CA: out of state SPCN and emission testing

[rokndad]

Robert,

Thanks for taking the time to inform us on our forums of the changes to the law in addition to the heads up like this on proposed changes. Many of your previous posts helped me make my decision to get an out of state SPCN and go through the SB 100 process in California. And pay those FEES!!!!!!! Yikes. Glad it's over.

[mrmustang]

Robert,

I believe part of the problem is that it is a FEDERAL OFFENSE to tamper with a legally issued out of state title. California laws cannot supercede FEDERAL LAW. If you believe this to be untrue, then with that same belief you risk the loss of Federal dollars that flow into your state for complying with FEDERAL laws. No matter how you word it, no matter how you attempt to enact new laws to "get your way", there is no circumventing the FEDERAL statute.

Now, with that said, if a legal full time resident of your state attempts to title a vehicle in one of the states above, then yes, you can legally intercept said title/vehicle. If however a legal resident of your state purchases a legally titled used vehicle from out of state and brings it into your state, then you and your state government must comply with the FEDERAL statute, on this it is clearly black and white. You need to ask yourself and your fellow California based lawmakers if they are willing to go to court for stopping the legal transfer of goods from one state to another. If so, would the backlash once it becomes known to other states in which you export goods and services become enough to bankrupt your state? Sounds a bit extreme and overboard, but it does make you sit back and think about it from the other side of the equation.


Here is wishing you well.


Sincerely,

Bill S.

[Morgester]

There are other issues at play. The key is that the vehicle is not a 1965 no matter what the documentation from the other state says. As such, if you choose to register it in a new jurisdiction (California) we have the choice to treat it as we would treat any other vehicle in our state.

Each state has its own unique rules (including taxes, guns, fireworks, prostitution, drugs, and kit cars). A sister state does not have to honor them if you choose to take up residence. That is why they are called laboratories of democracy.

[mrmustang]

Ah yes, but when it comes to automobiles, the laws of the Federal government take precedence. As such it is a FEDERAL OFFENSE to tamper with a legally issued (this is the key words here) title and/or state issued Vehicle Identification Number. Even you have to agree that this is true, right?


Again here is wishing you well.


Sincerely,

Bill S.

[Morgester]

[quote=mrmustang;926201]Ah yes, but when it comes to automobiles, the laws of the Federal government take precedence. As such it is a FEDERAL OFFENSE to tamper with a legally issued (this is the key words here) title and/or state issued Vehicle Identification Number. Even you have to agree that this is true, right?


There is no federally issued VIN on these vehicles nor are they manufactured per DOT specifications (air bags anyone?) The only reason they are on the road is due to state law. In California it is the special manufactured rule that allows them in.

I believe that there may be an issue under federal law if these can even be built.

[mrmustang]

Originally Posted by Morgester

There is no federally issued VIN on these vehicles nor are they manufactured per DOT specifications (air bags anyone?) The only reason they are on the road is due to state law. In California it is the special manufactured rule that allows them in.

I believe that there may be an issue under federal law if these can even be built.

I hate to say it, but you are correct, but also incorrect. As seen below, when a state issues a VIN (Vehicle Identification Number) it is placed in a HNTSA style database, this is a federal level database that once applied takes the state equation out of the loop from then on forward.

In particular, I suggest you read Code of Federal Regulations (there are others but this one will do for now)
Title 49, Volume 5, Parts 400 to 999
Revised as of October 1, 2000
From the U.S. Government Printing Office via GPO Access

Specifically:
Page 158
TITLE 49--TRANSPORTATION
CHAPTER V--
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 565-565.7

http://www.nhtsa.dot.gov/


You might find that what you propose, and what is currently your stand on the way things "must be in the state of California" are contradictory and illegal in the eyes of the Federal Government. Tread lightly on this issue Robert, as the laws are clearly spelled out as to what a state government can and cannot do when it comes to VIN's and legally issued (again legally issued is the key here, nothing subversive to try and circumvent paying taxes or anything else for that matter which may be illegal in nature) title paperwork.


Again here is wishing you well.


Sincerely,

Bill S.