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Old 04-29-2009, 05:03 PM   #19 (permalink)
Carwhisperer
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Location: Pollock Pines, CA 4000' Elevation
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Quote:
Originally Posted by Frank Lee View Post
Well that's why I said ask DMV. I HAVE checked into it- several times- BUT sometimes these laws do change, what was true last year might not be true today. And there are state-to-state differences too, for some of the fiddlier details.

I have to go to the statutes and/or DMV to figure it out... that's just how ya do it. It's not like "tipping your hand" will hurt anything; it will need to be inspected in order to get licensed anyway.
OK then can you "figure it out" for me? These are the pertinent laws from the CA DMV website, edited for some brevity:

580. A "specially constructed vehicle" is a vehicle which is built for private use, not for resale, and is not constructed by a licensed manufacturer or remanufacturer. A specially constructed vehicle may be built from (1) a kit; (2) new or used, or a combination of new and used, parts; or (3) a vehicle reported for dismantling, as required by Section 5500 or 11520, which, when reconstructed, does not resemble the original make of the vehicle dismantled. A specially constructed vehicle is not a vehicle which has been repaired or restored to its original design by replacing parts.

Specially Constructed Vehicles- Emission Control

What is the Specially Constructed Vehicle Emission Control Program?

Existing law requires most 1976 and newer model year vehicles to pass an emissions control inspection (smog check) prior to original registration, transfer of ownership, and every second annual renewal. Since Specially Constructed Vehicles (SPCNS) are homemade and do not have a manufacturer-assigned model year, they must be taken to a Bureau of Automotive Repair (BAR) Referee Station for the original inspection. Upon completion of the inspection, the referee will affix a tamper-resistant label to the vehicle and issue a certificate that establishes the model-year for future inspection purposes.

Per California Vehicle Code §4750.1, the first 500 program applicants in each calendar year may choose whether the inspection is based on the model-year of the engine used in the vehicle or the vehicle model-year. If the engine or the vehicle does not sufficiently resemble one previously manufactured, the referee will assign 1960 as the model-year.

After the first 500 vehicles have been registered in any calendar year, all others will be assigned the same model-year as the calendar year in which the application is submitted.

Previously registered vehicles may be included as one of the first 500 applicants in a calendar year and apply for a different model-year determination.

What is an SPCNS Certificate of Sequence?

An SPCNS Certificate of Sequence identifies a vehicle as one for which the owner may choose emission control inspection based on the model-year of the engine used in the vehicle or the vehicle model-year. The certificate is issued by DMV Headquarters and will be mailed 7-10 working days after the application is accepted by your local DMV. The certificate must be presented to the BAR Referee Station at the time of inspection.

Per statute, only 500 certificates can be issued in a calendar year. Once the yearly allotment has been issued, applicants must wait until the following year to apply for a certificate.

SPCNS Certificates of Sequence cannot be transferred to a different vehicle or reissued in someone else's name. The seller of a vehicle must provide the buyer with the SPCNS Certificate of Sequence along with the bill of sale and any additional registration documents. In addition, fees deposited in one year cannot be held over for the next year's allocation of certificates.

Registration Requirements for Home-Made, Specially Constructed, or Kit Vehicles

A "home-made, specially constructed, or kit vehicle" is a vehicle that is built for private use, not for resale, and is not constructed by a licensed manufacturer or remanufacturer. These vehicles may be built from a kit, new or used parts, a combination of new and used parts, or a vehicle reported for dismantling (junked) that, when reconstructed, does not resemble the original make of the vehicle that was dismantled.

A specially constructed vehicle (SPCNS) does not include a vehicle that has been repaired or restored to its original design by replacing parts or a vehicle modified from its original design.

Example: A Volkswagen "Beetle" with modified fenders, engine compartment lid, and front end, but still recognizable as a Volkswagen is not considered a specially constructed vehicle.

The Registration Requirements are:

A completed Application for Title or Registration (REG 343).
A vehicle verification done by the California Highway Patrol (CHP).
A completed Statement of Construction (REG 5036).



Motorcycle

400. (a) A “motorcycle” is ( )1 a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground( )2.
(b) A motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (a).

These are the most pertinent statutes as near as I can tell. My vehicle would meet the definition of a motorcycle but would also be a Specially Constructed Vehicle, I think. If the DMV would keep the model year and change the designation to "motorcycle" I would be cool.
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