Monday, June 30, 2014

California Vehicle Industry News 2014-14

California has just issued a new vehicle industry news - June 19,2014 to address direct import vehicle registration. I was alerted to it by someone having some issues registering a vehicle older than 1975 in California.

States do handle title and registration.California never makes anything very easy. Here is the California DMV notice.



This is the specific section, which are some of the original certification information from for 1966-1970 light duty motor vehicles. 43654

43654. 1966–1970 light duty motor vehicles(a) Except as otherwise provided in subdivision (b), every 1966 through 1970 light-duty motor vehicle, subject to registration in this state, shall be equipped with a certified device to control its exhaust emission of oxides of nitrogen upon initial registration, upon transfer of ownership and registration, and upon registration of a motor vehicle previously registered outside this state.(b) Subdivision (a) shall not apply to a 1966 through 1970 light-duty motor vehicle (1) which is registered to, or subject to registration by, an elderly low-income person, (2) which was purchased from a person other than a dealer or a person holding a retail seller’s permit, and (3) which is used principally by or for the benefit of the elderly low-income person. However, only one vehicle described above shall be registered to, or subject to registration by, the elderly low-income person at any one time.(c) For purposes of subdivision (b), the Department of Motor Vehicles may require satisfactory proof (1) of the age of the transferee of the motor vehicle, (2) of the combined adjusted gross income of the household in which the transferee resides, and (3) that the transferor of the motor vehicle is a person other than a dealer or a person holding a retail seller’s permit.Added Stats 1975 ch 957 § 12. Amended Stats 1976 ch 231 § 3; Stats 1977 ch 1083 § 1, effective September 27, 1977; Stats 1982 ch 664 § 2.

Direct Import vehicle definition.


39024.6. “Direct import vehicle”“Direct import vehicle” means any light-duty motor vehicle manufactured outside of the United States which was not intended by the manufacturer for sale in the United States and which was not certified by the state board pursuant to Article 1 (commencing with Section 43100) of Chapter 2 of Part 5.

Used direct import vehicle as defined in chapter 44200

§ 44200. “Used direct import vehicle”For purposes of this chapter, “used direct import vehicle” means any 1975 or later model-year direct import vehicle not required to be certified as a new direct import vehicle pursuant to this part.For purposes of this section, the age of a motor vehicle shall be determined by the following, in descending order of preference:(a) From the first calendar day of the model year as indicated in the vehicle identification number.(b) From the last calendar day of the month the vehicle was delivered by the manufacturer as shown on the foreign title document.(c) From January 1 of the same calendar year as the model year shown on the foreign title document.(d) From the last calendar day of the month the foreign title document was issued.



4000.1. Pollution control device; Certificate or statement
(a) Except as otherwise provided in subdivision (b), (c), or (d) of this section, or subdivision (b) of Section 43654 of the Health and Safety Code, the department shall require upon initial registration, and upon transfer of ownership and registration, of any motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(b) With respect to new motor vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, the department shall accept a statement completed pursuant to subdivision (b) of Section 24007 in lieu of the certificate of compliance.
(c) For purposes of determining the validity of a certificate of compliance or noncompliance submitted in compliance with the requirements of this section, the definitions of new and used motor vehicle contained in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code shall control.
(d) Subdivision (a) does not apply to a transfer of ownership and registration under any of the following circumstances:(1) The initial application for transfer is submitted within the 90-day validity period of a smog certificate as specified in Section 44015 of the Health and Safety Code.
(2) The transferor is the parent, grandparent, sibling, child, grandchild, or spouse of the transferee.
(3) A motor vehicle registered to a sole proprietorship is transferred to the proprietor as owner.
(4) The transfer is between companies the principal business of which is leasing motor vehicles, if there is no change in the lessee or operator of the motor vehicle or between the lessor and the person who has been, for at least one year, the lessee’s operator of the motor vehicle.
(5) The transfer is between the lessor and lessee of the motor vehicle, if there is no change in the lessee or operator of the motor vehicle.
(6) The motor vehicle was manufactured prior to the 1976 model-year.(7) Except for diesel-powered vehicles, the transfer is for a motor vehicle that is four or less model-years old. The department shall impose a fee of eight dollars ($8) on the transferee of a motor vehicle that is four or less model-years old. Revenues generated from the imposition of that fee shall be deposited into the Vehicle Inspection and Repair Fund.
(e) The State Air Resources Board, under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, may exempt designated classifications of motor vehicles from subdivision (a) as it deems necessary, and shall notify the department of that action.
(f) Subdivision (a) does not apply to a motor vehicle when an additional individual is added as a registered owner of the motor vehicle.
(g) For purposes of subdivision (a), any collector motor vehicle, as defined in Section 259, is exempt from those portions of the test required by subdivision (f) of Section 44012 of the Health and Safety Code, if the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau.
(2) The motor vehicle is at least 35 model-years old.
(3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks.



§ 4000.2. Pollution control compliance certificate for vehicles previously registered outside state
(a) Except as otherwise provided in subdivision (b) of Section 43654 of the Health and Safety Code, and, commencing on April 1, 2005, except for model–years exempted from biennial inspection pursuant to Section 44011 of the Health and Safety Code, the department shall require upon registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, previously registered outside this state, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(b) For the purposes of determining the validity of a certificate of compliance or noncompliance submitted in compliance with the requirements of this section, the definitions of new and used motor vehicle contained in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code shall control.

 44015. Certification of certain vehicles prohibited; Issuance of certificates; Repair cost waivers; Economic hardship extensions; Responsibility of licensed motor vehicle dealers(a) A licensed smog check station shall not issue a certificate of compliance, except as authorized by this chapter, to any vehicle that meets the following criteria

§ 44011. Certificate of compliance or noncompliance; Exceptions
(a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following:
(1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles.
(2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months.
(3) All motor vehicles manufactured prior to the 1976 model-year

(C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply:(i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emission control system or would fail for other cause a smog check test as specified in Section 44012.(ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state.(iii) The vehicle is being registered as a specially constructed vehicle.(iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing.

FMVSS

This notice says  "If the application is for a 1966 model year or newer vehicle..that does not comply with....FMVSS...refer the customer to the manufacturer to obtain a letter..."

Here is the thing about that requirement. FMVSS didn't go into effect in the US until 1967, and then the label requirement didnt go into effect until 8-31-1969. No vehicles produced in the US, or abroad will have the labels that the Caliornia DMV is asking for in this notice. http://www.nhtsa.gov/cars/rules/import/FMVSS/

" FMVSS 209 was the first standard to become effective on March 1, 1967. A number of FMVSS became effective for vehicles manufactured on and after January 1, 1968. Subsequently, other FMVSS have been issued. New standards and amendments to existing standards are published in the Federal Register."

So the California requirements there aren't even possible for a 1966,1967,1968, or 1969 US made and produced car.


http://www.nhtsa.gov/cars/rules/import/FMVSS/index.html#P567

Part 567 - Certification Regulation(Effective 8-31-69)"This part specifies the content and location of and other requirements for the label or tag to be affixed to motor vehicles and items of motor vehicle equipment manufactured after August 31, 1969. This certificate will provide the consumer with information to assist him or her in determining which of the Federal Motor Vehicle Safety Standards are applicable to the vehicle or item of vehicle equipment, and its date of manufacture. An amendment effective January 1, 1972, required gross vehicle weight (GVWR) information on the certification label."

This page and highlighted part specifically addresses vehicles over 25 years old into California, mentioning "unless the vehicle is 25 or more years old."

12.070 Direct Import Vehicles (H&SC §39024.6)

Currently the webpage above still mentions this requirement 'UNLESS" the vehicle is 25 or more years old.

Friday, June 6, 2014

Ferrari Stopped by Customs At Port : Sent Back to Germany


File this under the - people will tell you anything to sell you a car. According to this article in The Local, and on Jalopnik, a retired US Army officer, ran afoul of US Customs, when he tried to import a Ferrari F430 recently.

"The Local copies of emails from the dealership’s sales manager which stated the Ferrari was“perfekt” for Joe and was originally built for the US market."
People will tell you anything to sell you a car. When people are looking to buy a car, many do not do enough investigation prior to purchase. They get the red mist, and fail to see the things they need to see.

On the list of non-conforming vehicles, eligible for importation by a Registered Importer, there is a 2005-2006 Ferrari F430(manufactured prior to 9/1/06). Under VSP-479

..believes are substantially similar are 2005 and 2006 Ferrari F430 passenger cars manufactured before September 1, 2006 that were manufactured for importation into, and sale in, the United States and certified by their manufacturer as conforming to all applicable Federal motor vehicle safety standards.

The petitioner claims that it carefully compared non-U.S. certified 
2005 and 2006 Ferrari F430 passenger cars manufactured before September1, 2006 to their U.S.-certified counterparts, and found the vehicles to
be substantially similar with respect to compliance with most Federal 
motor vehicle safety standards.

Neither article states the year of the vehicle, however The Local said they have seen copies of emails, from the seller, saying the car was a US market car. To me, it would be very odd, for someone to be offering me a US Spec car in Germany, although it is possible.  Due to exchange rates and availability, high end cars can move all around the world.

“I immediately contacted the dealership to ask for help, their answer to me was, ‘we have 100 percent of your euro, you are now in America, the car is in America, there is an unfortunate typo on your title paperwork, too bad’.
The Ferrari, which cost €88,000, was Latin America rather than US specification and can only be converted to US specification at the Ferrari factory in Italy. It was originally built for and sold to an owner in Brazil by the dealership Joe used.
It was "American" spec, but that is Latin America. Not US spec. Even though the 2005-2006 cars have been found to be substantially similar, the owner probably doesn't want to go down the path of RI/ICI or possibly petitioning his car to make it legal for the US. In the case of some Ferraris  the modifications can be more than $50,000.

The former soldier has spent €3,000 on flights back to Germany to try to sort out the problem, paid €2,400 for transportation of the Ferrari to and from the US and has been fined €1,000 by US Customs for illegally importing a non-American specification vehicle into the US.
Never heard of anyone being "fined" for illegally importing a non-American spec car. Maybe there is more to this story or they are talking about demurage fees.

This is why it is very important to do your due diligence when importing cars. For every one guy that "slips" by, or thinks he found a "loophole" for importing, there are many stories like this one. People get caught, lose their cars, or spend thousands of dollars trying to fix the issues. If you need professional help in importing cars over 25 years old- check out International Vehicle Importers.

This vehicle conforms to all applicable Federal Motor Vehicle Safety....
Know before you buy. If you have questions, ask. Get proof. Get pictures. In this case, he needed to see the door jam sticker that says " Meets US FMVSS", and the underhood label that says "Meets EPA requirements". Without those labels, this car is no good for the US market(not easily).

This vehicle conforms to U.S. EPA....
He also could have taken the VIN number, called Ferrari and asked them if it met US standards. He could have run a vehicle history report on the car to see if it had ever been registered in the US.

Hindsight is 20/20 so have the foresight to not make mistakes on importing.

http://www.importavehicle.info/2011/11/is-my-imported-car-legal.html


Source: The Local via Jalopnik

Importing vehicles over 25 years old. 

Monday, June 2, 2014

Unilever fined $362,500 for sales of hair products that violate California's air pollution laws

Unilever fined $362,500 for sales of hair products that violate California’s air pollution laws

SACRAMENTO - The California Air Resources Board today announced that Conopco Inc. has agreed to settle two cases with fines totaling $362,500 for violations of air quality laws related to the sale of hair styling products in California.

Conopco does business as Unilever and is a subsidiary of Unilever PLC, a multinational consumer goods company with U.S. headquarters in New Jersey.

Unilever agreed to pay the fine as part of settling two cases with the Air Resources Board after separate ARB investigations revealed that two products manufactured and offered for sale in California by Alberto-Culver Co. contained illegal levels of
volatile organic compounds (VOCs). In both cases the products — Motions Oil Sheen & Conditioning Spray and TreSemme Root Busting Spray — exceeded a 6 percent VOC limit under a state consumer products regulation.

VOC compounds are regulated by the ARB because they react with other pollutants under sunlight to form ground-level ozone, a main ingredient in smog.



“When consumers statewide use products that do not comply with California’s standards, they unknowingly release significant quantities of smog-forming chemicals into the atmosphere,” said ARB Enforcement Chief James Ryden. “These violations by Unilever impact air quality and public health.”

The case was a repeat violation of California’s consumer products regulations for both Unilever and Alberto-Culver, which Unilever purchased in May 2011. The settlement was enhanced as a result, but also reduced in part because Unilever purchased the manufacturer of the product and cooperated with the investigation.

The products were sold in California for more than a year. In each case, ARB staff discovered the violations after purchasing and testing the hair styling products during routine inspections.

ARB estimated that about 17 tons of excess VOCs were emitted as a
result of direct sales to consumers of the two products. The case
involving Motions Oil Sheen & Conditioning Spray, which resulted
in most of those emissions, was settled for $355,000. The second
agreement, covering VOC violation for TreSemme Root Busting
Spray, was settled for $7,500.

Saturday, May 31, 2014

Nonconforming Motor Vehicles That Are Eligible For Importation (By Or Through A Registred Importer) November 2013

November 2013

Under 49 U.S.C. § 30112(a), a person may not permanently import into the United States a motor vehicle manufactured after the date that an applicable Federal motor vehicle safety standard (FMVSS) takes effect unless the vehicle complies with the standard and is so certified by its original manufacturer. This prohibition applies to both new and used motor vehicles, but does not apply to motor vehicles that are at least 25 years old (based on the date that the vehicle was manufactured).




All eligibility numbers are for left-hand drive motor vehicles except where the initials "RHD," signifying right-hand drive, appear in the model type column. While there is no specific restriction on importing a right-hand drive vehicle, these may not be imported under eligibility decisions based on the existence of substantially similar U.S.-certified left-hand drive vehicles. Our experience has shown that the safety performance of right-hand drive vehicles is not necessarily the same as that of apparently similar left-hand drive vehicles offered for sale in this country. However, we will consider the vehicles "substantially similar" if the manufacturer advises us that the right-hand drive vehicle would perform the same as the U.S.-certified left-hand drive vehicle in dynamic crash tests. Absent such a showing, the RI would have to demonstrate (through a petition) that the vehicle, when modified, would comply with all applicable Federal motor vehicle safety standards, including those for which dynamic crash testing is prescribed.

 
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