People Are So Very Confused

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Well it is legal.  The car comes with a NY State Title.  The vehicle was imported by the good old USA.  When a government official lives in a certain area for a certain amount of time they are allowed to purchase a vehicle.  When they return home, they have the option to bring their vehicle back with them and are given the needed paperwork.  This is what was told to me.  From other sources I have talked to, this seems to check out.  This particular car came from Japan on a Army plane, so I was told.

UPDATE :Something I did not notice, it shows a substitute for US VIN plate. The plate looks correct, but the chassis/VIN number does not show up in my records of cars.  Correct information, could actually help this guy out on a sale, rather than some weird reason.


Wow that's a new way to import.  I didn't know government officials were given a free pass. This is another classic case of people hearing bits and pieces of information, and then twisting those little bits of information to fit themselves.  Coming over on an ARMY plane, must make it legal.  Or, so he was told it came over on an ARMY plane.  I highly doubt this car has ever been on a plane, or an ARMY plane. Anything is possible, but it seems like to me, that if the military did move it, they would use something normal, like a ship.
As close as I can get to a “government official” being allowed a vehicle is as a temporary import, which is legal.
A non-resident of the US may import a car for a period not to exceed one year, however they can not sell the car in the US. Box 5 HS-7  So, that ones out.
A Diplomat or member of an organization designated under the international organizations immunities act can import a vehicle for personal use during the importers tour of duty. It has to be exported at the end of the tour of duty unless sold to another person who is eligible to import a vehicle under this exemption. Box 6 HS-7. So unless the guy selling it is a diplomat and selling it to another diplomat that one is out too.
There's more, member of the armed services of a FOREIGN country. That is someone from a country, that is not the US, importing a car for personal use while on duty in the US. It must be exported at the end of the importers tour of duty. Box 12, HS-7
So that about ends the temporary imports for government officials. Just because you write it, doesn’t mean that its legal, or that it was done legally.  This is so true in the car importing world. Most people are ignorant of the laws, and either intentionally or unintentionally violate importation laws.
The asking price of $110,000 is a little out there. With the current market, the current going ons in the Nissan Skyline world, the $32k bid doesn’t sound too bad or too far off for a state legal car like this.
Source : Freshalloy , and Ebay

Post Title → People Are So Very Confused

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EPA Kit Car Policy

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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

Post Title → EPA Kit Car Policy

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