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Well not yet. I went into some more information on the 21 year EPA exemption in another post, and I decided to put up a video on Youtube. Videos are always more fun than just words. Subscribe to my videos for more vehicle import information.
Source : GT-R USA Blog
This post is about the EPA’s stand on Kit Cars and the importation of vehicle parts, and assemblages of vehicle parts.There is also some information on what the NHTSA/DOT defines as vehicle parts.
The following represents a clarification of EPA's policy concerning the regulation of imported and domestically produced kit cars and kit car packages. Kit vehicles are understood by EPA to typically involve new bodies, used drivetrains and new or used chassis. Used components may or may not be refurbished. This policy applies to kits or assembled kit cars only. This policy does not apply to regular production vehicles offered for importation into or produced in the United States.
This only applies to kits or assembled kits. The next part is important.
The production, sale and importation of vehicle parts (engines, transmissions, chassis, vehicle bodies, etc.) are not regulated by EPA because parts are not considered motor vehicles under the Clean Air Act. However if the parts constitute a disassembled vehicle or an approximate disassembled vehicle, the combination is considered a motor vehicle under the Clean Air Act. Any attempt to use this policy to circumvent the Clean Air Act or the Imports regulations will be considered a violation of the Clean Air Act and will be strictly enforced. An example of such circumvention is:
- A kit car maker who also provides the engine and transmission before or after production/importation of the body/chassis.
The next question is: what constitutes a disassembled vehicle or an approximate disassembled vehicle ? Is a used fender an approximate disassembled vehicle ? Is a front clip an approximate disassembled vehicle ? Is a transmission illegal to import because it can be used in a vehicle ? There is no absolute definition, as the NHTSA/DOT has for importation.
The NHTSA /DOT is very clear on what they constitute as a motor vehicle under importation laws. http://vehicleimport.blogspot.com/2007/12/importation-and-certification-faq-all.html
If a vehicle is shipped without its engine and drive train, it would be treated, for importation purposes, not as a motor vehicle but instead as an assemblage of motor vehicle equipment items. In this instance, the vehicle would be entered under Box 1 on the HS-7 Declaration form, which covers motor vehicle equipment not covered by a standard, or manufactured before the date that an applicable standard takes effect. Any items included in the assemblage that are subject to an FMVSS (brake hoses, brake fluid, glazing, lighting equipment, seat belt assemblies, tires, rims) that were not manufactured to comply with the applicable standard, and/or were not so certified by their original manufacturer, must be removed from the assemblage and exported or destroyed before entry.
No engine, no drive train, and any items with the parts meeting FMVSS, the parts are legal to import.
So the real questions get back to the EPA’s policy on what exactly is parts, and what exactly constitutes an approximate disassembled vehicle.
Importing a large group of parts, and then building a road vehicle from those parts, does not make the parts a “kit car” even though people like to defer to that term. Its used by a lot of people, and states to describe cars that people have home built, or specially constructed vehicles.
Individual states handle the titling of specialty constructed, or home built vehicles. It is out of the EPA’s hands by that point. The Clean Air Act requires some states and areas to have an emissions testing program, but not every state or area requires it. There are even areas in California that smog testing is not required annually.
Source :http://www.epa.gov/OMS/imports/kitcar.htm and Vehicle Import Information
About 3 years ago, we had a discussion with several people, including Detective Hsu that handled much of the Motorex investigation on the Freshalloy Forum. I have been posting on Freshalloy, originally as Motorex, then as tyndago since 1999/2000.
Yes thats a twin turbocharged LS1 powered R34 from Australia.
If you search the forum for information on importing, you will probably find, about every month, someone will come on their with an “idea” of how to import cars to the US. About every single month, a new “idea”. Actually the same idea over and over. Sometimes a little twist here and there, but mostly the same. I care about the consumer. I care about the guys that are buying cars. I want them to be fully informed in exactly what they are buying. After I left Motorex, and there was no more VCP-17, I did not care as much about tracking down these guys.
Read my first post carefully. Understand what I am saying.
Specialty constructed vehicles. I had a chance to look at some specialty constructed vehicles. "Based on" R33 and R34.
Interesting operation. Seems to follow the laws to a T. Nobles and Cobras are brought in as specialty constructed cars, why not GT-R's.
Now the only "legit" ways have been shut down, people will find other ways. This way is as close as I see to being correct.
Then I had this to respond to one guy saying I was doing a disservice to people in saying they were “as close as I see to being correct.” Understand what I am saying there. I pick my words fairly carefully.
Trust me, I am normally the one in your shoes. I have seen and read the rules and regulations. I have done it through the RI channel since 1999.
Ever see a Noble ? How about a Cobra Kit car ?
The Nobles have an engine that was never a certified US engine. Not in a twin turbo configuration.
The kit car thing is such a gray area. Its reading into it as much as you want to read into it.
Ie parts. Any parts are an approximate disassembled vehicle. In the example... the kit car manufacturer DOES NOT provide the engine/transmission - you buy it from somewhere else. #2
Car parts are not considered - Motor Vehicles. #5 no longer applies, as a chassis is no longer a motor vehicle. See how it can go around and around.
" "2" above; an individual or firm that assembles kits for hire or resale, that produces assembled kit cars for resale or that produces complete kit car packages for resale"
If you build it yourself, no matter what configuration it has, you don't need to meet EPA requirements. You can't build a car for someone else. You can't hire someone to build the complete car for you.
The laws and regulations are in place, doing it though all the RI/Import regulations is no longer possible. Lets exploit the open channels. People want cars, this way is open.
As long as its done, the way that one guy is doing it. If you buy a car, have it disassembled, import it, import the engine from it, and reassemble it, then thats going around the Clean Air Act. If you buy a certified chassis, and then go from there, its not illegal by what I read.
Head on over to the FA forum to check out the full post. There is a bit of back and forth both ways. Again this is from 3 years ago. This is not a new discussion. This is not a new thing.
Source : Freshalloy Forums
Federal Test Procedure, or FTP means the test procedure as described in Sec. 86.130-00 (a) through (d) and (f) which is designed to measure urban driving tail pipe exhaust emissions and evaporative emissions over the Urban Dynamometer Driving Schedule as described in appendix I to this part.
California Air Resources Board.
It is the DOT form required to import a vehicle
Its the EPA form required to import a motor vehicle. 3520-1
http://www.nhtsa.dot.gov/cars/rules/import/ShowDisplay/
There are two ways to import a race car .
http://www.nhtsa.dot.gov/cars/rules/import/Racing/Index.html
Registered importers are supposed to perform all modifications as the modifications are covered by safety recall insurance . If the RI did not perform the modifications there is no way for them to ensure the modifications are done correctly.
If this guy sells it to someone , without the person fully knowing about the car they may have some problems .
The only person that has something actually to lose is the guy that buys this car . If I can use some of my knowledge about this , to possibly help someone out , then I will .
Does anyone remember the call I got from the guy with a Skyline in Canada . Someone had told him that he could import the car to Canada . Then drive it for a year before he had to legalize it . Have to tell him that there is really not much I could do for him . I gave him his options . He didn't think he was doing anything wrong . But hes the guy that gets screwed.
http://dms.dot.gov/search/searchFormSimple.cfm
Do a keyword search . Search for Lancer Evolution . You will see two 87 page documents from me for the LHD Mitsubishi Lancer Evolution VII and VIII . The first few pages are the actual work . The rest of the pages are substantiating documentation from Mitsubishi press releases , and service manuals.It took me about a month to do the Mitsubishi petition . Get the paperwork and information together . Do the research , etc .
In February , 2003 I flew over to the DOT in Washington , DC and dropped off my petition . At first I bundled the VII and VIII together as they are on the same chassis CT9A . The DOT did not like this , and I had to go and split it into two petitions .
It took about 2 months for them to decide they wanted to see it different . Then took several more months before they published the VIII petition in the Federal Register . Another month to publish the VII petition . Comments from Mitsubishi on the VII delayed the closing of the petition a week. There are comments from Mitsubishi on the VII petition also.The week after Mitsubishis comments I called the DOT to find out if they wanted me to formally comment on Mitsubishis comments , and they told me to stand by. Its been about 3 weeks now , and I am standing by. In all its been 11 months since I started the project .11 months. Sure in that time , everyone in the DOT has changed , some rules have changed .
In the end, Mitsubishi kept making challenges, and we kept responding. Their final challenge that really took the sails out of the project was the claim that the side impact structure of the European car, and the US car were different. We were set to X-Ray the side of the car, but the money ran out, and the project was shelved.
http://www.obdiicsu.com/ No system was required by other countries until recently .
http://www.arb.ca.gov/msprog/aftermkt/aftermkt.htm#altfuel
Alternative Fuel Certified Retrofit Systems Under current California regulations, conversion of emission-controlled vehicles with retrofit systems to operate on alternative fuels, such as propane and natural gas, in lieu of the original gasoline or diesel fuel is only allowed if the retrofit systems have been evaluated and certified by the Air Resources Board. The certification must be obtained by the manufacturer of the retrofit system and is issued by the Air Resources Board once the manufacturer demonstrates compliance with the emission, warranty, and durability requirements. View a list of certified retrofit systems for 1994 and newer model-year vehicles. (Word97 - 56K) or (Acrobat - 110K)
Motor vehicles" must comply with the Clean Air Act and may not be disassembled nor purchased in a disassembled form for the purposes of evading the Clean Air Act or the Imports regulations. In these situations the kit car body/chassis combination must be certified by the manufacturer, must be in a configuration which was previously certified by EPA subject to the guidelines discussed at "2" above or, in the case of an importation, an EPA form 3520-1 must be filed at the port of entry and the vehicle imported by an eligible ICI who must ensure that the kit car body/chassis complies with all applicable emission requirements. At the present time, there are no ICIs eligible to import kit cars.
Insurance Institute for Highway Safety crash test results -- http://www.hwysafety.org/vehicle_ratings/ratings.htm
Crash test data - Edmunds / NHTSA -
http://www.edmunds.com/ownership/safety/crashtestdata/ NCAP Offset Crash test results - >http://www1.tpgi.com.au/users/mpaine/ncaplist.html Code of Federal Regulations -
http://www.gpoaccess.gov/cfr/index.html Emissions Information - http://www.access.gpo.gov/nara/cfr/waisidx_02/40cfr86_02.htm Kit car titling in Illinois - http://rawilson.net/cobra/title.html
Here are some caution words. Found this over at Zilvia forums. I don’t have too much of a problem with the car, I have a problem with the words the seller uses - “fully legal”,and only for $3000. That is simply not possible. This person can maybe get a title for this car in some state for $3000 , but the car is not “fully legal”. Possessing something, does not make it legal.
This state titling thing seems to be confusing to most people. They assume that because they are titling a car, its legal.
If this car was imported as a complete car, and they bypassed Customs, DOT-NHTSA , EPA regulations, then the car may have been able to be titled, but its not legal. Offering the service to “legalize” and title the car as a Nissan Skyline is just not legal.
With all the current goings on with the Kaizo investigations, and New Jersey investigations, maybe these guys aren’t that smart. Probably not. There was even this R32 GT-R in Texas from a while ago that was seized by Homeland security.
The car they are selling is a GTS R32. Maybe a $2000 car in Japan. Shipping, and getting a title for it costs, but its still just a GTS. You would be better off with at US legal 240 for that kind of money. No matter what you do, this thing is still a GTS.
I spoke to a person today that informed me that they had a call from ICE on their vehicle. The ICE agent asked to come out and take photos of the vehicle. The person that received the call asked if the car was going to be seized, and the ICE agent said that it was not going to be seized. I advised him that he should speak to a lawyer before he allows anyone to come and investigate any of his property.
What I think that ICE wants to see is the body and the engine together. They are still investigating Kaizo, and looking to see if they supplied engines and bodies together. If anyone else gets any calls – please email me to tell me what was said. tyndago@gmail.com . I want to stay on top of this, and see where its going.
All "public interest" legislation (and any distribution of money taken by force from some men for the unearned benefit of others) comes down ultimately to the grant of an undefined undefinable, non-objective, arbitrary power to some government officials. The worst aspect of it is not that such a power can be used dishonestly, but that it cannot be used honestly. The wisest man in the world, with the purest integrity, cannot find a criterion for the just, equitable, rational application of an unjust, inequitable, irrational principle.-Ayn Rand
The law was made for one thing alone, for the exploitation of those who don't understand it, or are prevented by naked misery from obeying it.-Bertolt Brecht
I posted up a few days ago, that I had heard that someone with a Nissan Skyline that did NOT come in though Motorex got a letter from the DMV. The former owner of the vehicle, he had since sold it, called the NJ DMV for clarification. His story follows.
First I spoke to the "Vehicle Title Stop" Department. They are responsible for looking into possible title fraud for such things as illegal VIN swaps, stolen vehicles that slipped through the cracks, wrecked vehicles that should have a salvage status and are currently on the road, and vehicles that NJ feels are unsafe for operation on NJ roads. After being on hold for 10 minutes they transfer me to the investigator handling my title. At first he was very vague in why I received the letter. He initially explained that, like the letter states, my vehicles title has been revoked and my registration has been suspended. After I explained that the car was sold about 5-6 months ago he asked who it was sold to. All I told him was some guy in NY. I asked if there was a problem with the sale paperwork as NJ is very big on collecting the proper sales tax. He went to on ask why the car only has an 11 digit VIN. I responded that the vehicle was imported from Japan a number of years ago and that DMV has documentation of the VIN plate and the etching from the VIN on the firewall. He then asked if I had the car upgraded to meet State and Federal Emissions and Safety standards. I responded that the vehicle had 2-3 prior owners before I purchased it and that it was titled, registered and insured at the time I purchased it. "Is the steering wheel still on the right side of the vehicle?", I responded, "Yes". Then he asked if I supplied the buyer with the proper bond releases and I advised him that the only documentation I received was the title and copy of the registration which was all given to NJ DMV when I transferred the title and registered it in my name. Then he started to open up a bit. He stated, and I quote, "There have been an abundance of imported vehicles in the state of NJ and when a vehicle is was manufactured in 1995 and doesn't have a 17 digit VIN it should have a DOT and EPA bond release in order to received a title in NJ. Other states may have different rules, but that's what we require." He explained that the letter never should have been sent to me and that it should have been sent to the new owner. NY sent the paperwork to NJ advising them that the vehicle was sold and requesting that NJ release the title to NY that's how it "landed on his desk". He said that since I no longer have possession or ownership of the vehicle I am not responsible for having it inspected, but if the new owner wants NJ to release the title to NY they must being the car for an "in-depth safety & emission inspection" and supply the proper bond releases. When I asked what would happen if the vehicle meets all the safety and emission requirements (which we all know it won't) but cannot supply the bond releases, he replied, "Then the new owner will have nothing more than a decoration for his garage since it's legally not roadworthy".
All I have to say, is that things are happening. Its hard to say where its all going, or how widespread this investigation is going to be.
While talking about importation, Motorex, and Nissan Skyline GT-R’s in general on the R35 GT-R Forum – NAGTROC , I was informed that on the newest Show or Display list, that an R34 GT-R was on the list. I found this interesting, as the car they listed did not exist. I let the guys know that I would call the NHTSA- OVSC to get some clarification on it.
I talked to the NHTSA - OVSC yesterday. I spoke with Dick Merritt there that handles the Show or Display exemptions. The good way to get him going is to mention Skyline. We had a 20 minute conversation, about many things Skyline related. I mentioned to him that I met him in 1999 when I went to DC to talk to the OVSC then.
When I asked for clarification what the R34 on the Show or Display list was, he said 1999 - Nissan Skyline GT-R R34 Vspec , Early. He said "they made less than 300."
That is not true. Vspecs were more popular than regular models . http://rbmotorsports.blogspot.com/2009/06/nissan-skyline-gt-r-r34-production.html . I don't have the exact numbers but 5536 R34 GT-R's were sold in 1999. Over the entire run of 12,175 cars , 7338 were Vspec;Mspec,VspecII;Nur , and 3962 were standard.
Anyway. He called Skylines "rocket ships" more than a few times. He said he would never want a car with so many computers in it, like the Porsche 959. He wondered how anyone could, or would work on Skylines.
He said that he did not want the management to pass the R34 for Show or Display, but it was done without his approval.
Then he mentioned that no R34 has been brought in under the Show or Display exemption, because no one can do the EPA side of the requirements.
Over at Supraforums, a member posted up the following.
FYI, if you are own a Skyline or any imported non US compliant car in NJ, NJ DMV is going through their database to do visual inspections and document inspection, NHTSA and EPA paperwork, if they are not provided they are suspending the registrations and titles.
How do I know? I have a friend who received the letter and spoke with DMV.
Based on the information I have recieved over the last few weeks, I think that the government is going after all imported and non-compliant vehicles in the US. The state titled cars, the kit cars, parts cars , every car. I had some doubts until I saw this latest post. It seems like this will be very big, and affect a lot of people, and a lot of cars.
Source: Supraforums
