatsoever from the DOT about issuing me a hobbyist plate. The civilian version of my truck from 1954 wouldn't be any closer to meeting the 1966 safety standards than my truck was in its original form. I have attached a picture of my truck, the gray one, that is, according to the DOT, inoperable due to its history, and a picture of a civilian truck from Manitowoc, the maroon one. Please notice the Hobbyist plate on the front of the truck. the trucks are nearly identical. The maroon truck has many of the same modifications mine has, modern engine, brakes, axles, etc.

I know that the state requires inspection of home built cars by the State Police, but that is not the same as assurance to compliance of Federal standards, as that would require crash testing and other destructive testing to confirm.

Please explain this discrepancy to me, why my truck is held to a higher standard than any other vehicle built pre-1966, or any vehicle issued the hobbyist plate.

Sincerely,

Joshua Artrip

[SOTVEN]

JOSH, I GET FURSTRATED JUST BY READING YOUR FURSTRATION MY FRIEND. IT IS OUTRAGEOUS THE PREDIGAMENT YOU ARE GOING THROUGH. I DO NOT KNOW WHICH PART IS WORSE, THAT YOU ARE TRYING TO EXPLAIN THE OBVIOUS, OR THAT THE U.S. IS BECOMING MORE AND MORE COMMUNIST (PARDON MY FRENCH) EACH DAY. OFFICES AND SERVICES THAT WERE INTRODUCED TO AID THE CIVILIANS ARE NOW TURNING AGAINST THEM!!!! AND WHERE?? IN THE UNITED STATES!!! I WOULD EXPECT SUCH REDICULUS ACTIONS FROM THE GERMANS WHERE IF YOU CHANGE A BOLT OR NUT (SERIOUSLY NOW) OR DARE INSTALL AN AFTERMARKET ACCESORY TO YOUR CAR YOU NEED TO GET IT INSPECTED ASAP, OR EVEN WORSE WE THE GREEKS THAT IN ORDER TO TOW A TRAILER YOU NEED TO GET AN "ENGINEER'S APROOVAL" THAT A FACTORY BUILT CAR MAY TOW A TRAILER (APPARENTLY THE MANUFACTURER'S SPECS ARE NOT VALID). BUT THEN AGAIN WE ARE B.S. "SOCIALSTS" HENCE GOVERNMENT IS EVERYTHING AND EVERYWHERE. BUT IN THE STATES? THAT IS SO SAD.... I DO NOT KNOW WHAT TO TELL YOU. IN A SOMEWHAT SIMILAR MISHAP I HAD ONCE, I HAD THRETENED THE INVOLVED PARTY THAT I WOULD BRING MY PROBLEM TO THE TV. IT WORKED FOR ME, BUT SERIOUSLY I HAVE NO ADVICE TO GIVE YOU. I AM REALLY SORRY MAN...

[cuz]

Josh,

I posted a lengthy explanation of the issues in your letter from the state last night and the post has vanished. So I'll give a quicky abbreviated version here.

but I fail to understand how a truck built 12 years prior to those initial standards can be held to them

There is very little change in the use and operation of MV's that were originally licensed as Collector Plates and now have HMV plates. Both are restricted in their use and both do not allow commercial use of the vehicle. The big change is the requirement that vehicle remain stock and marked as military and the certification of conformity to state and/or federal safety standards. Since WWII civilian vehicles have been produced and certified to conform to the applicable state and later federal safety standards. Since WWII tactical military vehicles have not been certified by the manufacturer to meet any civilian state or federal safety standards. It is this lack of certification that is the problem with titling your truck as a modified or hobbyist vehicle.

The reference in Mark Gottlieb's letter:

Unfortunately, the department cannot evaluate the structural safety elements of your 1954 vehicle. These types of inspections are left to registered importers who have the technical expertise to determine whether the vehicle has been brought into conformity with Federal Motor Vehicle Safety Standards.

Leaves an open door for you to qualify your truck by finding a registered importer to evaluate and/or assist you with gaining approval through the current certification system. The reason a 1954 Dodge PW can have regular plates is that the manufacturer certified it at the factory to meet current 1954 state and federal safety laws. These vehicles have been grandfathered in by each newer and successive safety standards. Had Dodge certified your M37 at the factory in 1954 to meet the same standards the 1954 Dodge PW met then you would, in all liklyhood, not have a problem. I would guess the M201 had the correct certification to qualify for a civvy export permit and it would have been nice if Dodge had certified the 66 thru 68 M37B1 to meet the new 66 Federal Standards.

Sounds like a lot of rigormaru doesn't it! Well that is the result of our legal system and the professional manipulators of that system who ID themselves as Attorneys. What this all boils down to is liability and the dollar. The law has always not been black and white but instead deliberately gray. This is what is called job security for the legal system professionals. This always leaves the litigation and frivolous law suit doors wide open. What does this mean to you and your truck? Well several years back a "Law of Repose" was passed which limits OEM's product liability to 18 years. Only when OEM gross negligence can be proven can you sue the OEM over a product over 18 years old. So now the dilema is who are the attorneys going to find with deep pockets to sue after the product is 18 years old. Well they now sue anyone who has maintained the product or approved the product for use or operation. You may ask who are these new people getting sued now. They would be you the rebuilder and modifier and the state of Wisconsin who approved your product for use and operation on the public highway system and the registered importer that helped you with safety inspection.

[Josh]

Wes,

If you have a better idea, Im all ears. I've dumped a lot of time, money and effort into this truck, and quite frankly, to be honest, Im ready to sell it and walk away from cars all together as a hobby. there is not anyhting left on this planet you can do without some jackass wanting his piece of the action. It's no wonder that my generation, and hte one coming after it are lazy fat and useless anymore, we can't do anything without someone, some organization, or some study condemning whatever it is we want to do.

Im tired of it all. I might just put the rig up for sale, or part it out and be done with it.

[cuz]

Josh,

All I can say is that the bottom line is our legal system. You can hollar as loud as you want but when the hollaring is done it's time to either address the core problem or move on. I already posted my better idea above. When we stand to loose a lot of money, time or effort in a project because of the law we have a natural tendency to throw rocks at city hall and call the law makers and manipulators (attorneys) names. It may make a guy feel good for a few moments but that good feeling will not last long and sooner or later you must resort to applying legal leverage to a legal issue. I would get legal advice from a manipulator of the law (Attorney) and pursue a legal resolution to the problem. Emotions and calling foul or un-patriotic behavior of the law makers will not solve the problem. Going to the legislature or court house without an Attorney is like going to a gun fight with a baseball bat!