Shear Speedster

REGULATIONS - STATE, FEDERAL, EXPORT 

 

Custom-Built Cars

If you have a custom-built vehicle in Washington, you will need to first apply for a vehicle identification number (VIN) before you can register it. Schedule an appointment with the Washington State Patrol. You will need to bring some documents with you to the inspection:

  • Bills of sale for all major components of the vehicle.
  • A letter from the WA DOL explaining why you need an inspection.

There may be additional documents required depending on your situation. Visit the WA State Patrol website for more information.

Once you have a VIN assigned to your custom vehicle, follow the steps on our Washington Car Registration page to register your car. You'll need to bring your VIN inspection certificate with you to the WA DOL.

 KIT VEHICLE – RCWs 46A.37.519, 46.04.251 A Kit vehicle means a passenger car or light truck assembled from a manufactured kit, and is either a kit consisting of a prefabricated body and chassis used to construct a complete vehicle, or a kit consisting of a prefabricated body to be mounted on an existing vehicle chassis and drive train, commonly referred to as a donor vehicle. "Kit vehicle" does not include a vehicle that has been assembled by a manufacturer.

 STREET ROD / CUSTOM VEHICLE CHECK LIST (for road use) STREET ROD – RCW 46.04.572 “Street rod vehicle" means a motor vehicle that: (1) Is a 1948 or older vehicle or the vehicle was manufactured after 1948 to resemble a vehicle manufactured before 1949; and (2) Has alterations to one or more of the major component parts listed in RCW 46.80.010 that change the appearance or performance of the vehicle from the original manufacturer's design or has a body constructed from non original materials CUSTOM VEHICLE – RCW 46.04.161 “Custom vehicle" means a motor vehicle that: (1) Is at least thirty years old and of a model year after 1948 or was manufactured to resemble a vehicle at least thirty years old and of a model year after 1948; and (2) Has alterations to one or more of the major component parts listed in RCW 46.80.010 that change the appearance or performance of the vehicle from the original manufacturer's design or has a body constructed from non original materials.

 

Washington

To start with one needs to visit the DOL website:

Vehicle Registration website

Vehicle Dealer and Manufacturer Manual

When building a hotrod or replica car I have found it vital to keep a file with all of the receipts for materials and parts as well as any titles of parts cars that may have been purchased. When substantially complete the car must be taken to a State Patrol inspection station and if the paperwork is in order then a new title can be issued. Note in Washington State ownership (having title) does not mean the car can be driven as the State has a provision for title purposes only. Emissions is a separate agency and has its own set of rules.

When a person starts collecting parts for a project that will need to be titled start a book on it. A three ring binder with page savers works well. Save each receipt no matter how insignificant you feel it is. documentation of major parts is especially important. If the engine, trans and rear axle came from a donor car, include paperwork that shows you purchased or owned the donor. The bill of sale for the donor or a photo copy of the title. A written and photo log of the build in the book is a good idea too.

It should also be noted that Washington will not issue you a title for a fabricated vehicle (car, motorcycle, vintage travel trailer, etc) for three years. You will receive a "registration only". After the three years have passed, provided that no one has laid claim to the VIN of your vehicle, you may apply for the title.

 

 HOMEMADE VEHICLES CHECK LIST (for road use) PASSENGER VEHICLE – RCW 46.04.382 “Passenger car” means every motor vehicle except motorcycle’s and motor-driven cycles, designed for carrying ten passengers or less and used for transportation of persons. EQUIPMENT REQUIREMENTS – 49 CFR part 571; RCW 46.37; and WACs 204-10, 204-21 AIR BAGS 49 CFR 571.208; RCW 46.37.640-660 BRAKES 49 CFR 571.105-106, 116; RCW 46.37.340, 351, 360, 365; WAC 204-10-032 BUMPERS RCW 46.37.513, 517; WAC 204-10-022 WINDSHIELD/DEFROSTER/WASHING SYSTEM 49 CFR 571.103, 104; RCW 46.37.410; WAC 204.10.024, 022 DEFROSTER SYSTEM IF ENCLOSED 49 CFR 571.103; RCW 46.37.410; WAC 204-10-022 DOOR AND DOOR LATCHES 49 CFR 571.206; RCW 46.37.517; WAC 204-10-022 EMERGENCY BRAKE 49 CFR 571.114; RCW 46.37.340, 351 FENDER/SPLASH APRON RCW 46.37.500; WAC 204-10-022 HEADLIGHTS 49 CFR 571.108; RCW 46.37.040, 030; WAC 204-21-040 TAIL LAMPS 49 CFR 571.108; RCW 46.37.050; WAC 204.21.030 LICENSE PLATES RCW 46.16A.200(5)(a), 46.37.050(3) REAR REFLECTORS 49 CFR 571.108; RCW 46.37.060, 100, 110 STOP LAMP 49 CFR 571.108; RCW 46.37.070, 46.37.200 TURN SIGNALS 49 CFR 571.108; RCW 46.37.070, 46.37.200; WAC 204.21.060 CLEARANCE/SIDE MARKER LAMPS/REFLECTORS 49 CFR 571.108; RCW 46.37.090, 100, 110-120; WAC 204.21.050 HOOD & HOOD LATCH 49 CFR 571.113; RCW 46.37.517; WAC 204-10-022 FRAME WAC 204.10.022

 ASSEMBLED VEHICLE • WAC 308-56A-455 Assembled vehicles. An assembled vehicle is a vehicle that: (a) Has had the complete body or frame replaced with the body or frame from another commercially manufactured vehicle; or (b) Had the body or frame cut in two and replaced with a major portion of the body or frame from another vehicle; or (c) Has had a major modification so that the VIN no longer properly describes the vehicle; or (d) Is a motorcycle on which the frame and engine are of different make or model years. An assembled vehicle is made from parts produced by recognized manufacturers for commercially produced vehicles, and can be recognized as one produced by a particular manufacturer. Assembled vehicles do not include glider kits, custom built, replica, kit vehicles, or trucks installed with a different bed. • RCW 46.12.560(4)(A) - Authorizes Washington State Patrol to inspect assembled vehicles for licensing purposes WHAT TO EXPECT AT TIME OF INSPECTION: APPOINTMENTS ARE REQUIRED FOR ALL INSPECTIONS. All major component parts used to construct an Assembled Vehicle will be verified by the VIN officer. Documentation must be presented at the time of inspection to show legal ownership of the vehicle/parts used. The VIN officer will inspect the assembled vehicle to determine if it meets the equipment requirements of WAC Title 204, and/or RCW Title 46 to be road legal. Your vehicle will not pass inspection if any major component part is damaged, inoperable, and/or missing, to include the vehicle airbag system (meaning-any deployed or missing airbag must be replaced and the airbag indicator light on the dash must be working properly). Your vehicle will not be assigned the appropriate Vehicle Identification Number (VIN) until it complies with all of the equipment requirements. You will have to return for a final inspection. RCW 46.80.010 "Major component part" includes at least each of the following vehicle parts: (a) Engines and short blocks; (b) frame; (c) transmission and/or transfer case; (d) cab; (e) door; (f) front or rear differential; (g) front or rear clip; (h) quarter panel; (i) truck bed or box; (j) seat; (k) hood; (l) bumper; (m) fender; and (n) airbag.) DOCUMENTATION REQUIRED AT TIME OF INSPECTION: WAC 308-56a-265 • Documents presented at time of inspection must be original (meaning- being the first form or occurrence of something). Faxes or copies will not be accepted. • Bills of sale from private parties presented at time of inspection must be notarized (meaning- to certify a signature on a legal document by affixing a notary's stamp and signature verifying the identity of the seller signing the document) • All receipts/invoices for major component parts must be made out to you the vehicle owner, your immediate family member, or the body shop that repaired the salvage vehicle. Major component parts purchased from a third party require a notarized bill of sale from the original purchaser to you, and the original parts receipt, or, in the case of a licensed business, a letterhead statement of transfer to you, and the original parts receipts. • Any parts purchased from a licensed business must be presented with an ORIGINAL sales receipt/invoice. The receipt/invoice must show the name and address of the business, a description of the parts sold, the date of sale, and the purchase price. • Any parts purchased from a licensed vehicle wrecker must be presented with an original sales receipt/invoice to include the wrecking yard name and address, a description of the parts sold, the date of sale, the amount of sale, and the stock number and/or VIN of the vehicle the parts came from. • Any vehicle/parts purchased/given/traded from a private party must be presented with a signed and released title to the vehicle the parts came off of, or a notarized bill of sale. The notarized bill of sale/gift/trade must include the name, address, phone number of the seller and purchaser, a description of the parts sold, the vehicle information the parts came off of, to include year, make, model, VIN, the date of sale, and the purchase price. • Internet/Electronic receipts will ONLY be accepted for NEW AFTERMARKET MAJOR COMPONENTS when the internet/electronic receipt is accompanied by an original packing slip/shipping invoice. You must print out a copy of the internet/electronic receipt to present to the VIN Officer at time of inspection. The printed internet/electronic receipt must include the business name, address, phone number, date of purchase, description of part, purchase price, and tax paid if any. • Weight slip from a certified scale for the completed vehicle RCW 46.12.560(3)-If you are unable to provide an acceptable release of interest or proof of ownership for the vehicle or major component parts as described above an inspection will be completed for ownership-in-doubt purposes as described in RCW 46.12.680 and WAC 308-56A-210. Ownershipin-doubt means applying for a three year registration without title; after three years a Washington title can be requested. Please refer to the WSP website ( http://www.wsp.wa.gov/traveler/vinspect.htm ) for further information or call your local VIN Officer if you have any questions and to set up an appointment for inspection.

 

 HOMEMADE MOTOR VEHICLES • WAC 204-10-014(6)"Motor vehicle" means passenger vehicles, multipurpose passenger vehicles, motorcycles, trucks and buses which are intended for use on public highways • RCW 46.04.320 “Motor vehicle" means every vehicle that is self-propelled. "Motor vehicle" includes a neighborhood electric vehicle as defined in RCW 46.04.357. "Motor vehicle" includes a medium-speed electric vehicle as defined in RCW 46.04.295. An electric personal assistive mobility device is not considered a motor vehicle. A power wheelchair is not considered a motor vehicle. A golf cart is not considered a motor vehicle, except for the purposes of chapter 46.61 RCW. • RCW 46.12.560(4)(A) - Authorizes Washington State Patrol to inspect homemade vehicles for licensing purposes WHAT TO EXPECT AT TIME OF INSPECTION: APPOINTMENTS ARE REQUIRED FOR ALL INSPECTIONS. All major component parts used to construct a Homemade Vehicle will be verified by the VIN officer. Documentation must be presented at the time of inspection to show legal ownership of the vehicle/parts used. The VIN officer will inspect the homemade vehicle to determine if it meets the equipment requirements of WAC Title 204, and/or RCW Title 46 to be road legal. Your vehicle will not pass inspection and will not be assigned a Washington State Vehicle Identification Number (VIN) until it complies with all of the equipment requirements. You will have to return for a final inspection. • RCW 46.80.010 "Major component part" includes at least each of the following vehicle parts: (a) Engines and short blocks; (b) frame; (c) transmission and/or transfer case; (d) cab; (e) door; (f) front or rear differential; (g) front or rear clip; (h) quarter panel; (i) truck bed or box; (j) seat; (k) hood; (l) bumper; (m) fender; and (n) airbag.) DOCUMENTATION REQUIRED AT TIME OF INSPECTION: WAC 308-56a-265 • Documents presented at time of inspection must be original (meaning- being the first form or occurrence of something). Faxes or copies will not be accepted. • Bills of sale from private parties presented at time of inspection must be notarized (meaning- to certify a signature on a legal document by affixing a notary's stamp and signature verifying the identity of the seller signing the document) • All receipts/invoices for major component parts must be made out to you the vehicle owner, your immediate family member, or the body shop that repaired the salvage vehicle. Major component parts purchased from a third party require a notarized bill of sale from the original purchaser to you, and the original parts receipt, or, in the case of a licensed business, a letterhead statement of transfer to you, and the original parts receipts. • Any parts purchased from a licensed business must be presented with an ORIGINAL sales receipt/invoice. The receipt/invoice must show the name and address of the business, a description of the parts sold, the date of sale, and the purchase price. • Any parts purchased from a licensed vehicle wrecker must be presented with an original sales receipt/invoice to include the wrecking yard name and address, a description of the parts sold, the date of sale, the amount of sale, and the stock number and/or VIN of the vehicle the parts came from. • Any vehicle/parts purchased/given/traded from a private party must be presented with a signed and released title to the vehicle the parts came off of, or a notarized bill of sale. The notarized bill of sale/gift/trade must include the name, address, phone number of the seller and purchaser, a description of the parts sold, the vehicle information the parts came off of, to include year, make, model, VIN, the date of sale, and the purchase price. • Internet/Electronic receipts will ONLY be accepted for NEW AFTERMARKET MAJOR COMPONENTS when the internet/electronic receipt is accompanied by an original packing slip/shipping invoice. You must print out a copy of the internet/electronic receipt to present to the VIN Officer at time of inspection. The printed internet/electronic receipt must include the business name, address, phone number, date of purchase, description of part, purchase price, and tax paid if any. • Weight slip from a certified scale for the completed vehicle • If you purchase a completed homemade vehicle, you need to present a notarized bill of sale/gift/trade from the person you purchased the completed homemade vehicle from along with all of their original parts documentation as required above. (All documents must meet the requirements listed above under DOCUMENTATION REQUIRED AT TIME OF INSPECTION) RCW 46.12.560(3)-If you are unable to provide an acceptable release of interest or proof of ownership for the vehicle or major component parts as described above an inspection will be completed for ownership-in-doubt purposes as described in RCW 46.12.680 and WAC 308-56A-210. Ownership-in-doubt means applying for a three year registration without title; after three years a Washington title can be requested. Please refer to the WSP website ( http://www.wsp.wa.gov/traveler/vinspect.htm ) for further information or call your local VIN Officer if you have any questions and to set up an appointment for inspection.

 

 STREET ROD/CUSTOM VEHICLES • RCW 46.04.572 "Street rod vehicle" means a motor vehicle that: (1) Is a 1948 or older vehicle or the vehicle was manufactured after 1948 to resemble a vehicle manufactured before 1949; and (2) Has alterations to one or more of the major component parts listed in RCW 46.80.010 that change the appearance or performance of the vehicle from the original manufacturer's design or has a body constructed from non original materials. • RCW 46.04.161 "Custom vehicle" means any motor vehicle that: (1) Is at least thirty years old and of a model year after 1948 or was manufactured to resemble a vehicle at least thirty years old and of a model year after 1948; and (2) Has alterations to one or more of the major component parts listed in RCW 46.80.010 that change the appearance or performance of the vehicle from the original manufacturer's design or has a body constructed from non original materials • RCW 46.12.560(4)(A) - Authorizes Washington State Patrol to inspect homemade vehicles for licensing purposes WHAT TO EXPECT AT TIME OF INSPECTION: APPOINTMENTS ARE REQUIRED FOR ALL INSPECTIONS. All major component parts used to construct a street rod/custom vehicle will be verified by the VIN officer. Documentation must be presented at the time of inspection to show legal ownership of the vehicle/parts used. The VIN officer will inspect the street rod/custom vehicle to determine if it meets the equipment requirements of WAC Title 204, and/or RCW Title 46 to be road legal. Your vehicle will not pass inspection and will not be assigned a Washington State Vehicle Identification Number (VIN) until it complies with all of the equipment requirements. You will have to return for a final inspection. Reference RCW 46.37.500; 46.37.518; and 46.37.5185 for equipment exemptions for street rod/custom vehicle • RCW 46.80.010 "Major component part" includes at least each of the following vehicle parts: (a) Engines and short blocks; (b) frame; (c) transmission and/or transfer case; (d) cab; (e) door; (f) front or rear differential; (g) front or rear clip; (h) quarter panel; (i) truck bed or box; (j) seat; (k) hood; (l) bumper; (m) fender; and (n) airbag.) DOCUMENTATION REQUIRED AT TIME OF INSPECTION: WAC 308-56a-265 • Documents presented at time of inspection must be original (meaning- being the first form or occurrence of something). Faxes or copies will not be accepted. • Bills of sale from private parties presented at time of inspection must be notarized (meaning- to certify a signature on a legal document by affixing a notary's stamp and signature verifying the identity of the seller signing the document) • All receipts/invoices for major component parts must be made out to you the vehicle owner, your immediate family member, or the body shop that repaired the salvage vehicle. Major component parts purchased from a third party require a notarized bill of sale from the original purchaser to you, and the original parts receipt, or, in the case of a licensed business, a letterhead statement of transfer to you, and the original parts receipts. • Any parts purchased from a licensed business must be presented with an ORIGINAL sales receipt/invoice. The receipt/invoice must show the name and address of the business, a description of the parts sold, the date of sale, and the purchase price. • Any parts purchased from a licensed vehicle wrecker must be presented with an original sales receipt/invoice to include the wrecking yard name and address, a description of the parts sold, the date of sale, the amount of sale, and the stock number and/or VIN of the vehicle the parts came from. • Any vehicle/parts purchased/given/traded from a private party must be presented with a signed and released title to the vehicle the parts came off of, or a notarized bill of sale. The notarized bill of sale/gift/trade must include the name, address, phone number of the seller and purchaser, a description of the parts sold, the vehicle information the parts came off of, to include year, make, model, VIN, the date of sale, and the purchase price. • Internet/Electronic receipts will ONLY be accepted for NEW AFTERMARKET MAJOR COMPONENTS when the internet/electronic receipt is accompanied by an original packing slip/shipping invoice. You must print out a copy of the internet/electronic receipt to present to the VIN Officer at time of inspection. The printed internet/electronic receipt must include the business name, address, phone number, date of purchase, description of part, purchase price, and tax paid if any. • Weight slip from a certified scale for the completed vehicle • If you purchase a completed Street Rod or Custom vehicle, you need to present a notarized bill of sale/gift/trade from the person you purchased the completed street rod or custom vehicle from along with all of their original parts documentation as required above. (All documents must meet the requirements listed above under DOCUMENTATION REQUIRED AT TIME OF INSPECTION) RCW 46.12.560(3)-If you are unable to provide an acceptable release of interest or proof of ownership for the vehicle or major component parts as described above an inspection will be completed for ownership-in-doubt purposes as described in RCW 46.12.680 and WAC 308-56A-210. Ownership-in-doubt means applying for a three year registration without title; after three years a Washington title can be requested. Please refer to the WSP website ( http://www.wsp.wa.gov/traveler/vinspect.htm ) for further information or call your local VIN Officer if you have any questions and to set up an appointment for inspection.

 

 

What about registration - how can I be sure my specially constructed car can be successfully registered when it initially gets delivered and in the future ?

The days of using old titles and defeating emission systems are gone !

The days of using JDM engines and off road use only drive trains are gone !

     We get a lot of questions about legal registration of specially constructed automobiles of all types.  These are legitimate concerns that will only become more strict in the future.

    There are a lot of industry opinions and slight of hand methods exchanged, but fortunately there is a Federal EPA policy explicitly published for the registration of kit cars, street rods, specially constructed cars, and similar products.

     Recently California paved the road in eliminating the past processes of disguising a specially constructed vehicle by using an old VW title or abandoned junkyard title for a similarly described specially constructed car.  In fact CA is offering amnesty during the 2010 year for any who have registered in this manner in the past.  All that is required is to properly register the car and pay the back taxes that were avoided.  Use of SB100 is the proper registration method.

    There are quite a few notable examples of fines and penalties handed down to those who have participate in that process.  At least 21 states have adopted CA regulations for emission controls and legal registrations.

    EPA makes it very clear as to what are the requirements for specially constructed  vehicles.

   

    The principle federal regulation controlling this issue is the published EPA policy which addresses the Federal Clean Air Act emissions requirements. 

   Each State, city, or community might have additional emissions requirements, and almost always has basic safety requirements.  These safety requirements are common sense issues that no automobile builder should avoid anyhow so they seldom present a problem.

    It is the ultimate responsibility of the automobile assembler to address and incorporate the requirements, but it is the burden of the purchaser to pass the car through the local registration process.

Unfortunately those vehicles which have slipped through the crack in the past can be reevaluated upon resale and registration to a second owner or even a registration update of an existing owner.  We feel that getting the cars registered legally and correctly at first is paramount.

The EPA policy as defined is clear and provides a successful path for registration; however, each builder and purchaser of a specially constructed car must interpret and apply this requirement at his own risk.

 


"CLICK"  READ THE CONDENSED VERSION FIRST

 

Here is what the formal EPA regulation says: 

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

       

EPA Kit Car Policy

(key elements have been highlighted in blue)

July 8, 1994 - 
Previous versions are obsolete

The following represents a clarification of EPA's policy concerning the regulation of imported and domestically produced kit cars and kit car packages. Kit vehicles are understood by EPA to typically involve new bodies, used drive trains and new or used chassis. Used components may or may not be refurbished. This policy applies to kits or assembled kit cars only. This policy does not apply to regular production vehicles offered for importation into or produced in the United States.

  1. Fully-assembled kit cars are "motor vehicles" under the Clean Air Act. Complete kit car packages are also "motor vehicles" under the Clean Air Act. These are packages which contain all of the major components needed for assembly (i.e., body, chassis, engine and transmission). As "motor vehicles" they are subject to all applicable emission regulations. If an assembled kit car or complete kit car package is offered for importation and the kit is not covered by an EPA certificate of conformity issued to an original equipment manufacturer, an EPA Form No. 3520-1 must be filed at the port of entry and the vehicle must be imported by an Independent Commercial Importer (ICI) eligible to import such vehicles or kits. The ICI then must ensure that the vehicle or kit complies with all applicable emission requirements. 
     
  2. An assembled kit car or complete kit car package which meets the following guidelines will be considered to be a rebuilt vehicle of a previously certified configuration and will be considered to be covered by that configuration's original EPA certificate of conformity. 
     
    1. The components of the drive train (engine, transmission, differential) must be exclusively or substantially used and/or rebuilt. Regardless of the combination of new and used components, the engine must be used or used and rebuilt. The engine block and cylinder head (s) must be used, other components of the engine may be new. "Used" means the component has been in a vehicle that has been titled to an ultimate purchaser.A rebuilt component is defined as a used component which has been refurbished with new or other used parts. 
       
    2. All emission-related components and settings must conform in all material respects to those of one previously certified configuration. Therefore, all part numbers for the emission-related components of a fully assembled kit vehicle or complete kit car package must match or be traceable to the numbers specified in the application for certification of a previously certified configuration. 
       
    3. Consistent with EPA Advisory Circular (AC) 64, which deals with modifications performed before sale to the ultimate purchaser, the vehicle weight of the kit configuration can be no more than 500 pounds greater than the weight of the originally certified configuration. 
       
    4. All catalytic converters, oxygen sensors, and charcoal canisters must be new, original equipment parts. 
       
    5. Kit vehicles must: (1) have the same transmission configuration (i.e., manual, automatic, semi-automatic, number of forward gears, and shift calibration) as the originally certified configuration; and (2) consistent with AC 17F, have an N/V ratio (speed of vehicle in miles per hour/speed of engine in revolutions per minute) which matches the N/V ratio of the originally certified configuration within three (3) percent in every gear.*
      • *The Agency would consider minor variations to these limitations upon an appropriate demonstration that the altered configuration will meet Federal emission requirements. 
         
    6. Each vehicle and its accompanying documentation must be clearly labeled as to the make, model year, engine family, subfamily, and tune-up specifications represented by the originally certified vehicle.
       
    7. If the originally certified configuration required unleaded fuel, then the vehicles must have fuel filler neck restrictors and unleaded fuel labels which meet the requirements of 40 CFR 80.24. 
       
  3. The production, sale and importation of automotive bodies alone (i.e., no chassis, engine or transmission) are not regulated by EPA since such units are not considered "motor vehicles" under the Clean Air Act. EPA form 3520-1 is not required for imported automotive bodies. A motor vehicle from which the engine has been removed is still a motor vehicle and is not considered a body.
     
  4. 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.
       
  5. "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. In these situations the kit car body/chassis combination must be certified by the manufacturer, must be in a configuration which was previously certified by EPA subject to the guidelines discussed at "2" above or, in the case of an importation, an EPA form 3520-1 must be filed at the port of entry and the vehicle imported by an eligible ICI who must ensure that the kit car body/chassis complies with all applicable emission requirements. At the present time, there are no ICIs eligible to import kit cars. 
     
  6. Except with regard to kit vehicles meeting the guidelines at "2" above; an individual or firm that assembles kits for hire or resale, that produces assembled kit cars for resale or that produces complete kit car packages for resale will be considered to be a manufacturer of new motor vehicles under the Clean Air Act. Such manufacturers and their vehicles are subject to all applicable regulations under the Act including civil penalties of up to $25,000 per vehicle for each new motor vehicle distributed in commerce, sold, offered for sale, or introduced, or delivered for introduction, into commerce, unless such vehicle is covered by a certificate of conformity issued by EPA.
KIT CAR POLICY SUPPLEMENT

The supplement contains definitions from the Clean Air Act and justification used to derive the position of the Kit car Policy.

Section 216 (1) defines a "manufacturer" as."any person engaged in the manufacturing or assembling of new motor vehicles or new motor vehicle engines, or importing such vehicle or engines for resale."

Section 216 (2) defines a "motor vehicle" as ."any self-propelled vehicle designed for transporting persons or property on a street or highway."

Section 216 (3) defines a "new motor vehicle" as..."a motor vehicle the equitable or legal title to which has never been transferred to the ultimate purchaser."

Section 216 (5) defines a "ultimate purchaser" as."the first person who in good faith purchases such new motor vehicle or new engine for purposes other than resale".

Section 203(a)(1) prohibits:."in the case of a manufacturer of new motor vehicles...the sale, or offering for sale, or the introduction,.into commerce..any new motor vehicle...unless such vehicle.is covered by a certificate of conformity.."

Section 205 states.."any person who violates Section 203(a)(1)..shall be subject to a civil penalty of not more than $25,000...Any such violation...shall constitute a separate offense.."


 

Here is what EPA says about engine switching and engine alteration

http://www.epa.gov/compliance/resources/policies/civil/caa/mobile/engswitch.pdf   

 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
March 13, 1991
OFFICE OF AIR AND RADIATION


Pursuant to frequent requests for information received by the U.S. Environmental Protection Agency
(EPA) regarding the legality and effects of engine switching, this document will summarize federal law
and policy pertaining to this matter, and will discuss other related issues.

A. Federal Law

The federal tampering prohibition is contained in section 203(a)(3) of the Clean Air Act (Act), 42
U.S.C. 7522(a)(3). Section 203(a)(3)(A) of the Act prohibits any person from removing or rendering
inoperative any emission control device or element of design installed on or in a motor vehicle or motor
vehicle engine prior to its sale and delivery to an ultimate purchaser and prohibits any person from
knowingly removing or rendering inoperative any such device or element of design after such sale and
delivery, and the causing thereof. The maximum civil penalty for a violation of this section by a
manufacturer or dealer is $25,000; for any other person, $2,500. Section 203(a)(3)(B) of the Act
prohibits any person from manufacturing or selling, or offering to sell, or installing, any part or
component intended for use with, or as part of, any motor vehicle or motor vehicle engine where a
principal effect of the part or component is to bypass, defeat, or render inoperative any device or
element of design installed on or in a motor vehicle or motor vehicle engine,
 and where the person
knows or should know that such part or component is being offered for sale or is being installed for
such use. The maximum civil penalty for a violation of this section is $2,500.


EPA received many questions regarding the application of this law to a situation where one engine is
removed from a vehicle and another engine is installed in its place. EPA's policy regarding "engine
switching" is covered under the provisions of Mobile Source Enforcement Memorandum No. lA
(Attachment 1). This policy states that EPA will not consider any modification to a "certified
configuration" to be a violation of federal law if there is a reasonable basis for knowing that emissions are not adversely affected. In many cases, proper emission testing according to the Federal Test Procedure would be necessary to make this determination.

A "certified configuration" is an engine or engine chassis design which has been "certified" (approved) by EPA prior to the production of vehicles with that design. Generally, the manufacturer submits an application for certification of the designs of each engine or vehicle it proposes to manufacture prior to production. The application includes design requirements for all emission related parts, engine calibrations, and other design parameters for each different type of engine (in heavy-duty vehicles), or engine chassis combination (in light-duty vehicles). EPA then "certifies" each acceptable design for use, in vehicles of the upcoming model year.

For light-duty vehicles, installation of a light-duty engine into a different light-duty vehicle by any
person would be considered tampering unless the resulting vehicle is identical (with regard to all
emission related parts, engine design parameters, and engine calibrations) to a certified configuration of
the same or newer model year as the vehicle chassis, or if there is a reasonable basis for knowing that
emissions are not adversely affected as described in Memo 1A. The appropriate source for technical
information regarding the certified configuration of a vehicle of a particular model year is the vehicle
manufacturer.

For heavy-duty vehicles, the resulting vehicle must contain a heavy-duty engine which is identical to a
certified configuration of a heavy-duty engine of the same model year or newer as the year of the
installed engine. Under no circumstances, however, may a heavy-duty engine ever be installed in a
light-duty vehicle.

The most common engine replacement involves replacing a gasoline engine in a light-duty vehicle with
another gasoline engine. Another type of engine switching which commonly occurs, however, involves
diesel powered vehicles where the diesel engine is removed and replaced with a gasoline engine.
Applying the above policy, such a replacement is legal only if the resulting engine-chassis configuration
is equivalent to a certified configuration of the same model year or newer as the chassis. If the vehicle
chassis in question has been certified with gasoline, as well as diesel engines (as is common), such a
conversion could be done legally.

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.

It should be noted that while EPA's policy allows engine switches as long as the resulting vehicle
matches exactly to any certified configuration of the same or newer model year as the chassis, there are
some substantial practical limitations to performing such a replacement. Vehicle chassis and engine
designs of one vehicle manufacturer are very distinct from those of another, such that it is generally not
possible to put an engine into a chassis of a different manufacturer and have it match up to a certified
configuration. Therefore, practical considerations will generally limit engine switches to installation of
another engine which was certified to be used in that same make and model (or a "twin" of that make
and model, e.g., Pontiac Grand Am and Oldsmobile Calais). In addition, converting a vehicle into a
different certified configuration is likely to be very difficult, and the cost may prove prohibitive.

B. State Laws

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