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PostPosted: November 2, 2012, 11:29 am 
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Posts: 651
Location: Duxbury, MA USA
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.us
web: http://www.mass.gov/vehiclecheck
DEP on Twitter: http://twitter.com/MassDEP
Subscribe to the MassDEP e-newsletter: http://www.mass.gov/dep/public/publications/enews.htm

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PostPosted: November 2, 2012, 11:48 am 
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I've followed the MA laws on a different forum. It would seem that there are MA laws that went into effect this year. Unless this info you have is more recent than April (I think), it may not apply. It is best to start your own record of communications with your state agencies.

If you still think that the letter to your friend applies to you, perhaps you can contact your local wrecking yard. I see nothing indiacting you can't use their scrap cars...... Certainly some scrap yard has, within the last 5 years, scrapped a pre-1974 vehicle..... Determining that it had been registered for a min of 1 year in MA might be more difficult.

And so the red tape begins :BH: :boxing: :cheers:

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PostPosted: November 2, 2012, 11:52 am 
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Location: Duxbury, MA USA
that letter is dated Sept 19 this year.

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PostPosted: November 2, 2012, 2:02 pm 
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Are there other options then registering as a kit car? Are replicas or street rods considered differently?

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PostPosted: November 2, 2012, 2:56 pm 
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Try to find somebody who can point you to exactly where in the laws that this requirement for destroying an old car/engine in order to get your emissions exemption is layed out in the laws. If it is a state requirement, then it must be in writing somewhere. The following is the only thing I have seen so far regarding emissions exemptions for replica vehicles.

Quote:
Street rods and custom vehicles, as defined and registered pursuant to section 2H of chapter 90, shall receive an emissions waiver certificate. Specially constructed vehicles and replica vehicles, as defined and registered pursuant to said section 2H of said chapter 90, and registered on or before April 30, 2012, shall receive an emissions waiver certificate. Specially constructed vehicles and replica vehicles, as so defined, registered after April 30, 2012 shall be subject to emission control requirements based on the model year and configuration of the engine installed in the specially constructed or replica vehicle, whether the engine is an original equipment manufacturer’s production engine, rebuilt engine or crate engine. Regulations relative to emissions compliance for replica or specially constructed vehicles registered after April 30, 2012 may establish maximum limits on the annual number of vehicle miles traveled by these vehicles; provided, however, that any such limit set, shall not be set at less than 3,000 miles per year. If the model year of the engine installed in the specially constructed or replica vehicle requires an onboard diagnostic system, the vehicle shall be subject to an onboard diagnostic system emissions test applicable to the certified configuration, including any exclusions or exemptions otherwise granted to that certified configuration.


Found in: http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section142M
From the legislation based on the "SEMA model" passed: http://www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter311

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PostPosted: November 2, 2012, 5:10 pm 
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Location: Duxbury, MA USA
I would be titling as a replica. Street Rods are considered differently, and must be built on a original chassis. The source of much of this information is coming from the Motorist Assistance office which is part of the RMV. I have been checking the Factory Five forums and I think I have the story straight.
You go to the RMV inspection site after making an appointment. They make sure you did not use any stolen parts and that the car is not completely unsafe. Have all receipts with you. If happy, you get a VIN. You take that to the Registry and they give you a title and nick you for sales tax on any components that you have not paid tax on.
You go to inspection. You fail for emissions. You get an old car to scrap and you provide the documentation to the RMV along with your DEP scrap form and the title of the vehicle that you scrapped.
You wait 60 days and go back to inspection and supposedly like magic you are now in the database as emissions exempt and you get a pass sticker.
Thats the theory. I actually will not begin to fight this battle till spring. At that point I will fill you all in on the finer points of the difference between theory and practice. Of course they are emptying your wallet every step of the way.
I also have the option of registering in NH and still may consider this although it is not my first choice.
The rule in the post above is correct and I should have paid closer attention so as to have made the April 30th date. This scrap an old car thing is a compromise that they came up with as the date approached.

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PostPosted: November 3, 2012, 7:20 am 
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I don't know about MA, but replacement titles are not issued for vehicles over 15 years old in many States. You may find ads stating bill of sale rather than title on older vehicles. A tag receipt matching the sellers full name is a good sign.

You might consider vehicles a little newer if the equipment requirement is minimal. I can see some logic in this, as a replica should have a donor (no new engine) and that donor should be scrapped in the system. The donor is still on the road technically with the correct equipment, so the only negative is money and paperwork rather than increased emission.

I saw a 1973 pinto with a 4 spd, all original and little to no rust (original paint and unmodified) on craigs for $800 a few months ago in ATL. It would have been ideal to bring up, inspect and register for use as a donor. Registration is good for a year meanwhile the build has begun. There are time limits usually for submitting a title after scrapping, but I expect it isn't fully scrapped until your through reusing parts. No waiting.

Post the form or form number mentioned in Paul's letter and request a break down of equipment requirements based on the year of the donor/scrapped vehicle.

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