So what’s going on with this thing about government moves to ban Japanese Mini trucks from the roads in certain US states?
When we at Japan Car Direct first got involved in exporting used Japanese minitrucks to our major used car export markets, which at present are the USA, UK, Canada, Australia, New Zealand, Germany, the UAE, and Ireland (just click on the country name to learn the import rules for these countries), they were fairly rare in the US and overseas, although super common here in Japan. So while for a long time Japanese Kei trucks were niche vehicles, it was not long before their good qualities made them very popular, indeed. Small. inexpensive, highly capable, and eco friendly, they proved themselves to our customers. Snapped up by everyone from landscapers to hunters, from small businesses to big golf course operations, Kei Trucks are the winners. But nothing succeeds like success, and nothing draws more envy.
So “they” started to try to ban these great little machines.
And who are “they?”
Well, we all see in modern times now that there seem to be these groups, organizations, influencers, three letter agencies, packs and gangs that seem to just want to ban, ban, ban. Sometimes, the cause for which they are advocating bans seem reasonable, sometimes, not so much so. The banners, the “they,” are so often inconsistent, and, to me anyway, there is very often a whiff of a certain back roomy smell. Could it be the odor of “conflict of interest?” Or could it be the smell of the nanny state? Lots of odors waft across the fields and forests and down the corridors of power. Ask my dog. His nose picks up all the smells.
But he can’t speak so we’ll never know what he knows, I, myself, don’t know much about what goes on behind the close doors of committee rooms and in the offices of the regulators. Much of it good, honest work, I’m sure. But don’t ask me, man, I just live in the forest on Mount Fuji.
Now what I can gather is that the growing popularity of cheap, capable used Kei trucks from Japan led to the American Association of Motor Vehicle Administrators (AAMVA) and the Insurance Institute for Highway Safety (IIHS) to look into our Kei trucks. AAMVA decided that they were not up to scratch as far as American safety and environmental standards are concerned. Some US state administrative departments, such as DMVs, then moved to make it difficult to register our beloved little trucks for road use. This is what happened in Maine, Massachusetts, Georgia, Rhode Island, Virginia, Pennsylvania, Colorado, and New York. Massachusetts, and Colorado have since reversed the bans. (See here and here)
AAMVA’s safety points about small Kei vehicles are not without reason, Japanese Kei cars are small. They don’t have the size and beef to do particularly well in a head to head punch up with a big American pick up, or a Humvee or a tank.
But are they “unsafe?” And let’s keep in mind that most vehicles from years past will not satisfy modern safety standards, either.
Now on this point, I think it is time for a Dave Price Official Prediction About the Future:
Here goes: (drum roll, please) “Most Vehicles in Production Today Will Not Pass Government Safety Standards 50 Years from Now.”
There you’ve got it, the Oracle has spoken, and you heard it here first on the Japan Car Direct Blog. (Remember and tell your grandkids in 2075.)
Now as far as the environmental concerns are concerned, I have strong concerns not so much about AAMVA’s position in respect of the regulations themselves as about the whole structure and administration and research behind the eco gravy train. Remember my Grade 8 science class? The school told us we have to have more regulations and pay more taxes to stop Global Cooling. Then, a couple of decades later, it became taxes and regs to stop Global Warming. And last I checked it was more of the same for Climate Change. (Yes, I know that most of you guys were not in my Grade 8 science class, but you’ll just have to trust me on that. I was only there half the time myself. Mostly I was just daydreaming.)
But in an eco nutshell, it seems to me that the excellent fuel economy, the diminutive size (and thus sparing use of materials and energy in the manufacturing process) and the fact that used Kei trucks are used (thus saving on the materials and energy for the manufacturing of new vehicles and all the environmental damage that mining and power generation can cause) puts them in the “eco-friendly” category. (But don’t mind me, I’m just thinking for myself. Something I think that most Kei truck fans in the States are in a habit of doing. Watch out, Guys, this can get us into trouble.)
Now, in America, it is legal to import and own a used Kei truck bought in Japan if it is over 25 years old. That is Federal Law, the law of the land. But America has this thing called “separation of powers;” a pretty nifty idea, actually, and one that has helped the United States to avoid becoming a flat out tyranny so far. Good Road!
As an example of division of powers, the National government clears used foreign vehicles for legal import, but the State governments license the cars so they can be on the road. That’s why the States like Massachusetts that I mentioned above can try to ban our dear Kei trucks from being on their roads. The State Department of Motor Vehicles in Texas tried to do this. The Texans weren’t having it.
Now there’s a fellow over there in Texas called David McChristian who questioned and sought clarification from the Texas DMV about their policy of banning the registration Japanese Kei trucks. The DMV didn’t like him much and stopped returning his e-mails.
McChristian got in touch with a Texas State legislator (the kind of guy that is supposed to be actually running the State and making the laws in Texas). Then he got in touch with another legislator, and another, and then another and then finally spoke to about 180 of those legislators; again and again. Things started to move. In six months McChristian got the state government to reconsider the ban.
He has now founded an advocacy group for Kei truck fans in Texas to protect their right to own and operate these lovely little machines. It is appropriately called “Lone Star Kei.” Check out his web page here.
Actually, McChristian didn’t need rescuing, but Japan Car Direct has done our little bit to help consolidate his victory, and the victory of all Texas Kei truck fans and owners.
It has been our pleasure to donate this Honda Acty Kei truck to Lone Star Kei for a raffle.
You’ll find further details here.
https://lonestarkei.betterworld.org/giveaways/acty-giveaway
Is this the start of a Constitutional shift in America?
Check out Lone Star Kei on Instagram, Facebook and Youtube to see what they are up to.
Huh!?
I’ll bet you are thinking that old Dave Price at Japan Car Direct has spun his bearings.
Not at all. There is a big hot issue of Constitutional law under all this. Seriously. It goes like this:
Basically, elected representatives (the legislature) are supposed to make the law. In cases of dispute or lack of clarity, the courts (the judiciary) are given the task of interpreting the law. Agencies, like departments of motor vehicle licensing (the executive) are to enforce (administer) the law. Remember what we said above about the “separation of powers?” It ties in with all that.
So can the executive (administrative guys) make and interpret the law, leaving the legislature guys and the judicial guys out in the cold? If we legally, under US federal law, import a Japanese Kei truck into the United States, can state DMV staff decide for themselves that we can’t have that Japanese Kei truck on the road? A constitutional question; and a big one. So all you US Kei truck owners, along with Mr. McChristian and Lone Star Kei, and us here at Japan Car Direct as well are involved in it. Exciting, eh?
So are “they” going to take away our beloved little Japanese Kei trucks? It will certainly be an uphill climb for “them.” Why?
I assure you again that Dave Price has not spun his bearings. Just listen.
So, in the US, they have the Administrative Procedure Act (APA) which protects people from the administrative guys (like DMV staffs) from overreaching their authority and acting like legislative guys or judicial guys, or both at the same time. Sounds good to me.
But in a US Supreme Court decision in 1984 (Chevron USA v. National Resources Defense Council, if you really want know) the Court basically said that, basically, in cases of dispute or lack of clarity, the courts should basically defer to what the administrative guys (at the DMV and such like agencies) are doing and saying. Like, you know, basically. OK. OK?….Or not OK.
So a couple of fishermen (fishing companies, actually, but still: echoes of McChristian) argued against this easy ride for the admin guys and said “No way, Man. The admin guys shouldn’t be kicking us around the shop.” (Or around the dock, in this case.)
In the first court case the court decided against the fishermen and in favor of the admin guys. In the second court case the higher court said the same thing. But last year, 2024, (in Loper Bright Enterprises v. Raimondo if you really want to know) the case was decided by the US Supreme Court who said, basically, “The fishermen are right. Having the admin guys interpreting the law is not on.”
This is all a super basic overview. (If I use the word “basic” one more time one of my readers is going to smack me upside the head.)
So, as far as I can tell, “they” are not about to burst into our garages and take away our Kei trucks. But we all need to keep vigilant and support guys like David MrChristian at Lone Star Kei. We all need to keep that Texas Spirit. The Spirit of Independence, the spirit of the tough little, practical Kei Truck.
And, putting all these (very interesting and important) US Constitutional law issues aside, if you are looking for a good, clean used Kai truck to import directly yourself from Japan, just register here with us at Japan Car Direct and we’ll be very happy to get the right little machine for you; Independent Spirit included.
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