A question over Doug's latest article

Kinja'd!!! "BATC42" (BATC42)
02/11/2015 at 20:32 • Filed to: None

Kinja'd!!!0 Kinja'd!!! 17

I'm posting here, since I probably won't have an answer on the FP. The question is completely out of curiosity since I don't live in the states. Anyway, as !!!error: Indecipherable SUB-paragraph formatting!!! , you can't import a car without an engine and the engine and put them back together once ashore. BUT what about kit cars? I think these are legal in the states (or am I wrong?). So if you were to import a completely disassembled car, like a LEGO, could you build it back and register it, as a kit car, afterwards?

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DISCUSSION (17)


Kinja'd!!! TheHondaBro > BATC42
02/11/2015 at 20:34

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I think that, if while you're building it you're simultaneously building it to US specs, it should be OK.


Kinja'd!!! Dusty Ventures > BATC42
02/11/2015 at 20:35

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Yes(ish), though I don't know the details


Kinja'd!!! HammerheadFistpunch > BATC42
02/11/2015 at 20:36

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here


Kinja'd!!! Aya, Almost Has A Cosmo With Toyota Engine Owned by a BMW. > BATC42
02/11/2015 at 20:37

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In Indonesia that's the way to avoid import tax. So you bought the car as parts, build it, and register it as a kit car.


Kinja'd!!! HammerheadFistpunch > BATC42
02/11/2015 at 20:39

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Short answer:

""Motor vehicles" must comply with the Clean Air Act and may not be disassembled nor purchased in a disassembled form for the purposes of evading the Clean Air Act or the Imports regulations."


Kinja'd!!! Ferrero1911 > BATC42
02/11/2015 at 20:40

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NO. no. No. NOOOOOOOO. In conclusion. NO.

Edit: I see others have posted the link that I couldn't find when all I could think was no.


Kinja'd!!! Bird > BATC42
02/11/2015 at 20:41

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Nope you can't...HammerheadFistpunch posted the link I would have posted...

I keep trying to explain this to people and no one gets it...

The key is, once it's a car, it's always a car. You can import all the parts of a car disassembled free and clear, but reassemble them, and you're breaking the law.

Here's a letter from the NHTSA sent in reply to someone asking about it. The pertinent information is the part about who the manufacturer is.

http://isearch.nhtsa.gov/files/21068.zt…


Kinja'd!!! RallyWrench > BATC42
02/11/2015 at 20:41

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In California, there are a certain number of "special build" registrations available every year, something around 500 I think. This is specifically for kit cars (Caterhams, etc) & hot rods, and they must be inspected & assigned VINs. I don't know how it would apply to a series production car built up from parts, but I suspect it wouldn't fly. Otherwise thieves would be having a field day.


Kinja'd!!! Birddog > BATC42
02/11/2015 at 20:42

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You mean deconstruct, ship, and reassemble?


Kinja'd!!! Arch Duke Maxyenko, Shit Talk Extraordinaire > BATC42
02/11/2015 at 20:46

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You would need to buy all of the parts individually and assemble them yourself. The car can't be assembled anytime before hand.


Kinja'd!!! BATC42 > HammerheadFistpunch
02/11/2015 at 20:48

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Well, that couldn't be clearer. Thanks for the link :)


Kinja'd!!! Drakkon- Most Glorious and Upright Person of Genius > BATC42
02/11/2015 at 20:49

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Dead on arrival.

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.

Part two is why Rosen can import 'glider' Nobels and you install your own Ford driveetrain after it gets here.

I think it is also why Superformance and Factory Five get away with providing reproduction cars and powertrains, because the cars are substantially 1960s tech and 1960s engines.


Kinja'd!!! BATC42 > Bird
02/11/2015 at 20:53

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Thanks for the link. It made everything clear. Once the car been assembled it can never be reassembled.

But, if you were to stumble upon car parts before the assembly line, could you build it yourself and register it as a kit car? Or if you get the tooling from a manufacturer?


Kinja'd!!! PS9 > BATC42
02/11/2015 at 21:47

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Short answer; No.

Long answer; Regulating the importation of vehicles is the domain of the NHTSA. They follow a set of rules and regulations known as the federal motor vehicle safety standards (FMVSS). A vehicle that does not comply with the FMVSS is not legal for operation on any public road within the US. Outside of the 25 year rule, show and display, and importation for racing (off road) or otherwise temporary purposes, there are no exemptions for non-conforming vehicles. Registered Importers can bring a vehicle into conformity, but doing so on most modern cars is extremely cost prohibitive even for the wealthiest among us. This is why it isn't done.

According to the NHTSA, it is the responsibility of the vehicle manufacturer to ensure compliance with FMVSS . Note the following points pursuant to U.S. Code § 30102 ;

A 'motor vehicle' is defined as, ' a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways.

'Motor vehicle equipment' is (A)'any system, part, or component of a motor vehicle as originally manufactured; and/or (B) 'any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle'

A 'manufacturer' is 'anyone assembling motor vehicle equipment or anyone importing motor vehicle equipment for the purposes of resale.'

So, if the question is for example, "Can automatch purchase all of the related parts for an RS6 Avant piece by piece and build a vehicle in his garage that would then be legal for sale and use on public roads in the U.S.?" The answer is "No.". Assembling the car would make him a motor vehicle manufacturer (remember, according to Code 30102, anyone assembling a motor vehicle using motor vehicle equipment qualifies as a manufacturer), and it would then be his responsibility to bring the resulting vehicle into compliance with the FMVSS. This is not something a person can do on their own, so the resulting vehicle would be non-conforming and subject to confiscation by the NHTSA.

Note that it is not the domain of the NHTSA to title and register vehicles. This is the responsibility of every individual state. Being able to title and register a non-conforming vehicle will not protect it (or you) from having it confiscated and crushed without compensation. The NHTSA is a federal agency, and state-level law enforcement entities are required to comply with federal regulations.


Kinja'd!!! Bird > BATC42
02/11/2015 at 23:10

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That is a more intricate situation. I know it is possible to buy a 'body in white' from some manufacturers. Usually those would be for building a production car based race car...

The key in that situation is determining who ultimately is the manufacturer. Based on the definition you could make the argument that the company providing the body is not the manufacturer, but a supplier of parts. That would make the US based person the 'manufacturer'. Also, at that point it could not be considered a kit car, you would be the manufacturer, and subject to the laws in place regarding US based manufacturers...currently that would mean you would be treated the same as GM or Ford in regards to EPA and Federal Motor Vehicle Safety Standards. Meaning crash testing and EPA testing. However, there is currently a bill making it's way through Congress called the 'Low Volume Motor Vehicle Manufacturers Act of 2014'. It has not been signed into law yet, but would create a standard for low volume vehicle manufacturers that could exempt them from many of those requirements and allow already EPA certified engines to be installed in the vehicles.


Kinja'd!!! Doug DeMuro > BATC42
02/12/2015 at 22:17

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You can import car parts, and I suspect you could import enough parts to eventually constitute a vehicle, then put it all together. That would be frowned upon but so damn hard to enforce that I suspect you wouldn't get in trouble. The problem would be when you go to register it.

As for an actual to-be-made kit car, it would be more difficult since it does violate rules. You might, as an automaker, be able to secure a low-production vehicle exemption from federal regs; I assume this is how Rossion does it.


Kinja'd!!! BATC42 > Doug DeMuro
02/13/2015 at 06:00

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But how do companies like Factory Five do? Low production vehicle exemption?