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Monday, June 30, 2014

California Vehicle Industry News 2014-14

Even newer information.  California vehicle registration information for direct import. HTVR 9A

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.

Read more!




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.

9/2015. California vehicle registration information for direct import. HTVR 9A

6 comments:

Jimmy Davis said...

Thank you for this! Is it okay to purchase reconditionedJapanese buses? Will there be no repercussions?

Anonymoussaid...

Unfortunately this still leaves murky the really expensive part - emissions testing for cars cleared to direct import under the 25 Year Rule.

CA H&SC Code 44210 states that EPA conforming documents are required. Cars older than 25 years old are issued a conforming document - an exemption.

But CARB seems cagey on accepting that exemption as a conforming document. They seem to indicate the car will still need testing. Nobody has really tried it - because they don't want to be told that they have to spend $7.5 to $10k emissions-test a car for CA after it's already here. And CA won't issue a determination until someone risks it. It's nuts.

You basically have to be a rich person willing to take on CARB (in court) to be a trail blazer on this one.

Sean Morris said...

H&SC 42210 has a few more requirements. The vehicle had to be registered first out of state for at least a year, then that same person moves to California, and could be granted permission to be exempted from Direct import requirements.

Certificate of Conformity is also defined pretty solidly. There is no conforming document issued for a vehicle over 21 years old in original configuration. The 3520-1 is filled out, but there is no actual approval by EPA. US Customs signs off on the document, and allows the import.

" 44210. Vehicles which may be registered without certification
The requirements of Section 44202 do not apply to any motor vehicle having a certificate of conformity issued by the federal Environmental Protection Agency pursuant to the federal Clean Air Act (42 U.S.C. Section 7401, et seq.) and originally registered in another state by a person who was a resident of that state for at least one year prior to the original registration, who subsequently establishes residence in this state and who, upon registration of the vehicle in California, provides evidence satisfactory to the Department of Motor Vehicles of that previous residence and registration.
Added Stats 1985 ch 1138 § 2"

Anonymoussaid...

I can't see the document in question. Was it removed?

Sean Morris said...

Embedded documents don't always show up. Here is a direct link. http://apps.dmv.ca.gov/vehindustry/vin_memos/vin2014/14vin14.pdf

Anonymoussaid...

I believe that I am the one who is mentioned in the article. If not, at least my story is the same. I have a RHD, JDM Honda N360 and I have converted it to electric. After months of effort, I finnaly got the guys at CARB to okay adding a simple check box on title papers (at the dmv) for imports. You can check yourself, there is now a checkbox which enables a california title if engine is replaced with an electric motor. I got a title and plates with only a DMV inpection.

 
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