A possible legal strategy to fight the $200/$400 registration surcharge? Here's an idea . . .

[EVer Hopeful]

Ok, I have no legal qualifications, but as usual if you read between the lines there is a loophole :

The $200 fee added on to registration ($400 for a new registration) is codified under Texas Transportation code 502.198(a) which says:


"...this section applies to all fees collected by a county assessor-collector under this chapter.

(b) In addition to other fees authorized under this chapter, at the time of application for regostration or renewal of registration of an electric vehicle, the applicant shall pay an additional fee of:
(1) $400, for the registration of a new vehicle to which section 548.102 applies; or
(2) $200, for the registration or renewal of registration of a vehicle to which section 548.101 applies."


but if you look at 548.102, it clearly says:

"Sec. 548.102. - TWO-YEAR INITIAL INSPECTION PERIOD FOR PASSENGER CAR OR LIGHT TRUCK.
(a) The initial inspection period is two years for a passenger car or light truck that:
(1) is sold in this state or purchased by a commercial fleet buyer described by Section 501.0234(b)(4) for use in this state;
(2) has not been previously registered in this or another state; and
(3) on the date of sale is of the current or preceding model year.
(b) This section does not affect a requirement that a motor vehicle emission inspection be conducted during an initial inspection period in a county covered by an inspection and maintenance program approved by the United States Environmental Protection Agency under Section 548.301 and the Clean Air Act (42 U.S.C. Section 7401 et seq.)."

But as we all know, a new Tesla only gets a ONE-YEAR Initial Inspection period 548.102 CANNOT APPLY to a new Tesla ... meaning They cannot enforce the $400 additional fee - or if they want to then they must give a TWO-YEAR Initial inspection



Furthermore 548.101, it clearly says:

"Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. Except as provided by Section 548.102, the department shall require an annual inspection. The department shall set the periods of inspection and may make rules with respect to those periods. The rules must provide that:
(1) a vehicle owner may obtain an inspection not earlier than 90 days before the date of expiration of the vehicle's registration; and
(2) a used motor vehicle sold by a dealer, as defined by Section 503.001, must be inspected in the 180 days preceding the date the dealer sells the vehicle."

So once an annual inspection is no longer required, the $200 fee will be no longer be assessable



Help me here. There must be someone on this board who actually has legal qualifications ... I'd be interested in what they think

 

[father_of_6]

I have no legal qualifications either, but my take on it is: "Give us our money, punk... and if I our legalese has a loophole, we'll fix it."

So you might be right, but as soon as people start taking advantage of a loophole, the douchebags in power will choke them out with new (maybe even more expensive) legislation.

 

[Xenoilphobe]

Pay the Taliban Road tax and move on...

 

[iCharge]

Ok, I have no legal qualifications, but as usual if you read between the lines there is a loophole :

The $200 fee added on to registration ($400 for a new registration) is codified under Texas Transportation code 502.198(a) which says:


"...this section applies to all fees collected by a county assessor-collector under this chapter.

(b) In addition to other fees authorized under this chapter, at the time of application for regostration or renewal of registration of an electric vehicle, the applicant shall pay an additional fee of:
(1) $400, for the registration of a new vehicle to which section 548.102 applies; or
(2) $200, for the registration or renewal of registration of a vehicle to which section 548.101 applies."


but if you look at 548.102, it clearly says:

"Sec. 548.102. - TWO-YEAR INITIAL INSPECTION PERIOD FOR PASSENGER CAR OR LIGHT TRUCK.
(a) The initial inspection period is two years for a passenger car or light truck that:
(1) is sold in this state or purchased by a commercial fleet buyer described by Section 501.0234(b)(4) for use in this state;
(2) has not been previously registered in this or another state; and
(3) on the date of sale is of the current or preceding model year.
(b) This section does not affect a requirement that a motor vehicle emission inspection be conducted during an initial inspection period in a county covered by an inspection and maintenance program approved by the United States Environmental Protection Agency under Section 548.301 and the Clean Air Act (42 U.S.C. Section 7401 et seq.)."

But as we all know, a new Tesla only gets a ONE-YEAR Initial Inspection period 548.102 CANNOT APPLY to a new Tesla ... meaning They cannot enforce the $400 additional fee - or if they want to then they must give a TWO-YEAR Initial inspection



Furthermore 548.101, it clearly says:

"Sec. 548.101. GENERAL ONE-YEAR INSPECTION PERIOD. Except as provided by Section 548.102, the department shall require an annual inspection. The department shall set the periods of inspection and may make rules with respect to those periods. The rules must provide that:
(1) a vehicle owner may obtain an inspection not earlier than 90 days before the date of expiration of the vehicle's registration; and
(2) a used motor vehicle sold by a dealer, as defined by Section 503.001, must be inspected in the 180 days preceding the date the dealer sells the vehicle."

So once an annual inspection is no longer required, the $200 fee will be no longer be assessable



Help me here. There must be someone on this board who actually has legal qualifications ... I'd be interested in what they think

my understanding is that inspections are being waived only in certain parts of Texas. Cities with large populations like DFW metroplex, houston etc will still subject to inspections.

 

[brkaus]

Are they actually charging $400 for the initial registration?