I can't get my State to allow off road use. Need legal info

Repeated attempts to get an off road use plate in AZ has failed due to lack of knowledge by the state office of DOT of federal laws allowing mini trucks to be here legally.

The imported gave me a Bill of Sale, a Green Japanese import certificate & a white translated version.

The importer said they are allowed to import mini trucks under HTS Code 8709.19.0030 under the category of "used works trucks".

Who’s head do I need to go over and what info can I provide?

I just sent this letter to Coleman Sachs, Chief, Import and Certification Division <NHTSA/DOT> Office of Vehicle Safety Compliance


How are “USED” right hand drive Japanese Kei-class mini-trucks truck models such as:

Mitsubishi Mini Cab, Suzuki Carry, Honda Acty, Daihatsu HIJET, Daihatsu HIJET JAMBO, Mazda SCRUM, and the Suzuki CARRY

Allowed to enter the US. If according to:

1. AZ D.O.T Blyth Ca officer Porter (928) 669-5294 who oversees all of Mohave Co AZ level 2-3 vehicle inspections,

2. Tempe AZ D.O.T. Main office (2500 W Broadway Rd, Tempe AZ 85282 602-712-2340) officer Bias & Hernandez

3. AZ D.O.T. in Phoenix Lieutenant John Morales

all stated that used right hand drive Japanese Kei-class mini-trucks are:

ORIGINALLY MANUFACTURED AS AN “ON” HIGHWAY USE VEHICLES in Japan and there for cannot be recognized as an “OFF” HIGHWAY USE VEHICLE in the US.

Some D.O.T officers have also added that since these vehicles are originally manufactured as an “on” highway use vehicle and not recognized in the list of import vehicles governed by NHTSA, that the “USED” right hand drive Japanese Kei-class mini-trucks are imported illegally and should be sent back or destroyed.

My repeated argument to all the officers above is that “USED” right hand drive Japanese Kei-class mini-trucks are allowed to be imported legally as an “OFF” highway use vehicle.

I could not effectively argue or convincingly communicate the legal language or federal statute that illustrates that “USED” right hand drive Japanese Kei-class mini-trucks ”CAN” and “ARE” recognized as “OFF” HIGHWAY USE VEHICLE though ORIGINALLY MANUFACTURED AS AN “ON” HIGHWAY USE VEHICLES in Japan.

My added argument was that side by side 2 seat recreational 4x4 off road vehicles such as:

Yamaha Rhino
Cushman UTV MAX
Eyk500-F 4x4 Wd Utv
Polaris Ranger Rzr
Polaris Ranger
Artic Cat Prowler
Kawasaki Mule
Kubota
Club Car XRT 1500 SE
John Deere Gator

To name a few are all “OFF” road vehicles. These vehicles are allowed to be inspected and titled for use on incorporated state maintained land as required by AZ law and given an AZ “RV” off road license plate.

If caught with such plate, agencies like the Sheriffs Dept, AZ Fish & Game, BLM, can issue a citation.

AZ D.O.T Blyth Ca officer Porter (928) 669-5294 who oversees all of Mohave Co AZ upon my inspection attempt said that if I could produce a MSO certificate, vehicle id number plate or a US vehicle title, he would be able to help me.

I expressed to Mr Porter that this was a “USED” vehicle that had no certificate and that the vehicle has a chassis number, not a VIN plate. A VIN plate is what I was hopping DOT would issue me so that I could achieve an “RV” off road license plate.

My question is, can you help me to find or point me in the direction that will give AZ DOT the green light to inspect my vehicle recognized as “OFF” HIGHWAY USE VEHICLE though ORIGINALLY MANUFACTURED AS AN “ON” HIGHWAY USE VEHICLES in Japan?

I purchase 2 used right hand drive Japanese Kei-class mini-trucks from an imported in Los Angeles (www.minitruckdealer.com) and brought them back to Lake Havasu City AZ for the local DMV inspection and issuance of an OFF road RV plate. The DMV found no VIN, but only a chassis no. The DMV said I needed a level 2 inspection. I made an appointment with Officer Porter the next day.

Personally I feel challenged by Officer Porter’s opinion of having bias views towards right hand drive Japanese Kei-class mini-trucks even being here as he expressed. He took the liberty of quickly downloading a Japanese mini-trucks dealer page he showed me that stated these trucks are not permitted on road and formed his opinion from there. I felt an unwillingness from Mr Porter to take any initiative to aid my in my information quest for issuance of an off road plate.

I drove 80miles to the next city of Kingman AZ the following day where the DMV inspector produced the very same page officer Porter downloaded and said they were instructed by D.O.T. not to inspect my truck. I then spoke to the DOT office in Mesa AZ and they said I should have no problems, to come on down 240miles away. Sadly then I got there they said without proper documents, they could not help to which I still haven’t a clue what they need.

So far I have $8000 invested in the two trucks, driven 1300 miles to get the trucks, rent a car trailer 3 different days and spent $600 in gas and spent a solid 6days total researching info that might help, sent emails & made phone calls all because someone doesn’t know the laws outside there normal call of duty. I need help please.

Any communication to His department or Officer Porter directly would be helpful. I feel any attempt to educate Officer Porter on my behalf will not be met with any appreciation and seriousness.

To ask another question, given the fact that similar trucks imported here manufactured 25+ years ago are imported without restriction, would you agree that the rules that were set by NHTSA would allow such vehicles to be registered as “ON” road vehicles and legally subjected to be inspected for title and registration as stated below?

8. Importing a vehicle that is at least 25 years old. http://www.nhtsa.dot.gov/cars/rules/...ges/page2.html

"A motor vehicle that is at least 25 years old can be lawfully imported into the U.S. without regard to whether it complies with all applicable FMVSS. Such a vehicle would be entered under Box 1 on the HS-7 Declaration form to be given to Customs at the time of importation. If you wish to see that form, you may download a copy from our website at www.nhtsa.dot.gov/cars/rules/import. You should note that the 25 year period runs from the date of the vehicle's manufacture. If the date of manufacture is not identified on a label permanently affixed to the vehicle by its original manufacturer, to establish the age of the vehicle, you should have documentation available such as an invoice showing the date the vehicle was first sold or a registration document showing that the vehicle was registered at least 25 years ago. Absent such information, a statement from a recognized vehicle historical society identifying the age of the vehicle could be used".

Also, Can newer used vehicles parts and cassis be purchased using different parts from various manufactures and assembled engines to be registered as a no name, self manufactured off or on road vehicle or golf cart that meets DOT requirements?

Any info would be very appreciated!

ANy suggestion guys?!?!?!?

 

My 1st responce back from DOT was as follows: (paraphrased)


Vehicles (such as racing bikes, dirt bikes, or ATV's) that are not "primarily manufactured for on-road use" do not qualify as motor vehicles, and may be lawfully imported without
regard to whether they were originally manufactured to comply with all applicable FMVSS.

Vehicles that are not primarily manufactured for on-road use may be entered under Box 8 on the HS-7 Declaration form to be given to U.S. Customs and Border Protection (Customs) at the time of entry.

To support a Box 8 entry, the importer must furnish Customs with a substantiating statement to establish that the vehicle was not primarily manufactured for on-road use.

In instances where a vehicle has both off-road and on-road capabilities, but there is little or no evidence concerning the extent of its on-road use, the agency has in the past applied five factors in determining whether the vehicle qualifies as a "motor vehicle" that must be
originally manufactured to comply with all applicable FMVSS, and be so certified by its original manufacturer to be imported free of restriction.

These factors are:

1) Whether the vehicle will be advertised for use on-road as well as off-road, or whether it will be advertised exclusively for off-road use;

2) Whether the vehicle's manufacturer or dealers will assist the vehicle's purchasers in obtaining certificates of origin or title documents to register the vehicle for on-road use;

3) Whether the vehicle will be sold by dealers also selling vehicles that are classified as motor vehicles;

4) Whether the vehicle has affixed to it a warning label stating that the vehicle is not intended for use on the public roads; and

5) Whether states or foreign countries have permitted or are likely to permit the vehicle to be registered for on-road use.

After applying the above factors, NHTSA's Office of Chief Counsel has found in a number of instances that Japanese mini-trucks such as the ones you have described do qualify for entry under Box 8 on the HS-7 Declaration form as vehicles that were not primarily manufactured for use on public roads, and therefore do not qualify as "motor vehicles" that must be originally manufactured to comply with all applicable FMVSS, and be so certified by their original manufacturer to be lawfully imported into the United States. Because they are declared strictly as off-road vehicles at their time of entry, any effort to title or register these vehicles for on-road use would be clearly inconsistent with this declaration.

Coleman Sachs, Chief
Import and Certification Division
Office of Vehicle Safety Compliance


Statutes, laws and regulations governing the import and identification of used Japanese import kei class mini trucks.

1. NHTSA's Office of Chief Counsel that Japanese mini-trucks do qualify for entry under Box 8 on the HS-7 Declaration form as vehicles that were not primarily manufactured for use on public roads.

2. These vehicles are legally imported into this country under HTS Code 8709.19.0030 under the category of "used works trucks".

 

From what I can interpret from all of that headache inducing legalspeech, the dimwits in the AZDOT cannot seem to get it into their heads, that you are attempting to register for an off road plate. All I could say to do is, go back to the original (close by) office with this response, and have the officer inspect it. If he fails to do so, then start climbing up the chain of command, untill you find someone with enough intelligence to complete sentient thought.

 

I agree with WOLF, You have so much legalese in this post...it is hard to tell what you are asking for.

If you are trying to get OFF road plates that is fine, But if you are trying to get information from this forum to circumvent federal regulations, that is strictly prohibited here.
Click here
http://www.minitrucktalk.com/showthread.php?t=188

 

Auhhhhhh...... hummmm....

TO QUOTE THIS FORUM THREAD ----- "I can't get my State to allow off road use. Need legal info "

TO QUOTE MYSELF ------"Repeated attempts to get an off road use plate in AZ has failed due to lack of knowledge by the state office of DOT of federal laws allowing mini trucks to be here legally"----

TO QUOTE WOLF---- "AZDOT cannot seem to get it into their heads, that you are attempting to register for an off road plate"

TO QUOTE ABC MINITRUCK---- "if you are trying to get information from this forum to circumvent federal regulations, that is strictly prohibited here. "

Let me spell it out for you so that we are clear!!!! (Everyone Sing upper scale) A, B, C, D, E, F, G..... (Sing lower scale) O, F, F, R, O, A, D,.... Now you "might" know your ABC's...

As stated in my opening sentence... "OFF ROAD" O F F R O A D!:frustration: O F F R O A D! :frustration:O F F R O A D!:frustration:

To think we also have people like this in goverment dictating policies!!!

Senate: Ahhh Mr BUSH, Here is a senate bill to end terror and reduce taxes in the US.

Bush: You have so much legalese in this post...it is hard to tell what you are asking for?!?!?


ABCMINITRUCKS.... We all know your postion on minitrucks, THANKS AGAIN FOR TAKING THE OPPORTUNITY TO LET US ALL KNOW AGAIN HOW YOU REALLY FEEL and oh yeah... thanks for the warning! Click Here <----Really, do click here for a laugh! (There are wepons of mass destuction in IRAQ)

ABC I cant believe your that slow... Your just messing with me Right????