The reality of importing a car to the USA

The reality of importing a car to the USA

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Captain Cadillac

Original Poster:

2,974 posts

187 months

Tuesday 28th August 2012
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I've been dying for a TVR myself, and have seen some flat-out dangerous advice in this forum.

Here's the basics of what it takes to bring a car into the USA or Canada.

CANADA: Anything 15 years of age or older is free to import. Anything younger cannot be imported, excepting specified US Market vehicles.

USA:

1) ANYTHING that's 25 years old or older (by build date) can be imported without any DOT or EPA clearance issues whatsoever. In fact, EPA is 21 years, but DOT is 25.

That being said, the state in which the car is registered may still require a safety and/or emissions test, so bear in mind that a 1987 Euro spec 560SEC may not pass a tailpipe test as it probably won't have a catalytic converter.

2) ANY VEHICLE that is less than 25 years old MUST be federalized with ONLY ONE exception, that is if it's approved under show and display. Any vehicle approved under show and display still has to meet EPA requirements if it's less than 21 years old. Generally for the DOT to approve a car for show and display it has to meet very specific requirements.

A) it's a historically significant *_specific_* car such as the Pope's Enzo, and I did see that Gorbachev's Mercedes Limo was approved.

B) it's a very limited production car. I'm surprised that the Lotus Omega was approved, it's usually cars like the Bugatti EB110, Porsche 959 and XJ220 that have been approved. A limited production TVR might be approved, a Cerbera? Highly doubtful.

If the vehicle does not fall under the Show and Display exemption, one will likely need to be imported, modified to meet us standards, including dual airbags on 98+ vehicles, labeling, DOT lamps, tires and seat belts, etc and then crash tested by an approved lab. If it fails, start over and try again.

Once that's done, and all of this has to be done via a registered importer willing to petition the DOT, the car can then be imported and modified to meet US standards.

Oh, it still has to be EPA legal, including an OBD2 (similar to EOBD) engine management system if it's a 1996 or newer vehicle.

Vehicles that are "substantially similar" to those already federalized can be imported somewhat easier, this is why you'll often see European market Ferraris and some BMWs etc here. As a reference a number of Euro-Spec E34 M5s have come over including a decent number of tourings, and a few 525iT AWDs.

Oh, if the car is RHD this does NOT apply, so forget about importing a RHD Porsche as "substantially similar".

Failing this, the car cannot legally be imported.

Tourists are exempted for a year. Foreign governments are exempted (this is why I have seen an Alfa 159 on US State Dept plates in NYC).

Vehicles can be imported as Rae cars but they'd darn well better be actual race cars. There is also a time limit for this.

NO MATTER WHAT ANYONE MAY TELL YOU THERE IS NO LEGAL WAY AROUND THIS. NONE WHATSOEVER!

Are there TVRs in America with US titles and license plates and insurance? I'm sure there are. There's plenty of illegally imported cars in this country with State issued titles and registrations. Go to the big Thursday night meet when the JDM kids show up and you'll see JDM cars with New Jersey plates and registrations, all illegally imported and titled.

Does that mean that US Customs can and will find them, seize them and crush them? Why yes it does. Right now they have a serious hard on for skylines. nd a number have been seized, I've also known of Lotus Elise's being seized in the 90s that were illegally imported.

Furthermore it's a federal crime. If you're here on a green card you probably don't want to be committing a federal felony.

Are these laws absolutely draconian? Yes, IMO they are. They are absolutely bullst. But they are there and until they are changed they are reality. If you want to direct your anger, direct it towards Mercedes-Benz USA who lobbied for them in the late 1980s.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Wednesday 29th August 2012
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Loach1 said:
Thanks for a good summary of vehicle import regulations.

I think it is worth mentioning that you can legally import 80% of any car quite legally, providing it is less engine and transmission, and non-FMVSS approved parts are removed. How these parts are combined with parts from other donor cars appears to be up to the constructor of the vehicle. Providing you don't simply reinstall the factory parts, I can't find anything that states that this method is illegal.

Am I missing something?
Yes you can. But since it wasn't imported as a car you can't legally turn it into a car. Legally a "kit car" has to have an MSO and legally a kit car frame has to be brand new. That's how the Nobles were getting in, the frames had MSOs and they were sold as kit cars, although even that is questionable I've been told.

Someone was doing this with skylines, importing shells and issuing them VINs and MSOs. Cars were seized, people got arrested.

If I legally could I'd sell the Murcie in a heartbeat and have a TVR but I'm not about to do that and have it seized and crushed frown

There's a grey area with some of this, im also into traditional hot rods and lots of them are actually replicas (Brookville makes an incredible 32 Ford body and American Stamping makes perfect 32 Ford frame parts) but I understand that you can get MSOs for some of those parts or since everything is new you can apply for a VIN from the state and get an assigned VIN and title as long as major parts are new and as long as you can document everything. But this varies from state to state.

I live in New Jersey, without an MSO for a frame there's really no way to register a kit car or a home built car. Now, in some states? Go for it.

Edited by Captain Cadillac on Wednesday 29th August 09:50

Captain Cadillac

Original Poster:

2,974 posts

187 months

Friday 31st August 2012
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Guys,

Google "Kaizo Skyline seized".

A revinned shell is not a kit car and they are aware of this. You can check the show and display lost at nhtsa.dot.gov but last I looked nearly every TVR had been denied under show and display.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Saturday 1st September 2012
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RJDM3 said:
No your not slow and you are correct.

But most of the other things posted on here are correct also, however there is much missunderstood information out there and its also clear that the OP does not have a in depth knowledge
If there's a legal way to import a TVR without doing the following, I'm in:

Find a Registered Importer willing to tackle the project. JK Technologies MIGHT be willing IF you have the money. Wallace in Texas is another that, again, MIGHT.

Import one via a NHTSA approved Registered Importer for the purpose of modifying the car to comply with all FMVSS and crash testing it. This shouldn't cost much more than $150,000.

Converting a 1996 or newer TVR to be OBD2 compliant. This can't cost Much more than $50,000 I'd think.

Retrofit FMVSS compliant dual air bags for 98+ newer TVRs or at least a drivers airbag for a 1989 or newer TVR (well, you could use motorized seatbelts like Jaguar did from 89-92 on the XJ40s sold here). That's gotta be cheap, right? A DOT/NHTSA compliant airbag system?

TVRs aren't on the governments radar like Skylines are, but people have tried to bring them in legally and failed, so I'd imagine they are keeping an eye open for them.

As far as importing one as a kit car, remember the following:

Previously produced cars are not kit cars. Kit cars are new cars sold as a manufacturer as a kit. This is why we can own Caterhams here, they are legitimate kit cars.

Importing a disassembled car and then reassembling it is a very big no-no, again, federal crime.

Can you get one in and get it titled and registered? Yes you can. You can also go 90 down the Jersey Turnpike, smoke crack, beat your wife, cheat on your taxes, embezzle money, etc. the ability to do something does not make it legal. The key difference is state vs federal.

Federal: responsible for federal vehicle safety and emissions standards and the legality of vehicles imported into this country.

State: responsible for issuing registrations, license plates, running emissions testing if deemed necessary, issuing drivers licenses, etc.

The states have no authority, and for quite a few of them, don't give a hoot if your car is legally here or not. The Feds don't give a hoot if your car ever gets registered or titled, they're worried about their own thing.

These are the only ways to legally drive a TVR in America:

1) Buy one of the "Wedge" or earlier TVRs that were legally sold here up until about 1988 if memory serves.

2) Import a 1987 or older TVR.

3) want one bad enough that you'll pay to have the car federalized. This could cost as much as an Enzo.

4) give petitioning the government for show and display another shot. But remember that if it's a 1996 or newer car it will still have to be OBD2 compliant, the EPA could care less what NHTSA/DOT says you can or can't do.

Any other way, you're breaking the law and could end up in trouble with the EPA or NHTSA/DOT or both. Your car could be seized, you could be arrested.

Kit car? Sure, assuming Nikolai revives TVR and starts selling kit cars.

You can legally buy a Noble or a Caterham here because they are legally imported as kit cars, since TVR is defunct I see no way to legally bring one in as a kit car.

As a side note I've imported quite a large number of grey market cars, through registered importers as well as a great many 25+ year old cars. It is a process but as long as the car is on the admissibility list it can be done.

A TVR simply can't.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Saturday 1st September 2012
quotequote all
Loach1 said:
There isn't.

But.... You can import TVR parts and build your own car from them. It must have an EPA certified engine, and all of the FMVSS items need to be addressed for a specially constructed vehicle. It is no longer a TVR, but quite close to the real thing, and AFAIK, 100% legal.
I don't think that you can... People have tried this with JDM stuff and been caught. They have been closing loopholes recently.

Read this:

http://www.epa.gov/oms/imports/kitcar.htm

Captain Cadillac

Original Poster:

2,974 posts

187 months

Saturday 1st September 2012
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Loach1 said:
Lovely car, but they are upfront about the lack of registration. See the comment about offroad use only. My guess is this is either a foreign owned car that has outstayed its welcome and may have been reported as destroyed? Or it could have been brought in as a track car. Usually track cars have to look less roadworthy though, so I think the first possibility is more likely. Nice toy for the weekend track events though!
It may have been shipped over in a container and just not gotten caught. I tried that once about 10 years ago, I bought a Sapphire Cosworth in Europe, put it in a container and figured I could just drive it around on a dealer plate. Remember, dealers can use dealer plates in America on cars that they're just driving around.

Well I got caught and had to ship it back to Belgium. Cost me a small fortune. But not everyone gets caught.

Wouldn't surprise me if the Feds seized that. Will they? Probably not. Could they? Yup.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Friday 7th December 2012
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so called]aptain Cadillac said:
B) it's a very limited production car. I'm surprised that the Lotus Omega was approved, it's usually cars like the Bugatti EB110, Porsche 959 and XJ220 that have been approved. A limited production TVR might be approved, a Cerbera? Highly doubtful. [quote]

On this basis, surely a Mk 2 Tuscan or Convertible or Sagaris are rare enough.
Depending what data you use, there were only about 83 Tuscan Convertible built.
It's worth a shot. That's the only practical way to do it from where I sit, however... Here's the list:

http://www.nhtsa.gov/cars/rules/import/sdlist04010...

Several TVRs were turned down. Also, show and display only exempts you from DOT requirements, the EPA still requires that the car be brought into compliance. On a 1996 or newer vehicle that means it has to be OBD2 compliant (EOBD is basically the same). I am not aware of an OBD2 standalone/aftermarket ECU.

This is how the 3.8L E34 M5s get in, they're pre-96 which makes things dramatically easier. Those tend to pass EPA with nothing more than a healthy engine, fresh catalytic converters and a fresh tune up.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Friday 7th December 2012
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fatbutt said:
I got flamed so hard on that point a few months ago I gave up on this forum completely. Some people just won't listen to the reality of the situation - unless you have very deep pockets to federalise a TVR, forget it.

Everyone(ish) seems to think they can outsmart a GOVERNMENT DEPARTMENT set up specifically to stop this happening, the very definition of naive.

Glad you're sticking to your guns smile Sadly, I couldn't be arsed.
There's been so much misinformation on here and a lot ofit was downright dangerous. Look, reality is, you probably CAN get a modern TVR into the country and if you're slick enough you can probably get it titled and plated depending on the state that you're in. But the reality is, it's a federal crime and in all likelihood you have a good chance of not getting caught. But if you do, and a lot of the PHers in America are British expats on green cards or Visas, you're going to end up in trouble and likely get thrown out of the country. Not worth it, no matter how amazing TVRs are.

It pisses me off as well, when it comes right down to it these laws are absolutely idiotic. The blame lies squarely with Mercedes-Benz USA as they're the ones who basically managed to get some powerful lobbyists to shut the grey market downin the late 1980s.

Edited by Captain Cadillac on Friday 7th December 05:04

Captain Cadillac

Original Poster:

2,974 posts

187 months

Saturday 8th December 2012
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Loach,

It can be a grey area with the Feds. If I'm not mistaken the bodyshell/chassis has to be new AND sold as a kit car.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Monday 10th December 2012
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Loach1 said:
Not a kit car! Read up about specially constructed vehicles. Rules vary by State, but generally they are pretty flexible. It would be a home-grown car made from various used and new parts.
Would you be using a body and/or a chassis from a nonconformist vehicle? If so, that's illegal. Federal law overrides state law, that's very important to bear in mind.

People have done this with skylines, and had them impounded and destroyed or exported. If it were that easy a TVR would be in my driveway as we speak.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Monday 17th December 2012
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You could likely import one in pieces and get it in the country. If you then put it on the road you've broken federal law. If you're going to break the law anyway why go through the hassle of ripping it apart tho?

The Skyline guys have tried every single loophole that you guys can think of and then some, every single time they've been caught. What a state might allow is overridden by federal law. The federal government says that marijuana is illegal, Colorado just voted to legalize it. Go ahead, grow some.. But when the Feds bust you for it, try you for it in federal court and send you to federal prison state law means nothing.

I'm able to get a title for virtually anything, doesn't make it legal. I could ship a Cerbera over, park it at my friends repair shop in Orlando, have him claim a storage lien on it, get a title for it and boom, I'd have a Cerbera with a Florida title. It would still be illegal though.

I know of a European-spec BMW E39 530d touring that's in the country illegally, its got a NJ title (previously NY). It belonged to an embassy, was towed for illegal parking and then auctioned off after it was unclaimed by the city of New York. They obtained a NY title for it and sold it. Still doesn't make it legally in the country though.

I know of cars here titled and registered the following ways, all of which are illegal:

Home built
Specially constructed
Kit car
Bamboozling the DMV into flat out issuing a title
Bonded titles
Using a "title service" via Vermont or Alabama
Storage lien title
Repossession affidavit title
Counterfeit EPA and DOT releases (the states rarely call Washington to check)
Counterfeit/fake Certification labels
JDM Starlet turbos registered using the VIN and title from a US-Spec Corolla
RHD Soarers titled using VIN and title from a scrapped SC300/400
An MG RV8 titled as a 1980 MGB
Lots and lots of late model (efi) original Minis imported as exempt 25+ year old cars
Dealers driving around on dealer plates and never registering the things (trade plates can generally be used as regular plates here, when I was a dealer I stopped bothering paying for the registration on my own 740iL for years and used a dealer plate)
Lie about the cars age, claim its a 1987

Every single one of these is a federal crime and could land you in serious trouble.

There's likely thousands of illegally imported cars in the country, go down to Florida and you'd be shocked at how many you'd come across. Most people don't get caught, although the skyline boys have gotten the governments attention in a big way so they are watching a little more closely.

Federalize the thing,or figure out how to bring it in via show and display or bring in one that's 25+ years old. That or run the risk of getting caught and getting into trouble. Those are your options. There is NO other way around it, regardless of whether or not you can get the car into the country and get it titled and registered.

Edited by Captain Cadillac on Monday 17th December 05:49

Captain Cadillac

Original Poster:

2,974 posts

187 months

Friday 21st December 2012
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Loach1 said:
Nobody is challenging the fact that it is illegal to import a modern TVR. You are preaching to the choir.

If I decide tomorrow that I am going to build a Cerbera replica with an LS3, a tubular chassis and a glass fiber body, that would be perfectly legal if I comply with my states rules for a specially constructed vehicle. Right? Right.

Now, to save time, I will buy some bits and pieces because my welding sucks and quite frankly fiber glass stinks. So, I get a chassis and body to get the project started. They happen to come from the UK, but that's fine because they were imported as car parts. I get my used engine, some seats, lights, and other bits and bobs and finish it up. Now I have a wonderful looking, fast, legal car that could easily be mistaken for a TVR. But it isn't, because I made it myself.

If I had the time or money, I would do this. Apparently not everyone would, but I think they should talk it over with an expert if they are seriously interested.
The problem really isn't the state, the problem is DOT/NHTSA. If you home build a car but use the chassis/body from a car that's otherwise nonconforming, then you may very well have a problem with them.

Probably the best way around this is for someone to manufacture exact replicas and sell them as kits. I heard that the original body tooling from TVR has been scrapped. If that's true it's a shame.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Friday 21st December 2012
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Loach1 said:
fatbutt said:
Give it up Captain C, you're not an expert
I'm surprised at all the negativity. Shouldn't we be discussing how to do it, not how not to do it? There are legal options, but some people just keep referencing ways that it can't be done, which doesn't help the conversation. If they are serious and have the means, they obviously should seek some professional advice. I believe RJDM3 does this for a living.
It doesn't bother me. I probably haven't been clear enough.

If someone can show me a way to *_legally_* bring a TVR in for street use, then I'm all ears. If there is a way to legally do it, there would be a Tuscan Speed Six in my garage. Right now. And probably along with a Sagaris.

I've actually been working with an RI who thinks that, for the Sagaris and T350 we have a good shot at re-petitioning for show and display. Tuscan Speed Six? Bit of a long shot but depends on NHTSAs mood.

I've since found out that a petitioner supposedly tried for numerous models at once, and since the Cerbera was a rather high production model, was told where to go. Trying for a Sagaris on its own might be a possibility. You'd still have EPA to deal with but if the car is EOBD this might be doable.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Friday 21st December 2012
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Adrian@ said:
When I speak to my friend Russ..who has his Tuscan racer in Plymouth, Michigan and has for the last 7 year, I will ask how he did it.
Adrian@
Adrian,

There's an exemption for racing cars on the HS-7 form (google it). If I recall the Feds want proof that its really a true race car. IE: pics of roll cage, fuel cell, etc... I seem to recall that it was for up to 5 years and longer stays required an ok from customs.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Sunday 23rd December 2012
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RJDM3 said:
V8 GRF said:
Why is he separating the Sagaris and T350 from the Tuscan Speed Six? All three are effectively the same car for these purposes as the drive train is (to all intents and purposes) the same?

Edited by V8 GRF on Friday 21st December 09:54
Due to being badly informed by his RI??
Minor differences can make a car approved by NHTSA, look at the MG TF and Skyline R34. The skyline in particular is very much on the government's radar, yet some limited edition of 500 early cars got approved for show and display somehow and two were just imported. The MG TF is ok if it's an LE but the Ultimate Edition Beetles and the final 50 minis weren't allowed.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Sunday 23rd December 2012
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RJDM3 said:
PiB said:
It would seem to me it would be okay? Caterham, Ultima, Roission, Superformance, etc all use chassis that are not conforming but these are totally legal when constructed here - with a pre-build chassis (frame only). At times I've even people use the term "rollers" for partially built cars without engine transmission.
All the chassis and rollers sold by the above companies are built with applicable FMVSS items that are required for a CHASSIS/ROLLER and meet DOT/FMVSS requirements for a roller/chassis. So following the letter of the law they are COMPLETELY LEGAL in every way that the NHTSA/DOT/FMVSS advise for a chassis/roller.

A roller requires very little to be compliant, but does require certain items to be DOT certified as per the FMVSS.

Also just to address your comment on "(Frame only)", most cars are supplied complete minus engine and trans and are pretty much fully built smile
Exactly. The trick is to sell it as a kit car, and brand new as a kit car. This is how you can own a Noble here.

Had TVR done this from day one, I suspect that they would have had a rather healthy market here.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Sunday 23rd December 2012
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fatbutt said:
RJDM3 said:
Thats been on offer for ages and all sorted by ex tvr engineers. And not a single US potential ever bought one. All rollers was fitted with fmvss/dot compliant items, had current year mso, was registered with SAE etc etc and was designed to take LS series engines and tremec trans. But despite all the talk, all the i would buys from many many people, not one single person ever bought...
Bugger. Seriously... bugger. I got so pissed off about not having a TVR and nothing over here being in the least bit interesting, I decided to build something I wanted which has led to me converting my old rolls with an LS3. If I'd have known...
Oh, and of one was available and could be done legally I'd buy one. I never recall seeing any marketing done for one though?

Captain Cadillac

Original Poster:

2,974 posts

187 months

Wednesday 4th September 2013
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FYI,

This might be worth a gander. And yes, I'd love to see the smug grin wiped off of his face, but it is reality frown

http://www.foxnews.com/leisure/2013/08/28/us-custo...

Before someone else comes on here and posts about how they can get a modern TVR in without federalizing it.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Saturday 7th September 2013
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dvs_dave said:
Deliberately misrepresenting and falsifying the identity of a mass produced vehicle is quite a bit different to the kit car/specially constructed vehicle rules though isn't it?
Trouble is, TVR doesn't sell new kit cars. In fact, I don't believe they have ever sold a kit car, not in the modern era anyhow.

Captain Cadillac

Original Poster:

2,974 posts

187 months

Saturday 7th September 2013
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fatbutt said:
Captain Cadillac said:
Trouble is, TVR doesn't sell new kit cars. In fact, I don't believe they have ever sold a kit car, not in the modern era anyhow.
This is the crux of the argument that I keep hearing and I don't understand why its not sinking in. To import as a 'kit car' the supplier needs to be a kit car supplier and that needs to be provable to the EPA & customs. Simply stripping the car down and importing 'as a kit' isn't allowed under the rules.
Exactly.

What I posted is a great example of why you shouldn't illegally import a car and what can happen if you do.

On the bright side, Griffiths will be importable in 3 years and Chimaeras in 4 years.