Can JDM motors be US road legal?

Kinja'd!!! "eovnu87435ds" (eovnu87435ds)
10/16/2013 at 12:16 • Filed to: JDM, Inspection

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Hey there, first oppo post here. I have a question that hopefully somebody here can answer for.

I have two project car ideas, and I have to choose one. Both of them, however, will more likely than not, involve a JDM sourced Subaru motor.

Project #1 is a Subaru GC8 2.5RS with newer WRX or STI internals, otherwise restored to showroom condition.

Project #2 is a 73-74 Super Beetle, restored, with the drivetrain stripped out and replaced with a Subaru EJ20 from a WRX, !!!error: Indecipherable SUB-paragraph formatting!!!

The issue, however, is that I'd like to be able to get the car to pass NJ inspection without jumping through any major hoops. Now I know that with regular motor swaps, NJ doesn't have an issue if the motor you're putting in is newer than the chassis, but I think there are issues for non USDM motors, since they haven't ran through US EPA tests.

Has anybody ever gotten a JDM motor to pass inspection? Also, any input on which project I should do would be good too!


DISCUSSION (25)


Kinja'd!!! HammerheadFistpunch > eovnu87435ds
10/16/2013 at 12:19

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motor swaps are a state by state deal, but more often than not, if it passes the OBD scan (1996 and newer) and or the smog test, not one will give a crap. I was looking at getting a JDM Toyota 3S-GE as a replacement for a 3S-FE that needed work and it looked to be nice and easy.


Kinja'd!!! camotoy > eovnu87435ds
10/16/2013 at 12:20

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check your local laws to see if the old bug even needs to be checked. i know here in the evil state of California, if its older then 75 you can do what ever you want to it. ie, swap what ever motor you want into it, and you dont have to smog it.


Kinja'd!!! MonkeePuzzle > eovnu87435ds
10/16/2013 at 12:22

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"Also, any input on which project I should do would be good too!"

GC Impreza, duh


Kinja'd!!! TheDon > eovnu87435ds
10/16/2013 at 12:22

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I have seen a bunch of JDM engines in cars here since the Japanese buy new cars every few years by law. As long as you don't have to do an emissions test or visual inspection you're probably legal. However, try and search your states DMV on this matter and you will have your definitive legal answer.


Kinja'd!!! Not a Sunburst Miata > camotoy
10/16/2013 at 12:26

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In texas its 24 years.


Kinja'd!!! Casper > eovnu87435ds
10/16/2013 at 12:28

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It depends on the state. For instance a lot of states don't smog test, so they would never even know. Other states even though they test, don't run VINs and don't really dig more modifications. Usually more than it being a JDM engine, it's the modifications that tip them off.

My car has a JDM engine, but I put it into a car old enough to be exempt from pretty much everything. I'm following the muscle car guys logic: buy something extremely old for the VIN, modernize everything. Since I went this route, I can't really speak to what issues you would run into with a newer car.


Kinja'd!!! daender > eovnu87435ds
10/16/2013 at 12:30

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I think there's two major factors into getting one street-legal, emissions and OBD compatible. Just getting one into the US? Easy, pay and ship.

1.) Emissions, Japanese performance engines usually tend to create more emissions than US engines so, in my opinion, be prepared to get some sort of "special" ecu tune to sneak by for testing purposes. I live in SC so they don't give a shit if a gas engine is rolling smoke.

2.) OBD-2, I know for a fact there's a GC STI-converted sedan in my state. He literally swapped everyone over from a chopped-in-half JDM car onto a US chassis, including the RHD setup because it made wiring 100X easier. If I remember right, RB26 motors and their JDM ecu aren't OBD-2 so owners had to used a 300ZX ecu and adapt it.


Kinja'd!!! Takuro Spirit > eovnu87435ds
10/16/2013 at 12:31

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As a person who has swapped a JDM Subaru motor into their car, I can tell you that:

A. It is legal in this state, so long as it passes a OBD scan, no worries

B. Laws vary from state to state.

C. I used my original PCM, intake manifold, and sensors. They don't care on a Subaru what they're attached to, so long as it is a motor.


Kinja'd!!! Party-vi > eovnu87435ds
10/16/2013 at 12:34

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NO

Specifically read this page and note below :

Another situation recently brought to EPA's attention involves the offering for sale of used foreign-built engines. These engines are often not covered by a certified configuration for any vehicle sold in this country. In such a case, there is no way to install such an engine legally. EPA has recently brought enforcement actions against certain parties who have violated the tampering prohibition by performing illegal engine switches."

Many states also have statutes or regulations prohibiting tampering in general. Most of these laws specifically prohibit tampering by individuals. A few specifically prohibit engine switching, using provisions similar to those stated in EPA's policy. To determine the state law in any given state, the state's Attorney General's office should be contacted. In addition, many states have state or local anti-tampering inspection programs which require a periodic inspection of vehicles in that area, to determine the integrity of emission control systems. Many programs have established policies for vehicles which have been engine switched. While EPA does not require these programs to fail engine switched vehicles which are not in compliance with federal policy, the Agency does strongly recommend that these programs set their requirements so as to be consistent with the federal law. State or local programs which pass illegally engine switched vehicles may mislead federally regulated parties into believing that engine switching is allowed by federal law.

Do NOT tell anyone if you install a JDM or other foreign-market engine. Do NOT ask anyone for one. You do not want fines/registration suspended.


Kinja'd!!! RamblinRover Luxury-Yacht > Party-vi
10/16/2013 at 12:57

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CAA Title II's authorization over vehicle emissions passed in 1970, so any vehicle prior to that point (some would say prior 1967) is not based on any type of EPA certification whatsoever and one can do whatsoever the fuck one wants. Technically, EPA illegality would probably be the only one in force in the case of a JDM'ed 73 Beetle, as all other law for a vehicle of that age regardless of state tends not to give a fuck.

Megasquirts are not EPA certified and count as tampering, but I'm full speed ahead on using one in a '63, because F tha P per the above.


Kinja'd!!! eovnu87435ds > Takuro Spirit
10/16/2013 at 13:00

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Good to hear! do you happen to have a build log of some sort for your swap?


Kinja'd!!! Party-vi > RamblinRover Luxury-Yacht
10/16/2013 at 13:01

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Oh agreed - the Feds even said state laws differ, but as far as modern vehicles and the US Government is concerned you're ass is grass. I did read on a forum that a seller of his B18C Civic had a potential buyer, but the buyer didn't have enough funds and the seller wouldn't come down on price so the buyer reported the vehicle to the EPA. The last thing I want is some Jalop to finish his/her dream car only to have it taken away and fines levied against them.


Kinja'd!!! eovnu87435ds > Casper
10/16/2013 at 13:02

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this is good to know if I choose the Beetle project


Kinja'd!!! eovnu87435ds > MonkeePuzzle
10/16/2013 at 13:05

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See, I think the GC Impreza would be fun too. I daily an 02 2.5TS wagon that will last me at least until I finish the project car, at which point I can do something fun with the bugeye wagon once the project proves to be driveable and dependable. So what it comes down to for me is whether I'd want to have 2 imprezasor the beetle and the bugeye


Kinja'd!!! Bird > eovnu87435ds
10/16/2013 at 13:08

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Here's a link to the PDF Party-vi quoted from.

The regs are actually pretty vague, and that vagueness makes them unreasonably tough.EPA basically says even swapping a motor from one domestic make to another is 'probably' illegal, unless it's kept in a 'conforming condition'. When was the last time you heard the EPA going after a Fox Body with an LS though...?

I'm not saying do it. Just pointing out the reality.

Enforcement is really what they decide to enforce. It sucks, clear laws with the ultimate goal of emissions regulation instead of political pandering would make the situation better. It's actually quite simple. Establish a baseline allowable emissions level by year of manufacture and test for it. Who cares how you make it. Right now I can't put a less polluting engine in my car, because of the stupid laws.

The section Party-vi quoted has been enforced though. It seems just to businesses. Jesse James was fined for putting non conforming motors in bikes that were registered as custom built, and hot rod/kit car builders/manufacturers have been fined as well. Seems they haven't gone after individuals.

There is one way that I could see as a kind of loophole. I'm no lawyer, so don't trust me on this. If a car is brought into the US under the 25 yr rule, that engine 'configuration' is considered exempt (EPA says it's exempt in 21 years actually 25 is for the FMVSS...). If you then swapped that 'exempt configuration' into another car... Like I said though, I'm no lawyer.


Kinja'd!!! eovnu87435ds > RamblinRover Luxury-Yacht
10/16/2013 at 13:12

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I was looking at older ones too, but I had to think rationally about it. I know that not everybody is for motor swaps in old cars, so I'd rather not do it to an older, more valued, and more expensive beetle. Besides, in a 1900lb car with an engine that will produce 160-300 hp(depending on the sourced motor), I'd want the super beetle for it's macpherson struts rather than a torsion bar to tie the front wheels together. A project car is only fun if you don't end up killing yourself!


Kinja'd!!! Takuro Spirit > eovnu87435ds
10/16/2013 at 13:32

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Not really, it was YEARS ago.


Kinja'd!!! RamblinRover Luxury-Yacht > eovnu87435ds
10/16/2013 at 13:52

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I'm putting a '94 engine in a '63 car some time in the next few months, but going to a completely different air/fuel delivery. Since the title says '63, they can say nothing about it at all - even if I'd gotten a crate or salvage one from the UK instead of the US.

Said vehicle is a Falcon Ranchero, so I can base performance front suspension off Mustang setups.


Kinja'd!!! Mustafaluigi > eovnu87435ds
10/16/2013 at 14:07

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Project #1. You mean something like this

Holy hell this is clean as it gets.


Kinja'd!!! dropthatclutch > eovnu87435ds
10/16/2013 at 14:09

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Can or not I would ask why. The extra money you spent on getting a EJ207 JDM motor over here and legally straightened out could be spend on a EJ205 USDM motor to make up for most of the deficiencies, or an EJ257.


Kinja'd!!! Alex87f > Mustafaluigi
10/16/2013 at 14:47

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Spent 30 minutes looking at that because of you.

30 awesome minutes!


Kinja'd!!! MR2_FTW - Group J's resident Stig > eovnu87435ds
10/16/2013 at 15:10

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If you don't have to do emissions, sure. If you live in Kalifornia, no, period.


Kinja'd!!! Mustafaluigi > Alex87f
10/16/2013 at 15:32

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The scary part is he just doesn't stop, hes still changing things around.

However...

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Dat Shineeeee


Kinja'd!!! matthewklein220 > MR2_FTW - Group J's resident Stig
10/16/2013 at 15:35

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In California: pre-'75, you're smog exempt and therefore they don't really care what you put under the hood as long as it isn't too loud.


Kinja'd!!! eovnu87435ds > dropthatclutch
10/17/2013 at 08:34

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Good point. I am still pricing things out, and I knew that there are tons of JDM motors with about 60,000 on them. For older stuff, you are probably right. But if I end up doing the GC8, I'll probably splurge to get running gear from a newer STI so that I could get it running with DCCD and SI drive. Nobody would think of getting rid of an STI with 60k on the clock in the states... That's where JDM motors might be a cheaper, or at least more feasible option.