Maine Canceling Delica Registration

[Crankshaft Culture]

My legal rep spoke with Bruce Scott today for 30 minutes - below are the findings.

In 2021, Maine legislation gave the BMV more power to adjust language in the Omnibus bill. The result is that the bill that covers all BMV related services (rules around drunk driving, drivers ed…) was expanded with regard to the definition of “off-road” vehicles and now that definition requires that the FMVSS sticker be shown on all vehicles new and old in order to reconsidered public road-worthy. This new legislation goes into effect on 9/15/21

He recommends 2 possible approaches:

1. Bruce Scott said that if we can provide an MCO (manufacturer certificate of origin) which shows that the vehicle was built to be driven under public road conditions AND/OR (?) a letter from Mitsubishi Corporate stating that the vehicles DID meet the US FMVSS standards at the time of manufacture, then we will be compliant with the current state rules.

2. If we are not able to procure the above then we could work to change the newly adjusted legislation. My legal was a lobbyist in DC previously and is very versed in this, however he said best case scenario is that we lobby this year 2021 for the change to appear in 2022 which would remove the FMVSS language from the Omnibus bill.

He also said that another group had just gotten sent letters - folks that previously registered military grade Hummers.

Finally, he said there is a meeting this week to discuss refunding a prorated amount of your current registration (generous, haha)

Sooooo - does anyone have a valid MCO from Mitsubishi for a Delica OR have a contact at Mitsubishi corporate that is wilting to provide us with what we need to be compliant with the newly change Maine legislation?

If the FMVSS sticker must now be shown on new and old vehicles, how's that going to impact vehicles made before the FMVSS stickers were made? I believe the FMVSS stickers started in 1969.

I would be surprised if Mitsubishi would provide MCO on JDM vans. While the USDM Mitsubishi van / Star Wagon is one thing, what about Space Gears? That sounds like a losing proposition.

Someone told me Colorado was also doing the ex-military vehicle thing. Pretty interesting.

I wonder why the state found it so necessary to expand the off-road definition? Was there some sort of event that led to this?

 

[sk66]

I would be surprised if Mitsubishi would provide MCO on JDM vans.

The MCO/MSO just states who made it and when... it (or something very similar) is the precursor for titling/importing in pretty much every country. But requiring it doesn't make a lot of sense to me unless all documentation was lost. IDK if they would keep copies this long though. And why would they want to mess around w/ researching/reproducing/mailing them?

The real issue I think will/would be the manufacturers statement of FMVSS compliance... there's potential liability there for no real upside.

If the FMVSS sticker must now be shown on new and old vehicles, how's that going to impact vehicles made before the FMVSS stickers were made? I believe the FMVSS stickers started in 1969.

Well that's a puzzle... US market vehicles only? Or not at all?

TBH, I think we are in a limited window now; with the concerns for the environment and safety there's not going to be a lot of public tolerance/support for much longer IDT... And TBH, I can't really disagree much.

 

[BKlaver]

Looks like I'll get my hands on some BMV/SOS information soon from my FOAA request. Sounds like it might be moot info based off the Bruce talks that are being posted, but I'm game for $30 to see what I get. I'll let you know once I do.

Ben

 

[Crankshaft Culture]

For what it's worth, I wrote an article about this for The Truth About Cars. You can check it out here.

Opinion: Maine's Mitsubishi Delica Dilemma is Troubling

The Mitsubishi Delica is one of those quirky right-hand drive, four-wheel-drive vans from Japan. They’re popular among outdoor enthusiasts, fans of ’80s/’90s “rad-era” vehicles, and people looking for a capable camper without having to spend VW Syncro bucks. But in Maine – The Pine Tree State –...

www.thetruthaboutcars.com

There still may be more media outlets bringing this to light, too.

I know the SEMA Action Network has been in contact with Maine as well.

 

[WantaDelica]

For what it's worth, I wrote an article about this for The Truth About Cars. You can check it out here.

Opinion: Maine's Mitsubishi Delica Dilemma is Troubling

The Mitsubishi Delica is one of those quirky right-hand drive, four-wheel-drive vans from Japan. They’re popular among outdoor enthusiasts, fans of ’80s/’90s “rad-era” vehicles, and people looking for a capable camper without having to spend VW Syncro bucks. But in Maine – The Pine Tree State –...

www.thetruthaboutcars.com

There still may be more media outlets bringing this to light, too.

I know the SEMA Action Network has been in contact with Maine as well.

Just want to say I appreciate you keeping this issue in the news. I don't live in Maine, but any car enthusiast, anywhere in the US should be concerned. I feel like we need a caravan of grey market cars to circle up on the Maine capitol building. Couple of bullhorns to let them know what we think.

 

[Growlerbearnz]

Pulled from a comment on your TTAC article, the actual Maine legislation. This cleared up my confusion about "off-road vehicles":

Off-road vehicle. “Off-road vehicle” means a motor vehicle that, because of the vehicle’s design and, configuration, original manufacture or original intended use, does not meet the inspection standards of chapter 15, the Federal Motor Vehicle Safety Standards, the United States Environmental Protection Agency’s pollutant requirements or the National Highway Traffic and Safety Administration’s crash testing standards and that is not a moped or motorcycle.

§354. Off-road vehicles
Off-road vehicles may not be registered in accordance with this Title. Vehicles owned and operated by government entities are not subject to the provisions of this section.

I was assuming the term "off-road vehicle" referred to 4WDs with high ground clearance (because I speak and comprehend regular English), but Maine is using it to mean "any vehicle that doesn't meet FMVSS or EPA". Not sure why they couldn't have used a more understandable term, like "noncompliant vehicle" but there you go.

There still may be more media outlets bringing this to light, too.

I'm surprised Jalopnik hasn't picked it up, it's right up their alley.

 

[Crankshaft Culture]

I'm surprised Jalopnik hasn't picked it up, it's right up their alley.

FWIW, I sent a Facebook message to one of their writers about it (he's a Mitsubishi guy, too), but never heard back. So far, this issue has been published on sites including, Crankshaft Culture, Autoblog, Pickup Truck + SUV Talk, The Truth About Cars, Motor Biscuit, a host of sites stealing content from these sites, as well as Reddit, and some forums, not to mention a host of Facebook groups.

I hope word continues to get out and this can get fixed in Maine.

 

[BKlaver]

So this is what $30 and an FOAA request gets you. A whole bunch of emails from y'all, with some background discussion on some of the email threads. There are a few tidbits.

"Imported from Japan and we've been lumping them in with minitrucks."

Also, who's Steve, and why did this begin before he retired?

Have at it, all. There's probably some really interesting stuff in there that I didn't notice by speed reading.

 

[natematos]

FWIW, I sent a Facebook message to one of their writers about it (he's a Mitsubishi guy, too), but never heard back

Andrew? He's over at The Drive now.

 

[natematos]

Also, who's Steve, and why did this begin before he retired?

I'd dial back the conspiracies. This reads to me like it was just something Steve was looking in to, then he retired. And his retirement is being used as a guide for how long it was being discussed. I get e-mails like this with references to people and their involvement all the time at work.

 

[Fuzzytown]

I will be up in Maine with my 91 L300 bombing around Portland in the last 2 weeks of August with PA plates if you see me say hi!

 

[Crankshaft Culture]

Andrew? He's over at The Drive now.

I see he writes for The DRIVE. I thought he still did stuff with Jalopnik, too. I've been dealing with another writer from The DRIVE who will be publishing more info soon.

 

[Crankshaft Culture]

So this is what $30 and an FOAA request gets you. A whole bunch of emails from y'all, with some background discussion on some of the email threads. There are a few tidbits.

"Imported from Japan and we've been lumping them in with minitrucks."

Also, who's Steve, and why did this begin before he retired?

Have at it, all. There's probably some really interesting stuff in there that I didn't notice by speed reading.

Interesting stuff. The one that gets me is the response in the "RE - Another LD 1433 question" PDF.

There is a bit of important information missing in the e-mail below. We have been dealing extensively
with about 12 vehicles that were manufactured as an off-road vehicle. They were registered in error in
some town offices as on-road vehicles. We have contacted the individuals that own the vehicles, and a
dealer that is selling them, to explain they are not on-road vehicles and cannot be registered.

The language in LD 1433 intentionally clarifies these vehicles are not antique vehicles, even if they are
25 years old, because antique vehicles are motor vehicles that were manufactured originally as on-road
vehicle. The new law emphasis this point, but off-road vehicles have not been registered in Maine for
well over 20 years that I am aware of.

Why do they think Delicas "... were manufactured as an off-road vehicle"?

If it's the lack of an FMVSS sticker, there are a lot of off-road vehicles legally registered in Maine.

 

[Crankshaft Culture]

The SEMA Action Network has reached out to me asking how Maine-based Delica owners brought their vans in. Did you use a registered importer or some other means of getting the vans in?

If you could reply, that'd be great.

 

[Growlerbearnz]

Why do they think Delicas "... were manufactured as an off-road vehicle"?

That sounds like they've confused themselves with the term "off road", despite carefully redefining it to mean "anything without FMVSS"

 

[sk66]

The SEMA Action Network has reached out to me asking how Maine-based Delica owners brought their vans in. Did you use a registered importer or some other means of getting the vans in?

If you could reply, that'd be great.

I'm not aware of a single Delica imported into the USA through a registered importer... The whole point of waiting 25yrs is so you don't have to go through those processes/expenses.
The entire 25yr import market is pretty shady if you ask me... IMO, the only real advantage of using an importer is that you get to see the vehicle in person prior to committing.

 

[cornelius]

My legal rep spoke with Bruce Scott today for 30 minutes - below are the findings.

In 2021, Maine legislation gave the BMV more power to adjust language in the Omnibus bill. The result is that the bill that covers all BMV related services (rules around drunk driving, drivers ed…) was expanded with regard to the definition of “off-road” vehicles and now that definition requires that the FMVSS sticker be shown on all vehicles new and old in order to reconsidered public road-worthy. This new legislation goes into effect on 9/15/21

He recommends 2 possible approaches:

1. Bruce Scott said that if we can provide an MCO (manufacturer certificate of origin) which shows that the vehicle was built to be driven under public road conditions AND/OR (?) a letter from Mitsubishi Corporate stating that the vehicles DID meet the US FMVSS standards at the time of manufacture, then we will be compliant with the current state rules.

2. If we are not able to procure the above then we could work to change the newly adjusted legislation. My legal was a lobbyist in DC previously and is very versed in this, however he said best case scenario is that we lobby this year 2021 for the change to appear in 2022 which would remove the FMVSS language from the Omnibus bill.

He also said that another group had just gotten sent letters - folks that previously registered military grade Hummers.

Finally, he said there is a meeting this week to discuss refunding a prorated amount of your current registration (generous, haha)

Sooooo - does anyone have a valid MCO from Mitsubishi for a Delica OR have a contact at Mitsubishi corporate that is wilting to provide us with what we need to be compliant with the newly change Maine legislation?

He speaks!!!

I've left ~six voicemails for that man dating back to mid-June and haven't heard a word back.

Why did the legislature give BMV more power to adjust language in the bill? AND Who at the BMV is responsible for the language adjustment and what are their justifications?

I still think BMV is either singling out Delica's and/or working backwards from the mini-truck classification. I wonder if the recent mini-trucks (April) are what brought about the changes to the language. An FOAA request regarding that legislation would be probably be worthwhile.

Also, if we can get ANY MCO's (the more the better) for Delica's (whether they are ME) vehicles or not stating they are on-road vehicles, that would likely be helpful in making our case. Bruce Scott's (BS) response and the email threads from the FOAA request make two things apparent - that no one from the state has actually looked at a Delica and they still have no idea what type of vehicle it actually is. I believe several BMV employees, on multiple occasions, referred to BS as an expert on Delica's and mini-trucks but I question whether he has even seen a Delica in person.

Cheers,
C

 

[cpginkpt]

To me one of the most astounding things about this situation is the State’s shocking lack of empathy with regards to grandfathering/timeline.

I use our Delica as a family getaway vehicle and our annual summer trip north to Acadia National Park (prepaid $$$) is now junk. I also use it for multiple surf adventure trips up north at end of summer/ fall - also junk. Too bad, suck it up.

Guessing they are not up on the trend for post (tbd) pandemic relief folks need to be outside/camping. Too bad, suck it up.

Primary vehicle to get to work, difficult to purchase a vehicles these days, 3 hour waits at the local BMV - too bad, suck it up.

I played by the rules, they changed the rules , 3 weeks notice- - - suck it up, buttercup.

 

[cornelius]

To me one of the most astounding things about this situation is the State’s shocking lack of empathy with regards to grandfathering/timeline.

I use our Delica as a family getaway vehicle and our annual summer trip north to Acadia National Park (prepaid $$$) is now junk. I also use it for multiple surf adventure trips up north at end of summer/ fall - also junk. Too bad, suck it up.

Guessing they are not up on the trend for post (tbd) pandemic relief folks need to be outside/camping. Too bad, suck it up.

Primary vehicle to get to work, difficult to purchase a vehicles these days, 3 hour waits at the local BMV - too bad, suck it up.

I played by the rules, they changed the rules , 3 weeks notice- - - suck it up, buttercup.

Agreed.

Also, if they are using LD 1433 - the recent change to legislation - and the lack of a FMVSS sticker as justification (which doesn't kick-in till September), why is it only Delica's and military grade hummers that have gotten letters? Why didn't they do a comprehensive search and/or mailing for all the vehicles that would be affected by the changes and send them out at the same time? Why are Delica registrations being terminated before others that don't meet the requirements? They're backpedaling.

I don't think the buck stops with Bruce Scott. In reading the email threads from the FOAA request, it seems like Cathrine Curtis's office is who we really should be talking to. She's the Deputy SOS in charge of the BMV. You could tell by her prompts and the correspondence in her office that she knows the letters that went out were questionable since they reference kei-class vehicles. I think my next step is to put in a call to her office and follow-up with folks at the legislature.

Cheers,
C

 

[cpginkpt]

Hmmmm, maybe Catherine Curtis is the elusive "director" the Brittanne kept referring to. With all the no-replies, it seems like a classic case of an executive making poor decisions and then hiding behind their subordinates.