Vehicle Importation: Understanding the 25 Year Old Rule

Vehicle Importation: Understanding the 25 Year Old Rule

by Sean Morris

I get this question about once a week these days, “Are the Skylines really going to be legal when they are 25 years old?”  It’s a loaded question. The answer is actually yes, and no, as it all depends where you live. In North America, Canada is an exception, but even in the United States the rules have some variance. Since I live in California, the answer is actually yes, but no.  Yes, because the 1989 Nissan Skyline will be federally legal to import once it’s 25 years old in 2014, but no because vehicles 1975 or newer are subject to direct import laws in California.  These direct import laws make it very expensive to bring a car into California compliance. However, for the purposes of this article, I won’t get too far into the downside of the upside of 25 year old vehicle import.

I am 90% sure that when you say ‘Skyline’ you mean ‘Skyline GT-R.’ The only one that really floats my boat is the GT-R, but women do seem to appreciate the non-GT-R cars such as the GT-S shown above. Does that mean that only men like the GT-R? GT-R’s do seem to attract more men and boys, so plan your days accordingly.

First off, since it is now 2017 it is legal to import 1992 vehicles that never met US FMVSS (Federal Motor Vehicle Safety Standards) as regulated by the NHTSA, DOT (National Highway Traffic Safety Administration, Department of Transportation). This is because the Code of Federal Regulations Title 49 part 591.5(i), also written 49CFR591.5(i), says you can. Title 49 has to do with transportation while 591 is the section called – IMPORTATION OF VEHICLES AND EQUIPMENT SUBJECT TO FEDERAL SAFETY, BUMPER AND THEFT PREVENTION STANDARDS. The .5 designation is a reference to the subsection that details Declarations Required for Importation and the (i) designation is a reference to a section of that subsection. The legal importation of a vehicle is not up to the guy on a random internet forum, the guy at the DMV or even the police officer on the corner. The Code of Federal Regulations is the definitive word on the rules. The contents of its pages trumps casual opinion. The laws used to only be written in these cool things called books, but now you can look up the parts, numbers, and sections online. If you have access to a hard copy of the CFR like I do, it’s like the worst choose your own adventure book ever. It is a difficult book to read. If you ever pick one up you will probably want to put it right back down.

The pertinent text of the Code of Federal Regulations section 591.5 states:

No person shall import a motor vehicle or item of motor vehicle equipment into the United States unless, at the time it is offered for importation, its importer files a declaration, in duplicate, which declares one of the following:

(i)(1) The vehicle is 25 or more years old.

The declaration form referenced by the Code of Federal Regulations is the NHTSA form called the HS-7. On the HS-7 form 25 year old cars are Box 1. This is a document that should be extremely familiar to anyone who regularly imports automobiles.

All the Skyline GT-Rs in the above image will soon be eligible for importation into the United States. R32 production began in 1989, so 2014 will mark the year of its 25th anniversary. However, Hakosukas are already available to interested parties in the US.

On top of the NHTSA, the EPA (Environmental Protection Agency) is another regulatory body with a say in vehicle regulations. However, the EPA is even more lenient than the NHTSA, DOT. The EPA says at 21 years old, and in its original configuration, a vehicle is exempt from EPA requirements. This is something that needs some explaining as different people read into it what they want. They only pull the words out of that last statement that suit them. If you want to be a well informed cookie, read it carefully and understand what it really means. The EPA importation form is called the 3520-1.  For vehicles over 21 years old, and in their original configuration, an importer would fill in code E on the 3520-1.

The text of the pertinent EPA regulation states:

A vehicle is exempted if it has been 21 years or more since its original production year and it is in its original unmodified condition. Vehicles in any condition may be excluded if they were manufactured prior to the year in which EPA's regulations for the class of vehicle took effect. Vehicles at least 21 years old with replacement engines are not eligible for this exemption unless they contain equivalent or newer EPA certified engines and emission control systems. Upon entry, the importer must file an EPA Form 3520-1 with Customs and declare code “E” on the form.

An example of an engine bay in original configuration. Yes, that means it is stock.

24 comments

  1. Just wondering what was the total cost you paid to fully register your car in California, if you don’t mind me asking? I just bought a R34 but I wont be importing it till 2024. I just want to prepare myself financially if the military can’t import my vehicle.

    1. R34 for California is on the task of near impossibility. At least how it looks. OBD II is a requirement. We are doing one car for California now, Show or Display R34. We will be charging $75k for California compliance on an OBD II car. R32 GT-R cost $10k. Other cars cost anywhere from $5k up.

        1. The EPA says that a vehicle must be in original configuration to be exempt for import. For California we have to do full ARB certification, so it would be possible to bring a vehicle with an engine swap into configuration. It does add significantly to the cost.

  2. I’m in Japan and just bought 95 Supra 6 speed. I’ll be here until 2021, the military is paying for the import fees. What fees will I be paying out of pocket once the car arrives in California once my tour is over. Do you suggest getting it registered in Arizona instead of California?

  3. i own a 1990 vw bug with mexican licence plate on my name i live in CA, the back seat of the vw now is a pick up, all the chasis still the same, same engine, but now i want to register in CA, but i dont know with the body modification i’m aloud to import this car. what to do next

  4. Great article and thanks for the info. I am interested in selling my soon to be legal (25 year old) JDM subarus just south of the border in Montana. One thing I have been unable to find clarity on is the definition/strictness of “unmodified condition/configuration”.

    For example, if I have OE replacement parts, would that become an issue? ie NGK spark plug wires, KYB struts, etc…

    Thanks!

  5. Sean
    What about a euro car over 25 years old, original engine, and transmission, but is missing original intake and exhaust and is not operable. Can it be purchased, imported and then finished by me or a shop here in the US?

  6. Hi Sean,

    I have a 1968 Fiat 500L that was imported from Italy in 2021 into California and it was OK’d by customs, but now CA DMV is asking me to get Fiat to issue a letter stating: “Please contact the manufacturer, FIAT, of this vehicle and ask if the vehicle complied with all applicable U.S. Emission standards. You must obtain a letter confirming this information”

    I haven’t had any luck with any of the local USA FIAT dealers .

    Can you help?

    1. 68 means it has to be brought into compliance. Has to be 67 or older to be exempt.

      “1968 model year to 1974 model year vehicles – California does not recommend the purchase or importation of these years of NON-USA vehicles, even if currently registered in another state. These vehicles require compliance with USEPA requirements in effect on the specific date of 11/15/1972. This provision when written, was considered by the California legislature as a gradual phase-out of very dirty “non-collectable” types of imports, as this specific requirement was understood to become increasingly difficult to meet. Today, this requirement, while not impossible to meet, would require testing expenses and modifications that far exceed most vehicles value and would make little sense from a collectors standpoint to attempt. The limited exemptions that could have applied to individuals moving to California were closed by VIN 2017-15 (Direct Import Vehicles Update) Contact the DMV for more information.”

      https://www.importavehicle.com/california-buyer

  7. Hello Sean.

    I am NOT an US Citizen and I would like to know if a 1999 Toyota Land Cruiser HZJ105 (model never sold in the US) could be import and be sell in USA

    Thanks in advance for any info you can provide me

    1. Maybe in 2024, The 25th year. Anyone know when the 25th year commences, January 1 of the 25th year or date specific?

      1. It is by date of manufacture for the NHTSA and 25 years old. So a June car has to come in after June for instance. The EPA for 21 years is specifically calendar year. So Jan 1 for them. Each agency is different. This is the way of the government.

        1. Hello Sean,
          I am going to import Mercedes Benz C280 LHD 1997/03/01 from Japan.
          How much I have to pay in order to bring car into CARB compliance for CA registration?

  8. Hi so I have a question, once you import the car and get it titled and registered, no smog correct? But for California it needs carb compliance? and after 2 years will the car need to be smogged or inspected?

  9. Hi I have a question so I’m planning to buy and import an AE86 or 1984-87 Toyota corolla from japan within the next year and am wondering how this would work out in California because most of the potential options are all modified in some fashion is there a way of getting it registered even with the modifications or will I have to try to find an 100% stock version also does registering the vehicle in Nevada easier than California I live with 3 hours of reno so would it be easier to register it as a classic car in reno then trying to register it in Cali?

  10. Hello
    Can I import a car to California and sell it out of state without having to meet direct import requirements?

  11. Hello
    I am looking to import and register in California a 1989 Saab 9000 from France. Saab originally imported and sold the 9000 model into all 50 states in 1989. However this particular Saab 9000 model I am looking to import was first sold in France in 1989.

    Would you be able to tell me how I would be able to get this car imported and registered in California?

    1. To be legally registered in California, it has to be brought into emissions compliance. In addition to emissions, there are also a VIN verification, and taxes, registration due. On a car like this, it really makes little to no sense economically to do it. Unless you were conceived in it, I would leave it in France.

      https://www.importavehicle.com/california-buyer

      Prices for California modification and testing range from $7500 – $15000 depending on vehicle model and condition up to 1995. R32 and R33 Nissan Skyline GT-R are typically $11,000. 1998 and up Nissan Skyline are $15,000. They do not require OBD II for California emissions, and that is noted on the ARB label as seen below. The cars need to be near stock, and in perfect running order. Please call or email us with specific cost questions. 844-523-2233 or sales@importavehicle.com

      1967 model year vehicles and older – no modifications and testing are required to register the vehicle in California.

      1968 model year to 1974 model year vehicles – California does not recommend the purchase or importation of these years of NON-USA vehicles, even if currently registered in another state. These vehicles require compliance with USEPA requirements in effect on the specific date of 11/15/1972. This provision when written, was considered by the California legislature as a gradual phase-out of very dirty “non-collectable” types of imports, as this specific requirement was understood to become increasingly difficult to meet. Today, this requirement, while not impossible to meet, would require testing expenses and modifications that far exceed most vehicles value and would make little sense from a collectors standpoint to attempt. The limited exemptions that could have applied to individuals moving to California were closed by VIN 2017-15 (Direct Import Vehicles Update) Contact the DMV for more information.

      1975 model year vehicles to the present – (EXCLUDING any vehicle obtained by a California resident within two years of its date of production) require a “Certificate of Conformance” issued by the ARB after a successful laboratory test. This test is administered to the same standards required of new vehicle manufacturers, and for the model year of the vehicle . However, unlike new vehicle manufacturers, as an individual you are not required to meet the full range of additional testing and equipment standards such as On-Board Diagnostic (OBD) requirements, durability testing, low emission fleet averaging, or Zero Emissions Vehicle testing (LEV and ZEV requirements). So while these standards reference what a manufacturer must do, when required by the Direct Import requirements they apply to individuals importing a used motor vehicle.

      Motorcycles and heavy-duty engines – (used in trucks and buses) are required to comply with CA or USEPA from the date of manufacturer, no after-the-fact modification is permitted for products first sold outside the US market.

      Diesel vehicles – 1979 model year and older vehicles with original-equipment diesel engines are exempt from Direct Import lab testing requirements. Please note that any vehicle converted to operate on diesel fuel is subject to lab testing requirements if it is a 1968 model year vehicle or newer.

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