I am starting to understand the law here.
I will be able to title the car as a 1972 Lotus replica. However, I can't get an emissions exemption UNLESS I scrap a 1973 or older vehicle that has been registered in MA within the last 5 years.
Can anyone help me out?
Here is a recent note below from the MA DEP to a friend with a Caterham with a Miata engine:
To be able to keep the late-model Miata engine in your Seven, you will need to scrap a 1973 or older vehicle. Below is a table with the nominal displacement groups, but given your engine’s size, you may scrap any 3-cylinder or larger engine.
Nominal Displacement Groups
Destroyed and New Engine
Number of Cylinders Nominal Displacement Group
3- or 4-cylinder Up to 3.0 liters
5- or 6-cylinder 3.0- 5.0 liters (up to 302 cu in)
8-cylinder Small – 4.0-5.4 liters (up to 327)
8-cylinder Medium – 5.5-6.7 liters (up to 409)
8-cylinder Large – 6.8 liters or more (over 409)
The destroyed engine or the new engine may have more than 8 cylinders provided both engines are in the same 8-cylinder nominal displacement group.
Following are the other requirements related to the scrappage option
1. The vehicle being scrapped must be permanently retired, and the vehicle and its engine destroyed solely for the purpose of compliance with kit car emissions requirements. This means that the retirement of the vehicle is being made for no other purpose, such as cash-for-clunkers, new vehicle purchase incentive, etc. This also means that neither the chassis nor the engine can ever be used again. Acceptable documentation for the destruction of the vehicle and the engine must include:
a. Notification of the Registrar that the vehicle has been junked or scrapped, as per Chapter 90D Section 20E of the Massachusetts General Laws, and
b. A written declaration from the person or firm who junked or scrapped the vehicle that the engine and the vehicle (chassis and body) have been destroyed.
2. The destroyed engine and the new engine must be of the same fuel type and made for either a passenger car or light duty truck. This means that an engine from a vehicle over 8,500 lbs. Gross Vehicle Weight Rating (GVWR) cannot be used in a kit car. It also means that a diesel engine cannot be installed in a kit car unless a diesel-powered light-duty vehicle is scrapped.
3. The permanently retired vehicle must have been registered in Massachusetts for at least one year within 5 years of the year in which the kit vehicle is first registered in Massachusetts. Because this option is for Massachusetts-registered kit cars, the permanently retired vehicle must be a Massachusetts vehicle. The 5-year window is intended to provide adequate time for a kit car builder to scrap a vehicle, decide on a certified configuration to be installed in the kit car, and complete the build and registration process. The vehicle need not have been registered to the kit car owner to qualify.
Wrecked vehicles can be desirable as donors for kit car construction, and a wrecked vehicle may be used to meet this requirement. When purchasing a wrecked vehicle to use the scrappage option, the kit car owner must:
• Be sure the vehicle has been registered for at least one year in Massachusetts, and
• Must complete the construction and registration process within 5 years.
Example: For a kit car first registered in Massachusetts in 2012, the scrapped vehicle must have had a valid Massachusetts registration for at least one year, and the end of that year must be 2007 or later.
Because you will be using a 1973 or older vehicle, you do not need to worry about emissions controls. If you were to scrap a vehicle newer than 1973, then you would need to comply with the emissions control requirements of that model year (or newer).
Attached is the form that needs to be completed by the facility where you are scrapping the vehicle – this serves as the written declaration referenced in 1.b. above. They need to understand that they need to turn that title in to RMV promptly (within the 10 days required by law) for you to be able to get credit for the vehicle being scrapped. You should fill out as much as you can about the vehicle being scrapped (your name, as owner, VIN, etc.) and have the scrap yard complete what they need to do.
If you have any questions, PLEASE call.
Paul Davis
MassDEP/IM Program Branch Chief
617.348.4080
617.292.5530 - fax
Paul.Davis@state.ma.usweb:
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