What you need to know before importing a foreign car to California

[422flat6]

First things first: I am not a lawyer and this is not legal advice. There are several pitfalls that are not immediately obvious to someone who hasn’t done this before and most DMV employees aren’t familiar with the laws regarding importing a classic car and will very likely give you inaccurate or misleading information without meaning to. I’ll try to keep this as short as possible.

These are the laws you must comply with in most situations:
1) Meet US federal (NHTSA) safety regulations, or qualify for an exemption
2) Meet US federal (EPA) emissions regulations, or qualify for an exemption
3) Meet California emissions regulations, or qualify for an exemption

These are the forms you (or your agent/shipper) must present to US Customs in order to cross the border into the US:
a) NHTSA form HS-7, proving you comply with (1)
b) EPA form 3520-1, proving you comply with (2)
c) The original signed vehicle title, not a copy
d) Payment of US federal import tax on the purchase price of the vehicle
e) Proof of date of vehicle manufacture to substantiate (a), only if requested by the customs agent. For a 911, the door jamb sticker should have the date and year of manufacture printed on it.

The easiest way to comply with (1) is for the car to be 25 or more years old. If this is the case, you check box #1 “this vehicle is 25 or more years old” on NHTSA form HS-7 and write the date of manufacture in the blank. This is where the customs agent may ask for proof of that date of manufacture. If the car is not at least 25 years old, you would have to modify the bumpers, lights, seat belts and other safety systems to bring them into compliance with US law and this would be prohibitively expensive.

The easiest way to comply with (2) is for the car to be 21 or more years old and in original unmodified condition. If this is the case, you check box E.

At this point your 25 or more year old car has qualified for both US federal exemptions, the feds are satisfied and you’re allowed to bring it across the border after paying your import tax. Since California law exempts gasoline powered vehicles model year 1975 and older from smog testing, you’re home free right? WRONG!

Next you wait for US customs to mail you your signed and stamped import paperwork proving you imported the car legally and paid your federal tax. This takes about a month. Once you get that paperwork, you take your car to California DMV. It has to be inspected by a DMV agent. They will look the car over and record the VIN and the location and content of any emissions stickers present. This is the same thing they do when you are bringing in a US car from a different state. You take your foreign title, customs paperwork that came in the mail and the completed VIN/sticker inspection sheet up to the DMV clerk. They charge you California tax and then issue you a 3 month temporary operating permit while they forward everything to Sacramento for review because it’s a foreign import. DMV cannot issue hard plates on the spot for foreign imports.

If your car does not have an emissions sticker on it that says it complies with EPA emissions and it is model year 1968 or newer, you get a letter from DMV telling you that you must prove compliance with EPA emissions. BUT WAIT… that can’t be right, my car is over 25 years old and I’m exempt from EPA regulations! Follow closely here, it’s confusing. Your 25 year old car is exempt from EPA regulations as far as the US federal government is concerned. However the state of California has a law that requires all foreign direct-imported cars to comply with EPA emissions no matter how old they are in order to be registered in California, DESPITE THE FACT that once the car is registered it will be forever exempt from smog testing requirements if it’s a model year 1975 or older. Take a moment to ponder the absurdity of that law. The law referenced is California Health & Safety Code Section 43600.

Consider the case of a non-California resident importing a car. He or she only has to qualify for the federal exemptions, and to do so the car simply must be at least 25 years old. That non-California resident can take their foreign title into their state’s DMV and get it registered and a US title issued. Then say that person moves to California. Presumably, California DMV would never know the car wasn’t a US car since it isn’t coming in with a foreign title (i.e. it's not a “direct-import”) and presumably California would allow it to be registered without all of the extra hoops to jump through.

If you are a California resident importing a 1968 or newer foreign car directly to California, you’ll get the emissions letter. It gives you two options to comply with the absurd emissions law.
f) Obtain and submit a letter from the car manufacturer stating the car complies with EPA regulations
g) Take the car to one of only two shops approved by CARB to “convert” the vehicle by adding all kinds of non-stock emissions control devices until it will pass smog

Hopefully this helps anyone who may be considering attempting to do this. At least you’ll know what you’re getting into.

[Quicksilver]

I think that one tidbit you can take away from this is that you should import the car into any other state in the union, register it there, then move it to California...

[ossiblue]

Originally Posted by Quicksilver

I think that one tidbit you can take away from this is that you should import the car into any other state in the union, register it there, then move it to California...

Yep, that's the message^^.

California has the toughest regulations on emissions in the country and the OP points up when and where it applies. He also points out the difference between federal and state regulations--all states must comply with the federal regulations, at a minimum, but may impose stricter ones within their own borders. This is because, naturally, each state has unique factors like geography, climate, population density, and number of vehicles, which affect the degree to which vehicles pollute their air.

Is it absurd that importing directly into California requires one to prove the vehicle meets minimum federal standards by denying the exemption? Not if the intent of the law was to discourage direct imports, which it is. Not if the intent of the law is to insure that every car is, at least, identified as compliant with federal standards that are weaker than California's, which it is. In short, the feds will allow non-emission controlled vehicles into the country through an exemption. California will not, if they are entering through its borders.

Is it absurd that all vehicles in California must comply with emissions standards for their model years, but are no longer tested after 1975 models thus allowing literal stripping of emission controls on these vehicles? Probably. But be careful. California may want to eliminate that absurdity and we all know what that will mean.

[rdwinelover]

I just bought a 1979 in Canada and am bringing it into California in the next few weeks. The car was originally a US / California car and was bought in 1999 and brought into Canada. Now it's coming back home. Might that makes things easier than what is outlined above?

[McLovin]

Originally Posted by 422flat6

However the state of California has a law that requires all foreign direct-imported cars to comply with EPA emissions no matter how old they are in order to be registered in California, DESPITE THE FACT that once the car is registered it will be forever exempt from smog testing requirements if it’s a model year 1975 or older. Take a moment to ponder the absurdity of that law.

It's not really that absurd.

'75 and older isn't exempt from smog rules. It's still illegal to disable, tamper or modify the smog equipment on a pre 76 in California.

It's just exempt from biannual testing.

Cal just wants to be sure a foreign imported car is Cal smog legal when it comes into the state. Otherwise they don't want it to come in.

[ischmitz]

How about motorcycles. I am contemplating importing a 1987 Yamaha 4-stroke bike from Germany. Same rules and exemptions?

[422flat6]

Originally Posted by McLovin

It's not really that absurd.

'75 and older isn't exempt from smog rules. It's still illegal to disable, tamper or modify the smog equipment on a pre 76 in California.

It's just exempt from biannual testing.

Cal just wants to be sure a foreign imported car is Cal smog legal when it comes into the state. Otherwise they don't want it to come in.

That's a good point. I agree. I was on a roll with my explanation and forgot about that distinction.

[422flat6]

Originally Posted by rdwinelover

I just bought a 1979 in Canada and am bringing it into California in the next few weeks. The car was originally a US / California car and was bought in 1999 and brought into Canada. Now it's coming back home. Might that makes things easier than what is outlined above?

Cars that were originally US cars are easier to bring into California. As long as you can prove it was a US delivery car then you're good to go. If the EPA emissions decals are in place DMV will see that when you register in CA and it will be no problem. If they aren't hopefully you can prove it another way.

Originally Posted by ischmitz

How about motorcycles. I am contemplating importing a 1987 Yamaha 4-stroke bike from Germany. Same rules and exemptions?

No, motorcycles are different. Take a look at the forms I linked in the original post. They have some motorcycle-specific information at the federal level. No idea about CA laws for motorcycles.

[ossiblue]

Originally Posted by rdwinelover

I just bought a 1979 in Canada and am bringing it into California in the next few weeks. The car was originally a US / California car and was bought in 1999 and brought into Canada. Now it's coming back home. Might that makes things easier than what is outlined above?

If you look at the first paragraph of the letter sent to the OP you'll see that the 1968 and later requirement for proof only applies to vehicles that were not manufactured for sale in the U.S. Your car was not only original to the U.S., but original to California. If all stickers are present and all equipment still intact, you should only have to pass the smog test to get registered. If you also have records of previous registrations in Cal, that should ease things along with the DMV as well.

[ischmitz]

Originally Posted by 422flat6

No, motorcycles are different. Take a look at the forms I linked in the original post. They have some motorcycle-specific information at the federal level. No idea about CA laws for motorcycles.

I looked at the NHTSA and EPA forms. It seems to be the same if it's older than 25 years. Maybe the tax rate is higher.

[ossiblue]

Originally Posted by ischmitz

I looked at the NHTSA and EPA forms. It seems to be the same if it's older than 25 years. Maybe the tax rate is higher.

From this site: Direct Import Vehicles 1975 or Newer Into California | Vehicle Import and Car Importing FAQ

"Motorcycles and heavy-duty engines (used in trucks and buses) are required to comply with CA or USEPA from the date of manufacturer, no after-the-fact modification is permitted for products first sold outside the US market."

I would take that to mean that your MC will have to be tested and meet the CA or US emission standards set for it the year it was built, regardless of its age. Further, you cannot do any mods to get it to comply.

Anyone else see it differently?

[H-viken]

Originally Posted by ossiblue

If you look at the first paragraph of the letter sent to the OP you'll see that the 1968 and later requirement for proof only applies to vehicles that were not manufactured for sale in the U.S. Your car was not only original to the U.S., but original to California. If all stickers are present and all equipment still intact, you should only have to pass the smog test to get registered. If you also have records of previous registrations in Cal, that should ease things along with the DMV as well.

I'm in a similar situation; A while back I bought a 1970 911E as a rolling chassis and a 3L SC engine on carbs is about to go in it (the car is still in Sweden). The car originally comes from California and I have the CA pink-slip (although US Customs has stamped it with "Exported").

1. Would I have any issues re-registering it in California?

2. Would it have to pass smog inspection before getting it registered?

Johan

[osnovikov]

Please correct me if I am wrong, if I import the car to California, and get a title only and then sell the car to a resident of another state, where he can register it, does he have to move to California first and register the car, and sell it to me? Are their any other ways?

Say if I have second home in another state, I could I get a drivers license and register it to myself there and then bring it back in a year? Does that qualify? Any other possibilities?

[atg]

Originally Posted by Quicksilver

I think that one tidbit you can take away from this is that you should import the car into any other state in the union, register it there, then move it to California...

Sorry but this is not the takeaway. Any car manufactured for sale outside the US will have a VIN that is not in the CA DMV database. You can register it in whatever state you want, but when you bring it here, the DMV will send you to the highway patrol for VIN verification, and if the motor is swapped, they will figure that out and send you to the CARB referee, who will send you to GNK to test the car and modify it until it meets CA emissions.

The take home is that if you are going to register a car in CA with an engine swap, then use a chassis from a car already registered in CA that is old enough to be smog exempt. For diesel cars, this can be fairly recent, up to the late 90s I believe. Do not try to import a car not originally sold in the US into California if the motor has been swapped, unless you are prepared to pay at least 10k to bring it into current emissions compliance for the year of import. Typically, the only cars worth doing this to are higher end models where this cost is only a small percentage of the car's value. For diesels, this is Land Rovers and Gwagens with diesel motors originally sold abroad. GNK has about 60 of them waiting to be brought into compliance at their shop as I write this.