High-Powered Vehicles Ban and Law Enforcement Protection Act of 2009

bpipe95 · #1 (**permalink**) 11-21-2008, 12:56 PM

HR 10200 IH
115th CONGRESS
1st Session
H. R. 10200

High-Powered Vehicles Ban and Law Enforcement Protection Act of 2009
To end street racing, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
November 20th, 2008
Mrs. MCCARTHY of New York introduced the following bill; which was referred to the Committee on Transportation and Infrastructure.
________________________________________
A BILL
To end street racing, and for other purposes.
To which the Congress has recognized the capacity for damage and harm due to vehicles which are overpowered or possessing of features that make them capable of racing on the street while remaining legal to operate on the public thoroughfares, as well as the capacity for flight from pursuing law-enforcement vehicles and has decided to take action:
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 `High-Powered Vehicles Ban and Law Enforcement Protection Act of 2009'.
SEC. 2. DEFINITIONS.
(a) In General- Section 921(a)(30) of title 18, United States Code, as added by section 2(a) of this Act, is amended to read as follows:
`(30) The term `High-Powered Vehicle' means any of the following:
`(A) The following autos or copies, replicas or duplicates thereof:
`(i) Ford Mustang, GT350, GT500KR, Cobra, Mustang GT, Mustang SVO, Roush, Saleen, Turbocoupe, Shelby, Mercury Capri;
`(ii) Chevrolet Camaro or Pontiac Firebird;
`(iii) Buick Grand National, Turbo or GNX ;
`(iv) Dodge Charger, Challenger, Magnum, SuperBee, SuperBird, Viper, Plymouth Barracuda;
`(v) Chrysler Crossfire;
`(vi) Ford GT, Crown Victoria P71, Mercury Marauder;
`(vii) Ferrari, Aston-Martin;
`(viii) Maserati, Pagoni;
`(ix) Porsche 911, Carrera, Turbo, 928, 944, and the like;
`(x) BMW M & Z series & Mini-Cooper, Mercedes SLK & SLR, Audi TT;
`(xi) Subaru WRX & STi, Mitsubishi 3000GT and Eclipse;
`(xii) Honda Civic Si, Prelude, Civic VTEC, S2000, Acura Integra, Acura NSX, Acura TSX, Acura Vigor;
`(xiii) Nissan Skyline, 200, 240, 260, 280, 300 or 350 Z- or ZX cars, Infinity G, J, Q;
`(xiv) Toyota Supra, Supra Turbo, Celica GTS, Celica All-Trac, Corolla GTS, Corolla Type “R”, MR2, Lexus LX, LS, ES, GS;
`(xv) Mazda RX 1,2,3,4,5,6,7,8, Miata, MazdaSpeed;
`(xvi) Lamborghini;
`(xvii) Striker, Koenigsegg, Jaguar, Jensen;
`(xviii) Lotus Esprit, Turbo, Elise, and others;
`(xix) TVR, McClaren, Pontiac GTO, GXP;
`(xx) Corvette, ZR1, Z06, Mallet, Cadillac Northstar or CTS-V; or
`(xxi) DeTomaso Pantera, DeLorean, or Bugatti Veyron
`(B) The following trucks or copies, replicas or duplicates thereof:
`(i) Ford F150, F250, Lightning, Splash, SVT;
`(ii) GM Sierra, Silverado, Avalance;
`(iii) Dodge Ram, Jeep;
`(iv) Toyota Tundra, Tacoma; or
`(v) Nissan Titan.
`(C) The following SUVs or copies, replicas or duplicates thereof:
`(i) Hummer;
`(ii) Ford Expedition or Excursion;
`(iii) GM Suburban;
`(iv) Dodge Durango, Jeep Cherokee.
(v) Toyota Sequoia, 4Runner, Lexus GX/LX 470; or
(vi) Nissan Pathfinder Armada, Infinity 56.
`(D) Any automobile or light duty truck that has an internal combustion engine and at least one of the following--
`(i) a larger diameter exhaust system;
`(ii) a supercharger, turbocharger or forced induction or nitrous oxide system;
`(iii) a rear spoiler that stands above the rear bodywork or sheet metal;
`(iv) a custom body kit or shroud;
`(v) non-OEM wheels & tires;
(vi) Stickers, decals, artwork, or graphics such as are typically found on racing vehicles;
(vii) Modified ECU, PCM, or other device intended to alter the output of the engine; or
(viii) A High-capacity Fuel-feeding device.
`(E)(i) Except as provided in clause (ii), any vehicle with the capacity of producing over 150 brake horsepower.
`(ii) Clause (i) shall not apply to an electric vehicle that has no means of internal combustion.
`(F) A street-legal vehicle that has the ability to accept a larger engine, and has--
`(i) a forced induction system;
`(ii) a higher-capacity fuel metering device;
`(iii) a large diameter exhaust system; or
`(iv) the capacity to accept a raised spoiler extending above the rear bodywork.
`(G) A medium-duty truck that is registered as a non-commercial vehicle.
`(H) A boat or marine conveyance that has any of the following--
`(i) a motor larger than 25 BHP;
`(ii) a jet drive;
`(iii) the ability to accept a larger engine; or
`(iv) a fuel capacity of larger than 5 gallons.
`(I) A motorcycle of larger than 200 cc displacement.
`(J) A frame or vehicle that is identical to, or based substantially on the frame or vehicle of, a vehicle described in any of subparagraphs (A) through (I) or (L).
`(K) A conversion kit or “kit car”.
`(L) A vehicle originally designed for military or law enforcement use, or a vehicle based on the design of such a vehicle, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a vehicle procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a vehicle shall not be determined to be particularly suitable for sporting purposes solely because the vehicle is suitable for use in a sporting event.'.
(b) Related Definitions- Section 921(a) of such title is amended by adding at the end the following:
`(36) High-capacity fuel metering device- The term `high-capacity fuel metering device' means a device intended to replace or augment the fuel metering system for the motor such as fuel injectors, throttle body, carburetor, direct injector, fuel pump, injection pump, or similar device whose only purpose is to increase the amount of fuel available for the engine to consume over the factory original specifications and increase power.
`(37) Conversion Kit- The term `conversion kit' means any part or combination of parts designed and intended for use in converting a nonracing vehicle into a street-racing vehicle if the parts are in the possession or under the control of a person.
`(38) Large Diameter Exhaust System - The term `large diameter exhaust System' means an exhaust muffling device or any other component of the exhaust system which is intended to increase power above factory levels such as a turbo muffler, glasspack muffler, flowmax or flowmaster muffler, exhaust tubular headers, or dump pipe.
`(39) Forced Induction- The term `forced induction system' means any device contained in or attached to or any means by which an internal combustion engine may increase or boost the cylinder compression ratio, including turbochargers, superchargers, whipplechargers, rotochargers, Miller cycle, or ram-air.
`(40) Modified ECU, PCM, or other device- The term `Modified ECU, PCM or other device’ means an electronic device intended to alter the output of an internal combustion engine..
`(41) Nitrous Oxide System- The term `Nitrous Oxide System' means the system including tank, injection nozzles, foggers, plates, solenoids, or any other parts intended for introducing nitrous oxide into the intake air stream of an internal combustion engine.
`(42) Spoiler- The term ‘spoiler' means a wing, airfoil, deflector, plate, baffle, projection or other device intended to alter airflow over the bodywork.
`(43) Graphic, decal, sticker, or artwork- The term `graphic, sticker, decal, or artwork' means a feature or characteristic that is designed in such a manner to cause recognition that the vehicle may be a racing vehicle such as sponsorship decals, product advertisements, and custom artwork or paint schemes to increase visibility.
SEC. 4. GRANDFATHER PROVISION.
Section 922(v)(2) of title 18, United States Code, as added by section 2(a) of this Act, is amended--
(1) by inserting `(A)' after `(2)'; and
(2) by adding after and below the end the following:
`(B) Paragraph (1) shall not apply to any vehicle the possession or transfer of which would (but for this subparagraph) be unlawful by reason of this subsection, and which is otherwise lawfully possessed on the date of the enactment of this subparagraph.'.
SEC. 5. REPEAL OF CERTAIN EXEMPTIONS.
Section 922(v)(3) of title 18, United States Code, as added by section 2(a) of this Act, is amended by striking `(3)' and all that follows through the 1st sentence and inserting the following:
`(3) Paragraph (1) shall not apply to any vehicle that--
`(A) is manually started by a crank;
`(B) has been rendered permanently inoperable; or
`(C) is an antique auto.'.
SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY POSSESSED HIGH-POWERED VEHICLES.
Section 922(v) of title 18, United States Code, as added by section 2(a) of this Act, is amended by adding at the end the following:
`(5) It shall be unlawful for any person to transfer a high-powered vehicle to which paragraph (1) does not apply, except through--
`(A) a licensed dealer, and for purposes of subsection (t) in the case of such a transfer, the vehicle shall be considered to be transferred from the business inventory of the licensed dealer and the dealer shall be considered to be the transferor; or
`(B) a State or local law enforcement agency if the transfer is made in accordance with the procedures provided for in subsection (t) of this section and section 923(g).
`(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and date of manufacture of any high-powered vehicle which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit the record to the Congress and make the record available to the general public.'.
SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE CAPACITY FUEL-FEEDING DEVICE.
(a) Ban on Transfer of a Street-Racing Vehicle With any modificatons from the stock factory equipment-
(1) IN GENERAL- Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following:
`(z) It shall be unlawful for any person to transfer a high-powered vehicle with a large capacity fuel feeding device.'.
(2) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:
`(8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 10 years, or both.'.
(b) Certification Requirement-
(1) IN GENERAL- Section 922(w) of such title, as added by section 2(a) of this Act, is amended--
(A) in paragraph (3)--
(i) by adding `or' at the end of subparagraph (B); and
(ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and
(B) by striking paragraph (4) and inserting the following:
`(4) It shall be unlawful for a licensed manufacturer, licensed importer, or licensed dealer who transfers a large capacity fuel feeding device that was manufactured on or before the date of the enactment of this subsection, to fail to certify to the Attorney General before the end of the 60-day period that begins with the date of the transfer, in accordance with regulations prescribed by the Attorney General, that the device was manufactured on or before the date of the enactment of this subsection.'.
(2) PENALTIES- Section 924(a) of such title, as amended by subsection (a)(2) of this section, is amended by adding at the end the following:
`(9) Whoever knowingly violates section 922(w)(4) shall be fined under this title, imprisoned not more than 5 years, or both.'.
SEC. 8. UNLAWFUL VEHICLE TRANSFERS TO JUVENILES.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the period and inserting a semicolon; and
(B) by adding at the end the following:
`(C) a high-powered vehicle; or
`(D) a large capacity fuel feeding device.'; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking the period and inserting a semicolon; and
(B) by adding at the end the following:
`(C) a high-powered vehicle; or
`(D) a large capacity fuel feeding device.'.
SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY FUEL FEEDING DEVICE.
(a) In General- Section 922(w) of title 18, United States Code, as added by section 2(a) of this Act, is amended--
(1) in paragraph (1), by striking `(1) Except as provided in paragraph (2)' and inserting `(1)(A) Except as provided in subparagraph (B)';
(2) in paragraph (2), by striking `(2) Paragraph (1)' and inserting `(B) Subparagraph (A)'; and
(3) by inserting before paragraph (3) the following:
`(2) It shall be unlawful for any person to import or bring into the United States a large capacity fuel feeding device.'.
(b) Conforming Amendment- Section 921(a)(31)(A) of such title, as added by section 2(a) of this Act, is amended by striking `manufactured after the date of enactment of the High-Powered Vehicle Control and Law Enforcement Act'. __________________

nysulli · #2 (**permalink**) 11-21-2008, 01:11 PM

wow, talk about trying to take away our rights, this shit has got to go

mikecentola · #3 (**permalink**) 11-21-2008, 01:22 PM

fucking stickers? fuck this chick.

mafdark · #4 (**permalink**) 11-21-2008, 01:38 PM

This has gotta be fake

ckivic4dr · #5 (**permalink**) 11-21-2008, 02:03 PM

she didnt mention the new z.. so that must still be legal right??? but on the other hand there is no way they can take all those away.. 1. the economy of this state would be even more shot than it is already.. and 2. how would they force everyone to get rid of those cars that they already own?? gotta be a bunch of bullshit

mikecentola · #6 (**permalink**) 11-21-2008, 02:27 PM

It's not that it's bullshit, it's the fact that SHE is bullshit. She tries to pass all these ridiculous laws in new york state. Luckily most of her crap is turned down.

Listen to her:

ckivic4dr · #7 (**permalink**) 11-21-2008, 02:32 PM

... i dont know what a barrel shroud is but i'll put it in this bill that i'm presenting to congress.. just cause it sounds good..

what a douche

MNIMNIAC · #8 (**permalink**) 11-21-2008, 02:32 PM

the vehicle ban is fake... look at the congress, 115th... we are only on the 2nd 110th.
we have it in my other forums too.

mikecentola · #9 (**permalink**) 11-21-2008, 02:36 PM

Quote:

Originally Posted by MNIMNIAC

the vehicle ban is fake... look at the congress, 115th... we are only on the 2nd 110th.
we have it in my other forums too.

Oh wow didn't even notice that. Not that I'd put it past her hahaha

MikeyB. · #10 (**permalink**) 11-21-2008, 04:41 PM

Screw this hermit bitch....

crazybrew609 · #11 (**permalink**) 11-21-2008, 07:30 PM

saturn ion redline is safe

mikecentola · #12 (**permalink**) 11-21-2008, 07:34 PM

Quote:

Originally Posted by crazybrew609

saturn ion redline is safe

That's just because your plastic-mobile is of no threat to anyways safety. It's that slow.

crazybrew609 · #13 (**permalink**) 11-21-2008, 07:41 PM

no it said anything above 150 bhp and i have proof of having more then that

JiM P 2001 · #14 (**permalink**) 11-21-2008, 07:42 PM

If that ever passed, I say we sell all of our cars and buy me the DBR9 at the top of the page. I promise to make very entertaining videos on a daily basis.

Captain Moai · #15 (**permalink**) 11-22-2008, 06:38 AM

She's a republican too. Hope to god we voted this bitch out of office this election. To think people thought democrats would restrict personal vehicles. HAH! GM and Ford trucks on that list? Are you serious? Who the hell streetraces a suburban?
Thank god this is fake. Thousands of DWI and cell-phone related accidents a year and lawmakers usually want to crack down on the few streetracing incidents. It just sounds more glamorous.

mikecentola · #16 (**permalink**) 11-22-2008, 08:58 AM

Quote:

Originally Posted by Captain Moai

She's a republican too. Hope to god we voted this bitch out of office this election. To think people thought democrats would restrict personal vehicles. HAH! GM and Ford trucks on that list? Are you serious? Who the hell streetraces a suburban?
Thank god this is fake. Thousands of DWI and cell-phone related accidents a year and lawmakers usually want to crack down on the few streetracing incidents. It just sounds more glamorous.

Dude, Carolyn McCarthy is a Democrat, and she stayed in office. She is the once that proposes all of the anti-gun legislation in NYS.

Captain Moai · #17 (**permalink**) 11-22-2008, 03:34 PM

Quote:

Originally Posted by mikecentola

Dude, Carolyn McCarthy is a Democrat, and she stayed in office. She is the once that proposes all of the anti-gun legislation in NYS.

Website I checked prolly had wrong info about her. What I did find out is her husband was killed and her son severely injured by a gunman who opened fire with an assault rifle on long island back in 93. I think her ideas are out on the fringe, but when you have that kind of life experience, you're pretty much going to have a slanted view about weapons regardless of how impartial you normally are.

I'm just thanking god the streetracing crap isn't real. Last thing we need is some pious, self righteous fuckhead imposing their values on our hobby, for no other reason than it sounds glamorous to put streetracers in jail and ban any vehicle that goes faster than the speed limit. Kind of on the level of arresting some high profile drug dealer.

Khyron · #18 (**permalink**) 11-22-2008, 11:28 PM

would never happen...

but Im happy in the Mopar list they put the Charger first.... The Charger is always first

the old ones that is, not the new abortions.

Khyron · #19 (**permalink**) 11-22-2008, 11:29 PM

Quote:

Originally Posted by Captain Moai

Website I checked prolly had wrong info about her. What I did find out is her husband was killed and her son severely injured by a gunman who opened fire with an assault rifle on long island back in 93. I think her ideas are out on the fringe, but when you have that kind of life experience, you're pretty much going to have a slanted view about weapons regardless of how impartial you normally are.

I agree, my view is she should have been shot with them