Information about recent efforts of FMCA’s Governmental and Legislative Affairs Committee.
By Linda Burdette, F324182
Chairman, Governmental And Legislative Affairs Committee
July 2023
The FMCA Governmental and Legislative Affairs Committee has been working on a number of issues on your behalf, in both federal and state government arenas. Here is a synopsis of the issues addressed so far this year.
DIESEL EXHAUST FLUID
In the past few years, many FMCA members with diesel-powered motorhomes have experienced failures related to the diesel exhaust fluid system installed on their motorhomes to control emissions.
In the fall of 2021, FMCA began addressing this issue by conducting a survey of 23,000 members with model-year 2008 or newer motorhomes. The findings made it clear that the majority of the issues were due to DEF sensor or head failure.
These failures were exacerbated by the Environmental Protection Agency (EPA) selective catalytic reduction (SCR) requirement that the speed of a vehicle be automatically reduced, or derated, to 5 miles per hour as an inducement for the operator to have the vehicle serviced. This situation left motorhome owners stranded on the road in dangerous conditions, rendered the vehicle unsafe to drive, and required that it be towed to a specialized repair facility.
Since completion of that survey, FMCA has met with representatives from the RV Industry Association and from Cummins to discuss the results.
New EPA Ruling
The EPA issued a new ruling that was posted in the January 24, 2023, Federal Register and took effect on March 27, 2023. The full ruling, titled “Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards,” can be found at: bit.ly/epa-ruling.
The ruling primarily affects new engines manufactured starting in 2027, but it also discusses retrofitting in-use engines and vehicles. For high-speed vehicles (those with an average speed at or above 25 mph in the 30 hours of non-idle operation prior to the fault), it establishes a de-rate schedule in multiple stages over a 164-hour period, with the final speed reduction set at 25 mph. The assumption is that most motorhomes will be categorized as high-speed vehicles.
The ruling also allows for repairs to be made at nonspecialized shops, and for a generic scan tool to be capable of reading the issues and resetting the system after a successful repair.
EPA officials are aware of the DEF sensor shortage, and they have approved software solutions provided by the engine manufacturers to eliminate problems with the sensors. The engine manufacturers are determining the pace and sequence in which the software deployment is done.
Details From The FMCA Survey
We received 1,043 applicable responses. Of them, 422 mentioned experiencing some type of DEF issue with their motorhomes. Most of the reported failures involved the onboard diagnostic system, specifically a sensor or head failure.
While supply chain shortages caused by the COVID-19 pandemic may have exacerbated the recent issues, our survey reveals that the issues predated the pandemic.
Furthermore, the issues are not experienced only by owners of older motorhomes. Many owners experience problems with their DEF system shortly after purchase. Of the respondents who reported failures, 41 percent had a DEF system failure in the first year, with over half of those occurring during the first six months. Another 32 percent experienced failure during the second year. Only 28.6 percent had at least two full years of use before their motorhome had a DEF-related failure.
Of the onboard diagnostic system malfunctions reported, 70.8 percent were resolved by replacing the sensor that controls the onboard diagnostic system.
Finally, there appears to be a correlation between the chassis brand and the incidence of DEF system failure. The reported failure rate among FMCA member respondents was 27.4 percent for Freightliner chassis; 61.6 percent for Spartan; and 58.8 percent for Tiffin PowerGlide.
In terms of failure types, Freightliner owners reported that 46.5 percent of issues were associated with the onboard diagnostic system; Spartan owners, 87 percent; and PowerGlide owners, 85 percent. Determining the reason for this survey result is beyond the technical capability of the FMCA Governmental and Legislative Affairs Committee, but the results have been communicated to the RV Industry Association.
CALIFORNIA ISSUES
Before you skip this section because you don’t live in or travel to California in your RV, be aware that there is a common saying: “As California goes, so goes the nation.” As a general rule, if California passes a law or regulation, there is a high probability that a significant number of states will follow suit. As a matter of fact, 16 states and the District of Columbia have adopted California emissions standards for motor vehicles. So, keeping abreast of California issues makes good sense for all of us.
Heavy Duty Inspection And Maintenance Program (HD I/M)
In 2021, California Air Resources Board (CARB) passed regulations establishing more stringent emissions controls effective January 2023 for diesel vehicles, including heavy-duty trucks, buses, and agricultural equipment. The original draft language published for public comment required that every motorhome entering California comply with the state emissions requirements. This caused a lot of comments from motorhome manufacturers, service companies, and the tourism industry. The end result was that the state dropped the requirement for motorhomes registered in states other than California but kept it for California-registered motorhomes. The latter will be subject to an annual inspection beginning with a phase-in period during 2024 and will then be required to meet the newer emissions standards.
This program applies only to non-gasoline (e.g., diesel) motorhomes with a gross vehicle weight rating over 14,000 pounds that are registered in California. Owners of California-registered motorhomes over 14,000 pounds GVWR will be required to submit a passing test up to 90 days before the DMV vehicle registration expiration/renewal date or be denied registration.
A covered motorhome will be deemed compliant by DMV when:
- There are no outstanding enforcement actions on the vehicle.
- There are no outstanding emissions or on-board diagnostic (OBD) related recalls on the vehicle.
- The owner has paid an annual compliance fee to CARB. This requirement will begin once CARB’s registration system is finalized, which is expected to happen in late 2023, with public notices of relevant deadlines.
- The owner has verified owner and vehicle information with CARB (begins January 1, 2024).
- The owner has demonstrated compliance with the periodic vehicle emission testing requirements by submitting a passing compliance test to CARB.
Finally, in January 2023, roadside emissions monitoring devices (REMD) were to be deployed throughout California and to begin screening for potential high-emitting vehicles. California-registered motorhomes flagged as potential high emitters will be required to submit a passing OBD test through a credentialed HD I/M tester.
In response to the concern that these requirements will have an extremely negative impact on many FMCA members, FMCA president Rett Porter sent the accompanying letter to the governor of California in April 2023.
Small Off-Road Engines (SORE) Regulations
In December 2021, in an effort to reduce harmful pollutants, CARB passed regulations banning the sale of new gasoline-powered portable generators by 2028. Gasoline-powered generators, including those installed in RVs, would be required to meet more stringent standards beginning with model-year 2024 and to meet zero-emission standards starting in model-year 2028. FMCA, as well as RV industry representatives, officially advised against the application of these rules to RVs at this time because the technology is not yet robust enough to dispense with gasoline-powered generators in RVs. Answers we received to questions we asked are as follows:
1) This regulation has no impact on currently owned recreational vehicles or generators or on individuals who purchase used recreational vehicles or generators. The new rules “grandfather” existing generators and allow for the sale and purchase of used equipment in the future. It impacts only new RVs or generators being sold by dealers or individuals in model-year 2024 or thereafter. Californians can continue to operate their current CARB-compliant gasoline-powered generators; there will be no ban on using older models or preowned equipment purchased in the future. Older gasoline-powered models already on store shelves or on dealer lots also can be purchased.
2) This regulation does not apply to diesel generators or generators using alternate fuel sources. The regulations specifically apply to gasoline-powered small engines, defined as “spark-ignition engines rated at or below 19 kilowatts,” a size that includes most gasoline-powered generators in RVs. However, it does not impact larger generators or non-gasoline-fueled generators.
MICHIGAN REGISTRATION TAX
An FMCA member requested help in addressing an issue with the state of Michigan. In state statute MCL 257.801(1)(p)(i)(B), Michigan imposes an annual registration tax on every non-commercial motor vehicle produced since 1984. This tax is based on the vehicle’s original “list price,” interpreted by the tax authority as the manufacturer’s suggested retail price (MSRP). Unfortunately, this means when an owner purchases a used motorhome, he or she must pay annual registration taxes based on the earlier value of the motorhome, which is often double or triple the current value.
FMCA president Rett Porter sent the accompanying letter to members of the Michigan legislature explaining this issue and requesting an exemption for motorhomes.
KENTUCKY LICENSE PLATES
In the state of Kentucky, one can purchase personalized license plates for many types of motor vehicles but not recreational vehicles. A recent statute before the legislature amended KRS 186.174 to specifically include RVs on the list of vehicles that could sport personalized plates. At the request of one of our members, FMCA sent an email blast to all members in Kentucky encouraging them to support this legislation.
House Bill 38, introduced by Representative Kim Banta, would allow RV owners to obtain personalized plates with an annual cost of $51. This bill is still under consideration by the Kentucky House Transportation Committee, and we encourage Kentucky residents to contact their legislator to voice their opinion.
To read the entire HB 38 as submitted, visit apps.legislature.ky.gov/record/23rs/hb38.html. To find name and contact information for your Kentucky legislator, visit apps.legislature.ky.gov/findyourlegislator/findyourlegislator.html.
UPCOMING ISSUES
The Governmental and Legislative Affairs Committee currently is researching and preparing FMCA responses to the following ongoing issues:
1) The Bureau of Land Management has issued new draft regulations concerning the use of their federal lands and has requested comments before June 20, 2023. The new rules will allow the BLM to close access to areas in need of restoration or repair of damaged ecosystems. We are reviewing these proposed regulations and will prepare comments as necessary.
2) Florida is considering a bill to limit liability for campground owners against lawsuits for damages or inconveniences that are inherent risks of camping. We are reviewing and tracking this legislation, but as of April 28, 2023, the Florida House Judiciary Committee has postponed action on it indefinitely.
As you can see based on this list of actions and activities, it’s been an extremely busy year for the Governmental and Legislative Affairs Committee, and there will be more news to come as the year progresses!