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 Post 67 Minis,California and the law.

 Created by: dredpyrt
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 Posted: Aug 10, 2017 06:45PM
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I got the year wrong..Its a 69 and the add says "clean title and current CA. registration" Im hoping to check it out this weekend if its still around and get some more background.

 Posted: Aug 10, 2017 05:52PM
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minimans..  what the current law there?/ pre 76 on all land rovers like minis?/ I will talk to WH over the weekend and ask him for an update.. on the diesel  problem there..  guess you can only register the NAS 110 made in 93?? later bc

 Posted: Aug 10, 2017 04:45PM
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I'll keep an eye out for it. I have a list of customers who ask about defender 110's but can't find legal ones

Mini's are like buses they come along in a bunch

 Posted: Aug 10, 2017 02:18PM
 Edited:  Aug 10, 2017 02:20PM
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miniman..  I heard that there is certain.. attorney here in NC.. that will soon file a lawsuit against CARB/ and DMV over the diesel land rovers..  seems there was law passed in 1998 about them.. and anything PRIOR to this manufacture date are EXEMPT in California..  sure he will post on defendersource.com soon..  fyi. I got vin inspection today at NC DMV   on D 90  from Spain..  in 15 mins and then NC tag and registration also in about 15 mins.. NC title will come in about 4-5 weeks..

 Posted: Aug 10, 2017 11:45AM
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CA
Maybe George (GTA mini) can jump in here, as a California resident and Police official in L. A county, he might just know the rules and legislation of the State of California pertinent to registering classic cara

Big AL

[email protected]

Niagara Ontario Canada

 Posted: Aug 10, 2017 10:48AM
 Edited:  Aug 10, 2017 10:51AM
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Quote:
Originally Posted by Spank
The real answer to your question is Nobody Knows . . .

^ This is probably a concise summary ^

I learned a lot when I imported my '64 last year, but trying to explain it is very difficult.

The complication occurs because California has stated a car, even over 25 years old, must meet Federal Motor Vehicle Safety Standards (FMVSS) and Federal Emissions standards for the year that car was built or registered. FMVSS and Federal Emissions standards were introduced in 1967, to be applied to 1968 model year vehicles. The Mini wasn't bought in to the US after the begining of 1968 precisely because it wasn't capable of meeting FMVSS. Consequently, it was never certified for Federal Emissions either. The problem then; 1) You know a Mini built after 1967 won't meet FMVSS, and 2) You have no way to show whether it meets emissions standards as there is no documentation in existence.

With that said, I know this is the rule for DIRECT IMPORTS (a car bought directly to California from another country). I don't know if the same applies to cars purchased and bought in from another state. I do know when I registered my out of state vehicles, the DMV wanted to check the VIN and the emissions sticker to ensure the vehicle was CARB compliant.

If the car is already in California, you're probably good with anything 1974 or older. I say probably, as it's unlikely to raise any red flags at the DMV and, under current California law, will never require a SMOG test.

If you're registering a 1968 to 1974 car which has already been registered in another state, you may get away with a simple process to issue a new California title, or you may not. It depends on whether the FMVSS and Federal Emissions standards are applied during VIN inspection and whether the DMV want to check that. If you're in that situation I suggest you research the issue further.

You may well be wondering how the DMV know how to tell the difference between a pre-1968 Mini and a later model? Well, they don't. What they will do ask you to provide proof of the vehicles age, and examine your paperwork for such evidence. This can be fudged by using the identity of an older car (re-VIN), but this is illegal. That said, there seems to be a  number of illegally re-VIN'd Minis around, so the DMV clearly falls for the deception. Then again, this could be found out anytime at a later date and your car seized. All it takes is for someone in authority to know what most Mini enthusiasts know about how to identify the true age of a Mini - it really isn't that difficult. I guess that's the risk you take if you want to break the law.

The bottom line is this;
If you want a Mini in California, your safest bet is to find a 1967 or earlier car, and preferably one already in California - It just saves a lot of uncertainty.

 Posted: Aug 10, 2017 08:30AM
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Quote:
Originally Posted by thewerewolf
minimans.. was the defender a diesel or petrol?/ different rules for either..btw.. do classic minis have to be pre 76 or pre 68 ,I got confused over the stupic law out there in Calli. or does really on come down which DMV you go to out there. or the attitude of the PHAT lady behind the counter???? later  bc  ps. this is why I REFUSED to call cars or trucks to California 
This was a diesel. The California rule is Pre-1968 as after that date all cars had to have a California compliant plate but the mini was never made California compliant therefore no plate.

Mini's are like buses they come along in a bunch

 Posted: Aug 10, 2017 07:39AM
 Edited:  Aug 10, 2017 07:45AM
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The real answer to your question is Nobody Knows because it's never been tested in court.

When the opportunity came to test the law, there was no money to fight it.

It boils down to California DMV statutes, Federal DOT and EPA, and CARB (California Air Resources Board).  That is some serious bureaucracy to go up against.  State and quasi-state agencies that have regulations that go against Federal law, or some say are permitted to supersede Federal law. It is all about not raising any red flags with the operator / agent that you are dealing with. Once they start to question something and escalate it to a superior or have to reference a book, you chances of getting out of there with everything you need take a HUGE hit. 8-10 years ago or so, a friend was trying to register an Innocenti mini. He had to get a CHP inspection, CHP gave it a CA assigned VIN, and it still took over 2 years (I seem to recall) to get a clear title and metal plates-- he was given temporary tags until he was allowed to get metal license plates.

These agencies aren't very efficient, so getting anything out of them is miraculous.  For example: Coincidentally I had a friend walk in to DMV yesterday at 12:45 and stood in line with his completed paperwork for an out-of-state title transfer for a 1962 car that was originally titled in CA, was sold out of state and got an out-of-state  title about 8 years ago, and that was returning to CA under a new owner. The car had the day before already gotten its VIN verification. So walked in to stand in the preliminary line at 12:45. At 1:35 he was given ticket number B103. When he sat down, he heard "Now Serving B080". At 2:34 he texts me, "I feel like they are punishing me. 'Now Serving B084'". They closed with him still in there waiting to be called. He was finally served after closing hours. This is a new DMV. Has 28-30 service windows.

 Posted: Aug 10, 2017 04:04AM
 Edited:  Aug 10, 2017 06:59AM
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minimans.. was the defender a diesel or petrol?/ different rules for either..btw.. do classic minis have to be pre 76 or pre 68 ,I got confused over the stupic law out there in Calli. or does really on come down which DMV you go to out there. or the attitude of the PHAT lady behind the counter???? later  bc  ps. this is why I REFUSED to call cars or trucks to California 

 Posted: Aug 9, 2017 09:31PM
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As you say technically it's not legal but it seems Pre-smog cars already registered in California seem to get a free pass on transfer after sale. Your problem will be if you buy outside of California and then try to register in California. Having said that it also seems to depend on who you get at the local DMV I have a customer who just bought in a Defender 110 into California with an Ohio plate and that got passed with no problem.........................

Mini's are like buses they come along in a bunch

 Posted: Aug 9, 2017 09:25PM
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US
I had a '72 in 2003, with no problems.  Rolling 25 year rule in Cali, at the time.  I'd heard that the date was locked down at some point, but I don't recall what that date was ('76?).  Have the laws changed, yet again, to snare even 40+ year old cars?

**Dr. jinG**

"I tell you and you forget. I show you and you remember. I involve you and you understand." ~ Eric Butterworth
"The true charter of liberty is independence, maintained by force." ~Voltaire

 Posted: Aug 9, 2017 08:05PM
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Ive been thinking about getting back into a Classic Mini but had a question. I have heard stories about re-vined later Minis being seized and crushed but what about 68 to 75 with valid titles and registration. I know by the letter of the law they are illegal but havent heard the same horror stories. In fact i had JDM 94 titled as a 74 that i had to let go because of finances. The guy who bought it was from Santa Monica and told me the officers there were good at spotting re-vins but would give legit pre 76s a pass. There is a RHD 71 in craigslist i might just be able to swing but having the threat of seizure gives me the willys. Thanks!