CA: New criminal cases filed

[Morgester]

Originally Posted by mrmustang

John,

I think you missed the point several threads ago on this subject. Some state REQUIRE the owner to title it as the year and model it replicates. This is not fraud when the issuing state or county jurisdication states it as a matter of law. The problem starts when another state voids that legally issued title (which then really becomes a Federal offense for tampering with a VIN and title chain) and attempts to rewrite the laws and the title chain for it's own politically motivated purposes.

Bill S.

There seems to be some confusion regarding bringing in a specially constructed vehicle that has been “legally titled” in another state.

Vehicle Code § 4304. Effect of foreign certificates of title

Upon application for registration of a vehicle previously registered outside this State, the department shall grant full faith and credit to the currently valid certificate of title describing the vehicle, the ownership thereof, and any liens thereon, issued by the state in which the vehicle was last registered, except that the laws of the state shall provide for the notation upon the certificate of title of any and all liens and encumbrances other than those dependent upon possession.

By statute California is required to honor the previously issued title if it was legally issued. The question is does that mean California also has to honor the issued “year of manufacture” for emission testing purposes? I have asked DMV this question and they “will get back to me.”

I have seen DMV in the past require legally titled out-of-state vehicles that are kit cars pass emission testing based on the SPCN rules. In short you can call it anything you want but it still has to pass emissions test under the SPCN rules.

Obviously there is an argument that in granting “full faith and credit” to the description of the vehicle would include they year of manufacture (1965), which in turn would mean that the vehicle is smog exempt. Unique loop hole that only lawyers could appreciate.

My recommendation, for what it is worth, is full disclosure. If DMV is aware that your 2007 kit car was legally registered pursuant to state law as a 1965 Ford, how DMV chooses to handle it is up to DMV. At some point I am sure we will have an answer.