Weekly Legislative Update October 11, 2021

RPM Act Introduced in Senate

The Recognizing the Protection of Motorsports Act (RPM Act) has been reintroduced in the U.S. House of Representatives and U.S. Senate in the 2021-2022 session of Congress! 

The RPM Act must be enacted into law to guarantee your right to modify street cars, trucks, and motorcycles into dedicated race vehicles, and ensure that industry can offer parts that enable racers to compete.

Now is not the time to take our feet off the gas. Even if you’ve previously contacted your lawmakers about the RPM Act, we need your voice once again now that the bill has officially returned for consideration in 2021! Tell your lawmakers to do their part to finally save racing from government threat by supporting and passing the RPM Act into law this year.

Senators Richard Burr (R-NC) and Jon Tester (D-MT) reintroduced the Recognizing the Protection of Motorsports (RPM) Act.

The bill text is the same text as S. 2602, last session’s Senate bill. The RPM Act includes six original sponsors, including Mark Kelly (D-AZ), Joni Ernst (R-IA), Joe Manchin (D-WV), and Thom Tillis (R-NC).

As you are aware, the RPM Act will protect Americans’ right to convert street vehicles—including cars, trucks, and motorcycles—into dedicated racing machines, and the motorsports-parts industry’s ability to sell products that enable racers to compete. 

Support for the House version of the RPM Act, H.R. 3281, continues to build. The bill has 101 cosponsors (79 Rep. & 22 Dem.). It’s important that we increase the number of Democratic cosponsors of the bill, especially Democratic members of the Energy & Commerce Committee.

TIA respectfully requests that you members of Congress cosponsor H.R. 3281/S. 2736, the Recognizing the Protection of Motorsports Act of 2021 (RPM Act). The bipartisan RPM Act protects the right to convert an automobile into a racecar used exclusively at the track.

Modifying a vehicle into a racecar is an integral part of America's automotive heritage. Many types of motorsports feature racers that compete using racecars that were converted from street vehicles, including trucks and motorcycles, into dedicated race vehicles. Racing events are an economic driver for many communities and a source of affordable family-friendly entertainment for millions, with participants that range from professionals to novices using converted race vehicles.

Congress never intended for the Clean Air Act (CAA) to apply to motor vehicles modified for competition use only. However, the EPA maintains that CAA requires converted vehicles driven exclusively on the track to remain emissions compliant.  

H.R. 3281/S. 2736 clarifies that transforming motor vehicles into racecars used exclusively for competition does not violate the CAA. It is imperative that Congress passes the RPM Act to provide long-term certainty to racers and motorsports parts businesses. 

U.S Department of Labor Announces Tips CMP Final Rule

 

On September 23, 2021, the U.S Department of Labor announced publication of a final rule (Tips CMP final rule). Consistent with the Consolidated Appropriations Act of 2018, the final rule restores the department’s ability to assess civil money penalties (CMPs) of up to $1,100 per violation against employers who take tips earned by their employees, regardless of whether those violations are repeated or willful. The revision further aligns the Department’s regulations with applicable precedent and how the department actually litigates willfulness and provides improved guidance on circumstances where employers’ conduct may be willful. 

Additionally, the final rule modifies regulatory provisions adopted in the 2020 Tip final rule addressing managers and supervisors. This final rule clarifies that while managers or supervisors may not receive tips from mandatory tip pools, managers and supervisors are not prohibited from contributing tips to eligible employees in such pools. 

The final rule withdraws two portions of the 2020 Tip final rule related to the assessment of Civil Money Penalties (CMPs) and finalizes proposed changes to those portions of the 2020 Tip final rule.

The final rule becomes effective November 23, 2021. 

CMPs represent an important equalizer in the economy by helping to ensure fair competition for responsible employers.   

The Tips CMP final rule emphasizes that managers and supervisors cannot keep employees’ tips. Tipped workers who play an essential role during the pandemic and the economic recovery count on the tips they receive from customers who reward them for their hard work.  

The Wage and Hour Division will assess CMPs for employer violations as appropriate. We focus our efforts on proactive compliance, delivering education, outreach, and compliance assistance to provide employers the information and tools they need to comply with the law. Our enforcement efforts, including the assessment of CMPs, incentivize employers to comply with the law, and allow us to send a clear message when employers violate the law.  

For more information about the FLSA or other laws it enforces, visit the Wage and Hour Division, or call toll-free 1-866-4US-WAGE.

Join TIA for Top Golf in Vegas!

For the first time, TIA has organized a golf outing at TopGolf Las Vegas to benefit TIA’s government affairs efforts. Join us for a fun-filled afternoon of golf, laughter, and networking for a worthy cause before the GTE show at Top Golf.

There is no pressure – whether you are an avid golfer or have never swung a club, TopGolf is the spot for you. There are many things to do in Las Vegas, there are plenty of places to go to – but if you are looking for a truly unique experience, look no further than TopGolf.

The cost is $150 Per Golfer and registration includes 2 hours of golf and refreshments in a private bay. The fun-filled day will include reserved bays, two-hours of golf, and refreshments.

The event will take place on October 31st, 2021 from 2-4 pm at 4627 Koval Ln, Las Vegas, NV 89109. TopGolf is located behind the MGM Grand and is a short walk from the strip. There is also plenty of parking available at the complex.

We hope you can spend the afternoon with us networking with industry professionals while enjoying some golf and appetizers for a good cause to support the association.

We also have sponsorship opportunities available for this event. For more information and to RSVP contact me at rlittlefield2@tireindustry.org

CLICK HERE for a registration form.

CLICK HERE for a sponsorship form.

A HUGE THANK YOU TO OUR SPONSORS SO FAR:

 

31 Incorporated

AME International

Dill Air Controls

Southeastern Wholesale Tire

ShopMonkey

Stellar Industries