California Finalizes Program to Provide Amnesty to Owners of Illegally Titled/Registered Specially Constructed Vehicles

California Finalizes Program to Provide Amnesty to Owners of Illegally Titled/Registered Specially Constructed Vehicles


For the past several years, SEMA has been working with the California legislature and state agencies to provide protection for owners of improperly or illegally titled and registered specially constructed vehicles (SPCNS).  Under a looming threat of prosecution, this program was pursued to help vehicle owners and builders avoid a situation that could have led to confiscated cars and felony law enforcement actions.  Beginning July 1, 2011, an amnesty program to allow proper registration of previously-registered SPCNS went into effect.  The program is slated to conclude on June 30, 2012 – roughly 16 weeks remain (as of March 12, 2012).  For owners that may have misrepresented the value of the vehicle or its model year at initial registration, this law provides a method to obtain legal title/registration.  Eight months of the amnesty period have passed, during which time administrative issues arose involving the Bureau of Automotive Repair (BAR) and the Department of Motor Vehicles (DMV).  Working with these agencies, SEMA has finally resolved these implementation problems on behalf of California SPCNS owners seeking amnesty.

These solutions permit these vehicles to demonstrate compliance with current BAR smog-check tailpipe emissions requirements, in addition to providing amnesty for owners that have knowingly made false statements regarding the value of these vehicles, the year of manufacture or knowingly falsified any other facts in documents filed with the DMV or Highway Patrol.  Owners of vehicles that are subject to the smog laws and choose to pursue compliance may install one of several OEM engines and related powertrain components that are intended to meet state emissions compliance requirements.  Depending on the application, owners can also choose to install a “retrofit kit” of parts which may allow smog check tailpipe compliance.  Major components in the kit include an aftermarket electronic fuel injection (EFI) system, EFI controller, exhaust headers, camshaft, mufflers and catalytic converters.

It’s important to remember that amnesty applicants cannot apply for an available SB 100 exemption certificate at the same time the applicant applies for amnesty.  The vehicle must be correctly registered before applying for an SB 100 certificate.  An amnesty applicant whose vehicle failed the smog test must return all application documents to the DMV, including the failed smog test result, a soon as possible so the pending application can be completed and the vehicle correctly registered.  Currently, 370 SB 100 certificates remain available for 2012.  See dmv.ca.gov/vr/spcns.htm for additional information.

As finalized by the DMV, to follow are the methods to achieve compliance:

The owner of a previously registered specially constructed (SPCNS) vehicle with a prior SB 100 smog exemption applies for amnesty, submits all required documentation, and pays all fees due.  The vehicle will be assigned a 2012 model-year and referred to the Bureau of Automotive Repair (BAR).  If the vehicle fails the smog test, the vehicle is disqualified under the amnesty program.  The amnesty applicant will need to return to the Department of Motor Vehicles (DMV) with the application documents including the failed smog test result so DMV can close the pending application as an application to correct an under-reported value only and correctly register the vehicle.  The SB 100 exemption will be retained and the 2012 model-year assigned as part of the amnesty application will be removed.  The owner would not need to reapply for a SB 100 certificate.

The owner of a previously registered SPCNS vehicle without a prior SB 100 smog exemption applies for amnesty, submits all required documentation, and pays all fees due.  The vehicle will be assigned a 2012 model-year and referred to BAR.  If the vehicle fails the smog test, the vehicle is disqualified under the amnesty program.  The amnesty applicant will need to return to DMV with the application documents including the failed smog test result so DMV can close the pending application as an application to correct an under-reported value only and correctly register the vehicle.   The owner may apply for an available SB 100 certificate of sequence once the vehicle has been correctly registered provided the vehicle meets the definition of a SPCNS vehicle.

The owner of a previously registered SPCNS vehicle that was misrepresented as the make and year-model of the vehicle it resembles (i.e. SPCNS vehicle misrepresented as a 1965 Cobra), applies for amnesty, submits all required documentation, and pays all fees due.  The make will be corrected to SPCNS.  The vehicle will be assigned a 2012 model-year, and referred to BAR.  If the vehicle fails the smog test, the vehicle is disqualified under the amnesty program.  The amnesty applicant will need to return to the DMV with the application documents including the failed smog test result so DMV can close the pending application as an application to correct the make, year-model, and under-reported value only and correctly register the vehicle.   The vehicle will be subject to applicable smog requirements.  The owner may apply for an available SB 100 certificate of sequence once the vehicle has been correctly registered provided the vehicle meets the definition of a SPCNS vehicle.

The owner of a previously registered vehicle that is not a SPCNS vehicle, with the correct make and year model (i.e. a real 1965 Cobra), for which the value was misrepresented (under-reported) when the vehicle was registered and titled applies for amnesty and pays all fees due.  This vehicle will not be referred to BAR since it is exempt from smog requirements based on the year-model.  The vehicle qualifies for amnesty and the application will be cleared as an application for under-reported value correction.
Finalizing these options has required years of effort and separate pieces of legislation.  Discussions with state agencies to ensure fair implementation of the program have absorbed additional time.  Unfortunately, these delays have resulted in only 16 weeks remaining in the amnesty program provided for in the law.  After the amnesty program concludes, these vehicle owners will again be subject to prosecution at the discretion of law enforcement agencies.

Please contact SEMA Technical Consultant Jim McFarland at jmcfar1@aol.com with any questions or to seek clarification on the issues contained in this document.

Source: SEMA

Change the Vehicle Import Laws ! Sign the Petition ! Stop the Seizures !

The Department of Homeland Security spends a shockingly disproportionate amount of its budget not on security initiatives, but on customs seizures. In particular, importers of grey-market vehicles have been targeted by monies taxpayers have intended to be used to secure our country against terrorism and terrorist activity. We call upon the Executive Branch to immediately cease this wasteful activity, and furthermore to change the DOT/EPA exemption time on grey-market vehicles from 25 years to 15 years (to match the vehicle regulations of Canada), recognizing that the 25-year rule was enacted due to support from special interests such as Mercedes Benz North America.

"The grey market was successful enough that it ate significantly into the business of Mercedes-Benz of North America and their dealers. The corporation launched a successful million-dollar congressional lobbying effort to stop private importation of vehicles not officially intended for the U.S. market"

"The Motor Vehicle Safety Compliance Act was passed in 1988, effectively ending private import of grey-market vehicles to the United States. No evidence was presented that grey-import vehicles' safety performance differed significantly from that of US models, and there have been allegations of improper lobbying, but the issue has never been raised in court."

This is the reason your Nissan Skyline is illegal. 

Is My Imported Car Legal?

I see this a lot.  This is one recent post on NAGTROC from a member, on a 1999 GT-T Skyline he is selling.

Fast and Furiousssssssssssssss

I'm trading a 1999 GT-T R34 Nissan Skyline in MINT condition! It has 34k miles on it! Also, it is FULLY LEGAL in USA! Tagged, Licensed, Registered!

Now here is the problem, you have an owner, a seller trying to sell a car, and they are claiming it is a legal car, but no proof.  So what kind of proof?  What kind of paperwork are you looking for on a legally imported car?

I will try and arm you with some information, and questions to ask, and some paperwork to look for.  Is the vehicle on the vehicle import eligibility list? If its not on the list, how is someone claiming that the car is legal? Is the car over 25 years old? If it is then it is exempt if imported correctly, and in original configuration.

The first thing you are looking for, is what is called a Bond Release.  The Bond Release doesn't really say much, but it releases the vehicle that was legally imported by a Registered Importer.  Here is a copy of a letter you can obtain from the DOT, NHTSA, OVSC. That is Department of Transportation, National Highway Traffic Safety Administration, Office of Vehicle Safety and Compliance.  They can be reached at (202)366-5291. I still have that number memorized after 12 years.

 The bond release does not actually say the car is legal, rather that the bond that is paid to ensure compliance is released. This is as close as you get to the NHTSA saying an imported car is legal.

My copy of  Code of Federal Regulations. Its seen some use.

In addition to the DOT/NHTSA, you also have the EPA, or Environmental Protection agency to satisfy. When the vehicle was imported, a 3520-1 should have been completed. You should at least try and get a copy of the EPA paperwork.  Underneath the hood, you should be looking for an EPA compliance sticker, with information on the company that did the compliance.  At 21 years old, in its original configuration, a car is legal to import and exempt from EPA requirements. This means that 1989, and 1990 Nissan Skyline GT-R's are EPA exempt.

Porsche 959 BAR label for CARB

If you are in California, there will be an additional label, a BAR label. California is an entire blog post, an entire book of its own. It has its own requirements, its own testing. Its not impossible, but its very difficult. Read difficult as time consuming and expensive. So its not likely that a car has a BAR label. Most people are very proud of the label, I know I am.

People try and import cars everyday. Most are not even aware that they are doing something wrong. Lots of cars make it though customs though subterfuge, and others just fall though the cracks. Many of them get seized.  

Anyone trying to sell a legal car will have all this paperwork at their fingertips. If they don't then something is wrong, and don't buy the car unless you want to take the risk of possible seizure.


Source: NAGTROC

California Announces Groundbreaking Advanced Clean Car Rules

Proposed regulations will deliver cleaner air, slash greenhouse gases, rapidly increase numbers of zero-emissions vehicles

SACRAMENTO - Today the California Air Resources Board released a comprehensive summary of its proposed Advanced Clean Cars regulation package, setting tough new emissions standards for
cars and light trucks from 2015 through 2025.

The package continues California’s leadership role in developing innovative and ground breaking standards for vehicles. It is designed to clean the air, fight climate change, deliver savings to consumers and drive job development in California. Thanks to the rules, vehicles sold in 2025 will cut fuel costs at the pump
by at least 40 percent along with a 50 percent reduction in the quantity of greenhouse gas emissions.

“California once again leads the nation in setting the toughest standards that will deliver the cleanest vehicles,” said ARB Chairman Mary D. Nichols. “This package assures the development of environmentally superior cars that will continue to deliver the performance, utility, and safety vehicle owners have come to expect.”

The Advanced Clean Cars program combines the control of smog- and soot causing pollutants and greenhouse gas emissions into a single coordinated package of requirements for model years 2015
through 2025.  The package also includes a zero-emission vehicle mandate as the focused technology-forcing element, requiring manufacturers to produce increasing numbers of zero-emission
vehicles and plug-in hybrid electric vehicles in the 2018-2025 model years.

“California’s groundbreaking requirement for steadily increasing numbers of zero-emission vehicles provides the underpinning we need for a rapid shift to cars that reduce our dependence on petroleum and toward cheaper and cleaner alternative domestic fuels like electricity and hydrogen.”

The Advanced Clean Cars package of regulations is designed to deliver:

   * A 47 percent reduction of greenhouse gas emissions by 2025, compared to today’s levels;
   * A further 75 percent reduction in smog-forming emissions by 2025;
   * One in seven new cars sold in 2025 (15.4 percent) be a zero-emission or plug-in hybrid vehicle;
   * A total of 1.4 million zero-emission and plug-in hybrid vehicles on the road in California by 2025;
   * A reduction of 40 million tons of greenhouse gases in 2025, the equivalent of taking eight million cars off the road; and,
   * A savings of $5 Billion in operating costs in 2025 for California drivers. This will rise to $10 Billion in 2030 when more advanced cars are on the road.

The proposed Advanced Clean Car package has been in development over the past three years and is composed of four separate but related regulations:

  1. Greenhouse gas standard for cars and light trucks, model years 2017-2025
     This regulation builds on California’s first-in-the-nation greenhouse gas standard that was later adopted by the federal government as part of a national program in 2009.  The current proposal to strengthen the greenhouse gas standard was developed in tandem with the federal government over the past three years,
toward accommodating manufacturers’ desire for a single national program within California’s separate motor vehicle emission control program. It is designed to parallel the national greenhouse gas and fuel economy standards rule the U.S. EPA and the Department of Transport are releasing today under their
coordinated rulemaking.

     The proposed new standard drops greenhouse gas emissions to 166 grams per mile, a reduction of 47 percent from current levels. This will be achieved through existing technologies (such as hybrid cars), the use of stronger and lighter materials, and more efficient drivetrains and engines.

  2. Reducing Smog-Forming Emissions
     California will need to reduce smog-forming pollution by an additional 75 percent from 2016 levels to help meet more stringent federal air quality standards expected in the next few years. Since California continues to have the nation’s worst air quality, and has more than 26 million cars on the road, it is
necessary to further reduce smog-forming pollution from cars. This regulation will drive the development of the cleanest cars yet that use today’s diesel, gasoline-powered, or typical gas-electric hybrid internal combustion engines.

  3. Zero Emissions Vehicle Regulation
     This regulation builds on the program in place since 1990 and is designed to rapidly increase ZEV production to early commercial volumes, establishing a sustainable and growing market
for these advanced technology vehicles. This will place California on a path to reduce greenhouse gas emissions by 80% by 2050, a goal adopted by many nations and believed necessary to
stabilize climate temperature.

     ARB analysis demonstrates that the ZEV regulation is required to put 1.4 million ZEVs on the road by 2025 (15.4 percent of new vehicle sales in that year) in order to be on track to reach the 2050 greenhouse gas reduction goal. A transitional model – the plug-in hybrid car – will play a significant role over the next twenty years but by mid-century, 87 percent of cars on the road will need to be full zero-emission
vehicles to achieve our climate goals.

  4. Clean Fuel Outlets
     This regulation is designed to address the pending commercialization of zero-emission hydrogen fuel cell vehicles by requiring the construction of hydrogen fueling stations. Construction of the new stations will provide a convenient fueling infrastructure, first within the major air basins but ultimately throughout the state.


A summary of the Advanced Clean Car regulation will be posted
later today at:
http://www.arb.ca.gov/msprog/clean_cars/clean_cars.htm .

ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.

Office of Communications 1001 I Street, Sacramento CA 95814. Ph:
(916) 322-2990