Direct Import Rules/1966 not smog exempt?

A friend of mine is attempting to import a 1974 Lancia Fulvia Monte Carlo. Direct from Italy to here in California. The DMV has told him that the car is not eligible for registering here in the state of California because it is NOT smog exempt. This is due to the fact that it was not originally imported into the USA back in 1974. In other words, the car cannot be directly imported into California because it does not meet the state's pollution control standards.

In addition the DMV states:

“Pursuant to Health and Safety code (HS&C) 43600, vehicles with model years 1966 and newer must comply with California Emission Standards to be registered in this state.”

Really 1966? This is news, I thought the cut off year for smog exemption was 1976?

Has anyone run into this same situation?

If so, what are some of the possible solutions to have this car registered here in California?

Is an attorney needed?

We are open to any and all suggestions.

Thanks in advance.

 

This "25 year rule" (I think it may even be 21 years, not sure?) supposedly applies to California as well. This is exactly where one of the great inconsistencies with this "1966 and newer rule" lies.

Update: My friend did in fact have an appointment with the DMV today. He was told that the issue came from head office of the California DMV in Sacramento. Per the advice of the DMV manager he spoke with, who evidently was quite helpful, he is going to try "other channels" to get the Lancia registered.

As a side note, my friend was also told by this same DMV manager, that some other fellow who purchased a 1966 Ford Mustang (out of state) had the same exact issue as he is currently having with the Lancia. He was denied being able to register the Mustang here in California. It sure would be helpful to find out what happened in the case of the Mustang. I believe he was able to get the car registered. Anyway, can you imagine that? A vintage car like a 1966 Ford Mustang, designed, built and originally sold here in the USA, being denied registration in California because it does not meet emission standards!?! What a terrible thing to pull on car enthusiast and collators who try to bring their cars into this state!

I will post the results of what transpires with the Lancia. Again any advice would be very much appreciated.

Thanks in advance,

 

PM sent.

Thank you,

 

Many thanks. Your PM has been received. I am also trying other avenues through a local auto importer here in the SF Bay Area. Will post the results. Thanks again.

Best,

 

Congratulations! This is great news. When you have a chance post some pics of your Jag sometime. I'd love to see the car.

 

We may need legal help in getting this car registered.

If anyone happens to know of a good attorney and or a DMV specialist that can possibly help, please send me a PM.

We are open to any viable and legal solution to this issue.

BTW: In case anyone is wanting to know how one of these Fulvia Monte Carlo's look, here are a few photos of the car.

Thanks in advance,

Tim
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The saga still continues. I'm looking for any help and advice I can get. I evidently need to get a letter from the manufacturer stating the vehicle meets "California Safety Standards".
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And I suppose the car pictured in your avatar is safe?

 

Thank you ProRallyCodriver for the tips, greatly appreciated! These new challanges for registering vintage cars here in California are indeed contrived in the minds of bonehead legislators.

FYI: I learned this today from the Treasurer of a local California Fiat club regarding Title 49, which is the rule that is blocking my car, and others, from being registered here in California.

"...The only thing that could possibly be an issue
is if the car has less than 7500 miles on it. Then California could
technically consider it a "new car" and insist it meet emission
standards. I have never heard of this happening to a car as old as
yours.

Perhaps you are refering to Title 49 of the U.S. Code. It contains the
part prohibiting the import of vehicles that don't meet safety
standards, but does not apply to cars 25 years old or older.
When you bring a car in to the U.S. you have to fill out form HS-7 and
just check the box that says your car is 25 or more years old. If you
need a new one, do a search and print one up.

There's also EPA form 3520-1, that you can fill out yourself. Just
check the box that says your car is at least 21 years old and
unmodified. Then you're exempt from U.S. smog certification."

 

True, the car in your avatar has vintage bumpers, but do they really make it "very safe"? Really?

How about other safety features such as; high back seats to help prevent whiplash, and Britax shoulder belts? At least that's what this is what this Lancia Fulvia Monte Carlo is equipped with. In my opinion this Fulvia not any less safe to drive than my old 1970 BMW 2002 (pic attached), which by the way has bumpers, and which are bascially worthless at high speed impact.

The bottom line is this: If I attempted to import this 1970 BMW 2002 with it's factory bumpers and all, directly into California from anywhere outside the USA, I would run into the exact same issues with the DMV. The exact same registration issues as I am currently having with the Lancia Fulvia Monte Carlo.

I don't believe it will come to this; but if I have to install 2nd series Coupé factory bumpers (which by the way is a very straightforward bolt on installation) on the Fulvia Monte Carlo, just so it can be registered, then so be it.

Let's be real. How many non-modified cars built in the 1960's and 1970's, bumpers or no bumpers, are really considered to be "safe" by today's standards?
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