Registering Out of state SPF in CA

[ou812545]

Any loopholes on registering a currently NY registered (Registered as 2006 Special Construction) Superformance in CA?
I say loopholes in terms of legal registration and smog NOT in taxes. I plan to pay all the necessary taxes.

The SPF is currently legally registered in New York with a "NY" New york VIN.

I assume the only path I have is to get as many TOPs as possible and try for SB1578 or SB100 next year.

any other ideas?

Thanks,
Dan

[Randy Rosenberg]

If the current title is: "2006 Special Construction", then your assumption is accurate (unless it can meet the Smog Requires for 2006).

[rokndad]

If that's the car for you, and you want it, I say go for it and get your TOP's for the year and get in line for Jan 2, 2009. I did it with an out of state previously registered 2004 SPCNS and had no issue. Just finished with CHP and am awaiting my formal SB 100 cert in the mail, then set up appointment with Bureau of Automotive Repair for the smog certification and affixing of Exempt sticker with my sequence number on it.

Just pay your fees (Use Tax and Registration) within 10 days of bringing it into the State, and get TOP's until next year. If you tell your DMV folks that you're working on it to get it through smog, appointments with BAR and your calendar don't work out, etc, they're pretty good about giving you sequential TOP's for 60 to 90 days each. I left a gap of one month during Thanksgiving and it worked for me. Best wishes on your, hopefully, new acquisition!!

[ou812545]

rokndad, Congrats on the SB100. If things work out with this car I may ask you a few more questions about the TOPs.

The problem now is that the car is currently in California and owned by a CA wholesale group. They cannot sell the car in CA unless it can be legally registered here. They are working with there DMV contact to see if it is even possible to be sold in CA through them.

Has anyone run up against something like this?

[Got the Bug]

ou812545 - Since the wholesaler couldn't legally register the car in CA without going through the SB1578 process, they're probably just holding the pink slip/title from NY with their name as the new owner.

Makes sense to let the wholesaler do the legwork with DMV, but if you buy the car, you may want to go down to the DMV with the seller. They might be able to sign the existing pink/title over to you, so you can take the car through the SB process.

[RodKnock]

ou812545, trust me, if you're buying a used Cobra, buy a CA car with the SB100 exemption already, if you possibly can. It was save you a lot of time at the DMV, heartache, the ups , the downs, CHP, BAR, etc.

[xlr8or]

I agree with Rodknocker. There are always several to pick from on Cobra Country with the SB100 cert.

[ou812545]

Originally Posted by rokndad

If that's the car for you, and you want it, I say go for it and get your TOP's for the year and get in line for Jan 2, 2009. I did it with an out of state previously registered 2004 SPCNS and had no issue. Just finished with CHP and am awaiting my formal SB 100 cert in the mail, then set up appointment with Bureau of Automotive Repair for the smog certification and affixing of Exempt sticker with my sequence number on it.

Just pay your fees (Use Tax and Registration) within 10 days of bringing it into the State, and get TOP's until next year. If you tell your DMV folks that you're working on it to get it through smog, appointments with BAR and your calendar don't work out, etc, they're pretty good about giving you sequential TOP's for 60 to 90 days each. I left a gap of one month during Thanksgiving and it worked for me. Best wishes on your, hopefully, new acquisition!!

rokndad,

During the time you were using the TOPs did you actually meet with the BAR and have you Cobra smog checked or did you just keep making appoitments and canceling and rescheduling them?

Thanks,
Dan

[Got the Bug]

Dan,

I spread the CHP process/visit out over a 4 month period. The Santa Clara DMV office consistently gave me 60 day TOPS, no questions asked. As far as I can tell, the DMV doesn't even track the number of TOPS issued.

After I got the CHP visit out of the way, I visited the DMV and had them verify that my VIN number that the DMV certified was correct in their system. Got another TOP and they told me I needed to visit the BAR. I didn't go to the BAR or make an appt. During that time I visited the DMV and got another TOP. I ended up receiving a letter from the DMV asking me to complete my registration and visit the BAR. I visited the DMV when I needed a new TOP, showed them the letter, and explained to them that I hadn't received any details about how to reach the BAR (what's the BAR anyway?? ). Got another TOP from the DMV, since I was having a tough time coordinating my schedule with the BAR.

Most of the time, the DMV rep won't even look up, they'll just hand you a new TOP. If you don't get one, make an appt. another day or go to another office. You shouldn't have any problems stretching the process out.

Doug

[Got the Bug]

BTW - One tip that I got from a fellow Bay Area Cobra owner, is to visit the DMV on the first day of the month after your TOP expires. That way you'll be certain to get a full two months out of your TOP.

[windinyourface]

How hard is it to register a cobra from another state titled as a 1965 in calf?

[ou812545]

windinyourface,
Based on my research and talking to the DMV.
If a car is a special construction vehicle and is Not a real 1965 vehicle then the CA DMV considers that title to be fraudulent even if it from another state. It must be re-titled in CA as to the year with was first titled.
I guess if it was a kit car make in 1965 then it would not be fraudulent.

[Randy Rosenberg]

Originally Posted by windinyourface

How hard is it to register a cobra from another state titled as a 1965 in calf?

If the cobra was titled legally as a 1965 in another state, then CA must accept the title - easy peasy.

[Slick61]

Have you read this????

" 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.
__________________
Robert Morgester "

it's an interesting wrinkle...

[Got the Bug]

Randy - So supposedly no SB 100 (SB1578) would be required? That's definitely a positive for out of state sellers then.

Isn't there still a lingering question about emission testing (i.e. you could register the car, but would have to pass a smog test. The result would be that you might as well go the SB route).

[Slick61]

Originally Posted by Got the Bug

Randy - So supposedly no SB 100 (SB1578) would be required? That's definitely a positive for out of state sellers then.

Isn't there still a lingering question about emission testing (i.e. you could register the car, but would have to pass a smog test. The result would be that you might as well go the SB route).

If California recognizes the car as a '65, there will not be an emissions test requirement.

[rokndad]

Dan,

I just kept going back into the DMV explaining that I hadn't been able to coordinate schedules and get together with the BAR. (which was true). You'll find that the offices are spread out over the area, and I'd either have to drive to San Diego (75 miles) or up to Huntington Beach (30 Mi) to see the BAR. So they accepted that and gave me four TOP's since I'm generally away for work during the week. I received the last one on Jan 2 when I received my SB 100 sequence no., and they simply handed me another TOP with a big "3" on it for 90 days.

If you like the car, check with your local DMV and see what they will require of you in the way of process and fees. It's pretty much like everyone has said on this thread. Pay the use tax and get TOP's over the course of the year if they don't buy the 1965 Previous registration. My bet is they won't. Most DMV registration managers are getting pretty hip to the kit car thing, and you having some out of state issues, you're most likely not going to be handled by a run of the mill registration tech at the DMV. They will raise their hand and look for the support of their boss who usually makes the call. The quote from Attorney General, Morgester, is on point, it just depends on how each individual DMV manager looks at it.
Continued best wishes and when are we going to see some pictures of this baby?

[vanoochka]

The bottom paragraph below is a direct quote from Morgester's last post regarding registering cars titled (outside CA) as "1965 Ford". You can search his posts and select the latest one to read the whole story.

Last year, I purchased an SPF from Arizona, without even knowing about SB100 and breezed through the registration process, paying every tax penny owed. California DMV used the VIN assigned by Arizona (the car has two VIN Plates) and sent me a California title for my 1965 Ford. No smog, no problem.

I was going to take the car through the SB100 process, anyway, until I read the below in early December and decided to sleep in instead.

From Morgester:

"2. With reference to the out-of-state registration and California’s full faith and credit statute. DMV will honor all legally acquired title. Assuming you follow all of the rules in the titling state (residence, taxes, disclosures), the titling states documents will be honored. If the titling state lists the vehicle as a 1965 Ford, it will be registered in California as a 1965 Ford. A 1965 vehicle is not referred for emission testing."

[ou812545]

Everyone, thanks for you responses, but the car I decided on was taken away.

I promise to not vent too much, but this is what happened.

I found the car of my dreams on ebay and it was in Southern California:

I made an offer of $49K on Friday. We agreed on $52K on Saturday. We only had to work out the details on who would pay for shipping between SoCal and NorCal, he said he would get back to me with a shipping quote.
I insisted to put down a deposit and the person I was dealing with said I have his word that the car would not be sold under me and he is the owners son. ### Jr. All was good, I had his word.

I'm sure many of you have experience that feeling that this could not happen fast enough and even waking up in the middle of the night thinking of your new toy. That was me for several nights. My poor wife.

Several days passed and he said he is still waiting on a shipping quote. I was able to get 3 quotes in 15 minutes. (first red flag)
Then he said he would have to wait for there DMV lady to figure out how to do the paperwork given the car was registered in NY. (second red flag).

I began to call the DMV, search cc, and call friends at classic car dealers to ask how to buy a special construction car from a dealer and release them of liability for smog and safety. It was clear, there is a legal term given to me by the DMV called "Demand of Title". It simply puts the responsibility on the buyer for smog and safety. I gave this tip to the "reputable" seller and again thought all was good. I told him that I wanted to pay for the car today and to have it shipped on Saturday.

Then I received this email (not even a phone call):
"Dan - Our Dealer Principal does not want us to retail this car. He is concerned about the safety liability the car poses due to the fact that is has no modern safety features and is a handful to drive. We have encountered multiple suits with our Ferraris already and he said that he does not want to expose himself with this car. I apologize for wasting your time and energy, but my hands are tied in this situation."

I immediately called and asked what happened and what they planned to do with the car if it could not be sold in CA. They said that they can only sell it to a whole-seller.
I have a good friend who is a whole-seller, so I said we could do the deal through him.

I was actually begging to buy this car....

Well, he ended the call by telling me the car has already been sold, sorry.
He didn't hold to his word.

Anyways, the venting is over and I will continue my search.

Thanks again to everyone who has answered all my SPF and CA Registration questions.

Dan

[thudmaster]

Now call Hillbank Motorsports in Irvine (949-900-1951) and see What Lance Stander has to offer. I know it won't be excuses..........