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10-29-2010, 09:00 PM
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Senior Club Cobra Member
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Join Date: Feb 2007
Cobra Make, Engine: KMP 539, a Ton of Aluminum
Posts: 9,592
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Not Ranked
Quote:
Originally Posted by Got the Bug
Just my humble opinion, but I wouldn't give any weight to statements or advice that the DMV provides. Most offices aren't well versed in SB100, a program that is almost 10 years old. Again, there is absolutely no reason not take any car through the SB100 process.
Play at your own risk, but understand that the DMV won't be standing there to support you when you need them.
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JMHO, but if you read all his posts, you would have seen him mention that the CA legislature is/was trying to close that loophole. So as Doug says, tread carefully. In terms of vehicle titles, there are no grandfathering provisions. If they decide some where along the line to change the rules, then the "full faith and credit" provision that allowed you register your SPCNS in 2010, may not be any help to you in the future.
However, I'm no expert. 
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10-29-2010, 09:05 PM
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Full Blown Member
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Join Date: Sep 2008
Cobra Make, Engine: KMP 427 S/C, Twin Paxton 511 FE
Posts: 2,594
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Not Ranked
WRONG Rodknock!
If you walked through SB-100, then you ARE an expert.  We all managed in spite of the experts at the DMV.
rodneym
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10-29-2010, 09:46 PM
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Senior Club Cobra Member
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Join Date: Mar 2002
Location: God's country,
ME
Cobra Make, Engine: Original ERA 427sc, Powered by Gessford
Posts: 2,678
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Not Ranked
As I've said numerous times in the middle of Morgester's threads, if the car is legally titled in another state as a 196x, then CA has to honor that designation. CA can't change that "loophole"; it is what the U.S. and CA Constitutions require. Today, there are many states that have adopted the SEMA model legislation and will allow you to legally title a kit car according to the model of the year the kit car replicates. If the car is coming from one of the states that have adopted SEMA legislation or otherwise allow you to legally title a kit car as a 196x, then you should have no problems; your title is legal, no fraud is involved and full faith and credit requires that CA honor it. 'Nuf said. But, as always, caveat emptor. As a buyer, you need to ask the questions and know how the car was titled/registered in the state it is coming from.
__________________
Replica is not a dirty word.
"If you can't be a good example, then you'll just have to be a horrible warning."
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10-29-2010, 11:18 PM
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Senior Club Cobra Member
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Join Date: Feb 2007
Cobra Make, Engine: KMP 539, a Ton of Aluminum
Posts: 9,592
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Not Ranked
Quote:
Originally Posted by Chaplin
As I've said numerous times in the middle of Morgester's threads, if the car is legally titled in another state as a 196x, then CA has to honor that designation. CA can't change that "loophole"; it is what the U.S. and CA Constitutions require. Today, there are many states that have adopted the SEMA model legislation and will allow you to legally title a kit car according to the model of the year the kit car replicates. If the car is coming from one of the states that have adopted SEMA legislation or otherwise allow you to legally title a kit car as a 196x, then you should have no problems; your title is legal, no fraud is involved and full faith and credit requires that CA honor it. 'Nuf said. But, as always, caveat emptor. As a buyer, you need to ask the questions and know how the car was titled/registered in the state it is coming from.
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I'm not a constitutional lawyer, but states can regulate emissions from vehicles. CA makes them tougher all the time by tightening green house emissions. They also change the gas formulation a lot too.
CARB and how it regulates emissions may close the loophole for you, no matter what the title says for model year.
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10-30-2010, 01:57 PM
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Senior Club Cobra Member
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Join Date: Mar 2002
Location: God's country,
ME
Cobra Make, Engine: Original ERA 427sc, Powered by Gessford
Posts: 2,678
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Not Ranked
Quote:
Originally Posted by RodKnock
I'm not a constitutional lawyer, but states can regulate emissions from vehicles. CA makes them tougher all the time by tightening green house emissions. They also change the gas formulation a lot too.
CARB and how it regulates emissions may close the loophole for you, no matter what the title says for model year.
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That's true. CA could change their emissions laws and make all 196x titled cars subject to stricter emissions requirements, and then everyone with a 60s car would be screwed. But short of doing passing a sweeping law that affected all cars, they can't single out a kit car legally titled in another state as a 196x and subject it to different emissions requirements than other 196x cars in the state.
__________________
Replica is not a dirty word.
"If you can't be a good example, then you'll just have to be a horrible warning."
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11-05-2010, 10:41 AM
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Senior Club Cobra Member
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Join Date: Feb 2007
Cobra Make, Engine: KMP 539, a Ton of Aluminum
Posts: 9,592
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Not Ranked
Quote:
Originally Posted by Chaplin
But short of doing passing a sweeping law that affected all cars, they can't single out a kit car legally titled in another state as a 196x and subject it to different emissions requirements than other 196x cars in the state.
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I don't see why they can't. Again, I'm not a legal expert, but SPCNS cars were never manufactured in 196x. They are not truly 196x cars. They are different from cars manufactured in 196x's. I understand the "full faith and credit" thing, but in my little brain, how do you legally title an SPCNS car as a 196x anyway?
Laws change all the time. I would get the SB100 exemption and sleep at night. But that's just me. I worry a lot by nature. 
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11-05-2010, 11:11 AM
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Half-Ass Member
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Join Date: Jun 2005
Cobra Make, Engine: ERA #732, 428FE (447 CID), TKO600, Solid Flat Tappet Cam, Tons of Aluminum
Posts: 22,025
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Not Ranked
Quote:
Originally Posted by RodKnock
I don't see why they can't.
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RK's right. Cars don't get equal protection rights. The legislature could pass a law that requires stricter emissions for all "blue" cars if they wanted to. All they would have to do is come up with any conceivable set of facts that provides a rational basis for doing it and *poof* it's fine. And in the real world, nothing ever fails that test. 
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