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Thread: 818 Registration concerns in Texas

  1. #1
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    818 Registration concerns in Texas

    My 2006 WRX donor is sitting in my garage waiting for me to tear it down over the next few weeks, however I just stumbled upon the new registration changes that went into effect this year in Texas. (something that didn't exist when I ordered my 818 that is due in late September)

    This is honestly a bit heartbreaking as I have been wanting to build a non-replica type kit car for a very long time and the 818 is exactly what I was hoping for. Not being able to drive it to work or on trips through the hill country ruins the deal for me and means I will probably have to back out.

    So now for my question, I can't be the only one in Texas who is facing this same issue. Does anyone have any ideas on how we might be able to register an 818 in what I used to consider the best state, Texas?
    1995 Nissan Skyline GTR VSpec
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    Mechie3's Avatar
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    What exactly are the registration changes?
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    If you can get a R33 registered in Texas, I would think a 818 wouldn't be a problem.

    But yeah, what exactly changed?

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    http://thefactoryfiveforum.com/showt...ighlight=texas

    Above is one of the threads. It looks like the issue with the 818 is going to be that it isn't a replica and I don't know a way to get around this one.
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    I'd say call the DMV and talk to them, also contact Factory Five and ask them about the MCO. I've read in other threads that Factory Five will be supplying a MCO with the 818, so that should allow you to register it if I understand the purpose of the MCO correctly.

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    Maybe. I read that thread. Seems that the law is open to interpretation by county, and that even some cars (like the Atom or the Trike) couldn't get registered. It seems that they're trying to limit the "hey ya'll, watch this" type of homebuilt, but in the process the legit kit cars got maimed. Hopefully it's temporary. There is a list of approved cars (per that thread) that FFR may be able to assist in getting the 818 listed on.
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    Senior Member jkrueger's Avatar
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    I live in TX as well and have built two FFRs and want to build the 818 as well. I suggest talking to your DMV office and have them pull out their book that gives them guidance on titling cars. I'll stop at mine and ask the same thing when I get a chance.

    You can download the latest title manual here:
    http://txdmv.gov/reports-and-data/pu...s/67-reference

    The section on assembled vehicles is on page 25-14. It goes through the entire process for titling an assembled vehicle which seems the 818 and GTM would fit in, then there is a paragraph that says home made vehicles can't be titled. One example they give is mating a bike front to a vw bug rear, they also say a home made vehicle is one in which "not previously manufactured by a NHTSA approved manufacturer", which would seem to encompass all kit car manufacturers. They also talk about titling replica cars which all can come from kit car manufacturers.

    So, I think a trip to the DMV for some clarification is needed.

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    I have been eyeing an 818S build, and I live in Waco, TX. Let me know what you find out!

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    MKIII #5835 Someday I Suppose's Avatar
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    It reads like its really aimed at people building frames in their garage not a car that has a factory built frame and MCO. To that I would also reach out and contact some hot rod clubs, they have a much bigger voice and I can't believe Texas is going to stop people from building duce coupes.

    As far as the 'replica' language it sounds lilke it sort of steps on itself there. A replica built in my home, or a replica built by a builder? If that is an avenue to title though, then who is to say the 818 isnt a replica? Tell them its a lotus replica, so what that it doesn't look too much like one, but small lightweight two seat sports car. Sounds like a Lotus to me.

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    It's a replica Porsche 918 or Boxster Spyder. It's close enough, but cant be any closer because Porsche would litigate FFR.
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    I read that in the revised manual too. I was worried this would happen when SEMA got involved in TX a few years back. Their boilerplate legislation looked like it focused entirely on replicas to the exclusion of everything else. Will be interesting to see how this shakes out. I can think of a number of high-dollar GTM and RCR SL-C builds in Texas in recent years, and some of them aren't titled yet. Austin may soon be hearing from a number of angry car builders.

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    Thanks everyone I will do some more digging and get with the DMV to get a final verdict for my area. As far as the Skyline goes, it is one of the Motorex vehicles that is Federally legal so title in Texas was not an issue.
    1995 Nissan Skyline GTR VSpec
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    As I'd thought, this appears to be a direct consequence of SEMA lobbying. Their legislation is only intended to protect antiques and replicas of antiques, nothing modern:

    http://www.semasan.com/semaga/Bills/..._StreetRod.pdf

    They may not have specifically told the legislators they lobbied to exclude modern kits, but in having the laws rewritten, they opened Pandora's box and only took care of their own.

    Funny that they worked so tirelessly to change the Texas law, given that we didn't have a problem titling and registering kits here before.

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    Senior Member Xusia's Avatar
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    I'm confused as to SEMA's intent. Can you please explain? (I'm just curious)

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    Sorry guys. I don't get it... Here is an issue (as stated) that would prevent someone from registering a 818s in Texas and there is no input/comment/stated options from FF? Makes me really hesitant to start such a project and invest my hard earned money, if it is going to lead to a dead end (no pun intended). =p

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    I wouldn't expect a response from Factory Five directly on this, it's not their place. They manufacture and sell kit cars, it is up to us to register them and to do the required research concerning registration. Threads like this are exactly what is needed, a community driven research project, Factory Five doesn't need to waste their time addressing a concern that they can't do anything about.

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    Quote Originally Posted by Xusia View Post
    I'm confused as to SEMA's intent. Can you please explain? (I'm just curious)
    Well, I think their intent has been to help their replica-making members sell kits by standardizing laws across the United States to make replicas easy to title and register. Unfortunately, in the case of Texas, this lobbying to protect replicas appears to have led to a complete overhaul of the law, with the result that all non-replicas are now excluded. Perhaps the GTM could slip through as a GT-40 replica, but the new law appears to eliminate the 818 pretty thoroughly.

    I don't suspect any ill intent on the part of SEMA, but their legislation was not especially needed in Texas, and when I learned a few years ago that they were lobbying in Austin, I was afraid this would happen.

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    Senior Member Xusia's Avatar
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    Eh, its a Porsche replica. Or Ferrari. I doubt they'd know the difference. Or care.

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    Senior Member ram_g's Avatar
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    For all those that say the 818 could be passed off as a replica of this or that, thanks for your input, but you must not have read the new Texas titling requirements. Specifically, the vehicle must replicate an original that is at least 25 years old, and must be substantiated by photographs of both the replica and the original. Apparently the tax offices do care, because there are reports of multiple applicants being turned away for the Ariel Atom and other non-replica cars. I do think the 818 is in a world of hurt in Texas and it's going to take some lobbying to get this changed.
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    Go to your nearest neighboring state, get a PO box, register 818 in that state, problem solved.


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    Quote Originally Posted by ram_g View Post
    For all those that say the 818 could be passed off as a replica of this or that, thanks for your input, but you must not have read the new Texas titling requirements. Specifically, the vehicle must replicate an original that is at least 25 years old, and must be substantiated by photographs of both the replica and the original. Apparently the tax offices do care, because there are reports of multiple applicants being turned away for the Ariel Atom and other non-replica cars. I do think the 818 is in a world of hurt in Texas and it's going to take some lobbying to get this changed.
    exactly. Now I am just trying to get some time off to go talk to them.
    1995 Nissan Skyline GTR VSpec
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    Senior Member mekeys's Avatar
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    I don't think lobbying will get it done ..I think they would respond to a lawsuit a lot better.

    Mel

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    Senior Member wleehendrick's Avatar
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    How about this...

    Identify a classic car with similar size/proportions to the 818 (Dino, perhaps?). Whip up some homebrew body panels that resemble said classic and build the 818 to resemble it. Register as a replica (The law doesn't state it has to be a show quality replica, ). After registration, perform purely cosmetic modifications by installing the FFR body panels.

  24. #24
    Senior Member Oppenheimer's Avatar
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    Quote Originally Posted by wleehendrick View Post
    How about this...

    Identify a classic car with similar size/proportions to the 818 (Dino, perhaps?). Whip up some homebrew body panels that resemble said classic and build the 818 to resemble it. Register as a replica (The law doesn't state it has to be a show quality replica, ). After registration, perform purely cosmetic modifications by installing the FFR body panels.
    Right. Or if the law is you need to show via photos that said kit resembles said classic, Photoshop an 818 pic to submit (see, they look the same). When yours comes out looking different at inspection time, its "I made some aerodynamic mods to mine".

  25. #25
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    It's a modern take on a replica Porsche 914. Lightweight. 2 seater. Mid engine. Boxer motor. Open top .

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    Quote Originally Posted by Oppenheimer View Post
    Right. Or if the law is you need to show via photos that said kit resembles said classic, Photoshop an 818 pic to submit (see, they look the same). When yours comes out looking different at inspection time, its "I made some aerodynamic mods to mine".
    Taking advantage of loopholes or finding a friendly or clueless clerk at the county tax office is one thing. Falsifying documentation is quite another. That would be a third-degree felony in Texas, and would likely involve multiple counts by the time you got a title in hand. No rational person commits felonies to own a street-driven kit car (not that it's by any means unheard of).

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    Well there are a few ways to skin this cat:

    1. Easiest option: Don't retitle it. Remove a section of the firewall with the vin plate from the donor Subaru and mount/weld it on the 818 firewall. Then register it as a Subaru Impreza. You modified the Subaru with a new frame, body panels/aero panels and suspension (since the impreza is a unibody you could actually even truthfully argue that you didn't replace the frame but used parts of the frame and strengthened it with a new subframe). This isn't falsifying anything it is absolutely true, unless there is some legal definition in the law for what constitutes a new vehicle. If I put a Ferrari body kit on a Fiero is it no longer a Fiero? No it is still a Fiero.

    2. 2nd option: There is no objective legal threshold for replication. Take some photos of a 1980s Lotus and register it as a replica. Don't doctor or falsify anyting just make it a replica. Choose the photos carefully to get the best angle. When I look at a FFR roadster I can immediately tell it is not a real Cobra and there is no objective standard for how close it has to be to be a "replica" vs "non-replica"

    3. 3rd option, a bit expensive: Rent a cheap apartment in Louisiana/Oklahoma/New Mexico title it there for a year. Then transfer the title to Texas. As long as you actually have a residence in the other state it is totally legal.
    Last edited by auburn2; 10-01-2013 at 11:22 PM.

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    Senior Member wleehendrick's Avatar
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    Quote Originally Posted by auburn2 View Post
    1. Easiest option: Don't retitle it. Remove a section of the firewall with the vin plate from the donor Subaru and mount/weld it on the 818 firewall. Then register it as a Subaru Impreza.
    Careful with this approach, this is referred to the 'ship of Theseus' argument, and it's what got Boyd Coddington fined by the State of CA:


    http://en.wikipedia.org/wiki/Boyd_Coddington

    In his later days he began registering cars that were essentially completely custom fabrications as antique automobiles, avoiding major emissions restrictions and tax liabilities. California officials considered this a "Ship of Theseus" fraud, claiming that so many central elements were replaced the cars ceased to be the same entity. Coddington was charged with a misdemeanor and pleaded guilty on April 7, 2005.

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    Quote Originally Posted by auburn2 View Post
    Well there are a few ways to skin this cat:

    1. Easiest option: Don't retitle it. Remove a section of the firewall with the vin plate from the donor Subaru and mount/weld it on the 818 firewall. Then register it as a Subaru Impreza.
    That is title washing, and as I understand it, it's a felony in Texas and perhaps also under Federal law.

    2. 2nd option: There is no objective legal threshold for replication. Take some photos of a 1980s Lotus and register it as a replica. Don't doctor or falsify anyting just make it a replica. Choose the photos carefully to get the best angle. When I look at a FFR roadster I can immediately tell it is not a real Cobra and there is no objective standard for how close it has to be to be a "replica" vs "non-replica"
    This might be possible, and the 1980s angular Lotus were the first cars I thought of to "replicate," since if need be, one could throw together some temporary flat plywood bodywork to get it replica titled. Changing the body later should not be that big a deal, though a strict reading of the title rules says it might be.

    3. 3rd option, a bit expensive: Rent a cheap apartment in Louisiana/Oklahoma/New Mexico title it there for a year. Then transfer the title to Texas. As long as you actually have a residence in the other state it is totally legal.
    Titling first out of state is the route I was thinking if I were to pursue a similar project. What about forming an LLC in another state with the address of one of the many paper-corporation address providers? Title to the LLC until it's eligible to retitle in Texas.

    As to which state to try, I'm not up to date on Louisiana or Oklahoma laws, but the last time I checked, neither state looked very friendly to home built cars.

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    Sincere apologies for the double post. I am a new member on probation.

    The following thread on the Locost forums, I think lets us off the hook. The FFR 818 has a prefab frame / prefab body, so doesn't qualify as a homebuilt.

    http://www.locostusa.com/forums/view...p?f=37&t=15348

    I hope it will just be a case of cultivating my State Rep (see the gracious response from Rep Miller in the thread) if needed to ease the registration process.

  31. #31
    Member RMB's Avatar
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    Can you not still register it as an Assembled Vehicle, or did they remove that from the books? I thought you still had the option to register as an ASVE or under the new replica legislation.

    Rob
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    Can 818 be registered in Texas? It isn't a replica, but isn't exactly a "homebuilt vw trike" either.

    I wrote off Cobra replica's years ago due to amount of time it takes to complete them. The 818 is the only kit car (besides Cobras) that I like. Want to start saving with the intent to purchase an 818, but holding off on making plans until it is proven "with out a doubt" that they can be registered in Texas.
    Thanks,
    tripntx

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    The 2014 Texas title manual was released a few months back, accompanied by a new standalone assembled vehicle manual, which appears to reverse the prohibition on home built cars and non-replica kits.

    All assembled vehicles, including replicas, must now be inspected for safety by an ASE certified master mechanic before they can be titled, but otherwise the rules are once again similar to what they were prior to 2013. I wouldn't be too alarmed by the passage regarding "federally required safety components required during the year in which the vehicle was assembled." The ASE inspection forms seem to indicate this refers only to that safety equipment which would actually be subject to a Texas safety inspection. That would include turn signals, for instance, but would not include airbags.

    The documentation requirements for homebuilts remain a bit murky, but it looks like the 818 should have no further trouble in Texas, at least the street version. There is one clause in the new rules which might cause difficulty for 818R builders, depending on the documentation they put together: "A vehicle designed by a manufacturer for on-track racing is not eligible for title." That's probably not terribly enforceable, but forewarned is forearmed.

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    I should add, this still doesn't get the 818 around OBDII. I've heard that some of the waiver inspection stations may grant waivers to kit cars, but I don't know that for concrete fact yet. In any case, merely being able to title the car is a huge step compared to this time last year.

    (Tried to edit my previous post, but there's something funny about this site and my web browser.)

  35. #35
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    Hey Blueafro Thanks a lot for that! I figured I'd worry when I got closer. Are you planning on running a car or muffler or both?
    Nolan
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    No firm 818 plans as yet, but I continue to evaluate it as a likely next project. So I'm very interested to see what the rest of y'all do with the platform, and with the paperwork. :-)

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    Quote Originally Posted by blueafro View Post
    The 2014 Texas title manual was released a few months back, accompanied by a new standalone assembled vehicle manual, which appears to reverse the prohibition on home built cars and non-replica kits.

    All assembled vehicles, including replicas, must now be inspected for safety by an ASE certified master mechanic before they can be titled, but otherwise the rules are once again similar to what they were prior to 2013. I wouldn't be too alarmed by the passage regarding "federally required safety components required during the year in which the vehicle was assembled." The ASE inspection forms seem to indicate this refers only to that safety equipment which would actually be subject to a Texas safety inspection. That would include turn signals, for instance, but would not include airbags.

    The documentation requirements for homebuilts remain a bit murky, but it looks like the 818 should have no further trouble in Texas, at least the street version. There is one clause in the new rules which might cause difficulty for 818R builders, depending on the documentation they put together: "A vehicle designed by a manufacturer for on-track racing is not eligible for title." That's probably not terribly enforceable, but forewarned is forearmed.
    Thanks for this info, I'm in the Houston Area and only doors and windscreen and wipers away from the paperwork stuff, and I was starting to worry about the previous regs. Until now it has been ....in the future. This has considerably cheered me up.

    Thanks

    fred

  39. #39
    Senior Member ram_g's Avatar
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    I have now successfully titled and registered my roadster in Houston, so I have a bit more insight into the process.

    Blueafro's posts #33 and #34 are spot on. All kit cars will be titled as Assembled Vehicles with the year model being the year of completion, and yes they need to be signed off by an ASE Master Tech. A kit car that is a replica of something at least 25 years old can be registered as a Custom Vehicle with the huge advantage that no annual inspections are needed, ever. Something that is not a replica, or is a replica of a newer year model, must be inspected annually like any other car. So if you then live in a Texas county that includes emissions testing as part of the annual inspection, your car MUST be emissions (OBD2) compliant. AFAIK that means the Houston, Dallas-FTW, and Austin metropolitan areas, not sure about San Antonio and I don't think any other area. So if you have an 818 that is not emissions compliant, a variant of auburn2's post #27 point #3 would be to use an address in a non-emissions Texas county and then you should be good with your annual inspections.

    By the way, one unexpected wrinkle I encountered during the process was actually finding a shop in the Sugarland/Missouri City area that would/could do the ASE inspection. I visited 7 shops in person before finding one that worked. Four shops that advertised ASE Master Techs actually couldn't prove they had one - the Texas manual is VERY explicit about needing sign off from a Tech who is current in all A1 thru A8 areas and you need to submit a copy of their licensing credentials with your application. I got all manner of excuses from "he's forgotten his card today" to "he is current in everything but his certificate was lost in the mail" etc. - my conclusion being that the public never actually asks for proof so the shops get away with false advertising. But even worse than this were the 2 shops that actually had current Master Techs but flat out refused to do this inspection - "too much liability" was one guy's candid comment. Finally I found a shop (my 7th!) where the owner himself was the Master Tech and seemed to take a genuine curiousity in my build and quest - he ended up doing a pretty thorough inspection for 1 hour's labor charge and signed all my paperwork. FWIW that shop is Freedom Automotive in Stafford and the owner is John Miller. Nice guy, I'm very grateful.

    So now my title reads "2014 ASVE" with a comment "Replica 1965 Cobra", I have my Custom Vehicle plates, and I'm happy....but IMHO if I do another build it'll be another replica, not an 818.
    FFR Mk3.1 #6720. Carb'd 302. Fun.

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    Quote Originally Posted by ram_g View Post
    I have now successfully titled and registered my roadster in Houston, so I have a bit more insight into the process.

    Blueafro's posts #33 and #34 are spot on. All kit cars will be titled as Assembled Vehicles with the year model being the year of completion, and yes they need to be signed off by an ASE Master Tech. A kit car that is a replica of something at least 25 years old can be registered as a Custom Vehicle with the huge advantage that no annual inspections are needed, ever. Something that is not a replica, or is a replica of a newer year model, must be inspected annually like any other car. So if you then live in a Texas county that includes emissions testing as part of the annual inspection, your car MUST be emissions (OBD2) compliant. AFAIK that means the Houston, Dallas-FTW, and Austin metropolitan areas, not sure about San Antonio and I don't think any other area. So if you have an 818 that is not emissions compliant, a variant of auburn2's post #27 point #3 would be to use an address in a non-emissions Texas county and then you should be good with your annual inspections.

    By the way, one unexpected wrinkle I encountered during the process was actually finding a shop in the Sugarland/Missouri City area that would/could do the ASE inspection. I visited 7 shops in person before finding one that worked. Four shops that advertised ASE Master Techs actually couldn't prove they had one - the Texas manual is VERY explicit about needing sign off from a Tech who is current in all A1 thru A8 areas and you need to submit a copy of their licensing credentials with your application. I got all manner of excuses from "he's forgotten his card today" to "he is current in everything but his certificate was lost in the mail" etc. - my conclusion being that the public never actually asks for proof so the shops get away with false advertising. But even worse than this were the 2 shops that actually had current Master Techs but flat out refused to do this inspection - "too much liability" was one guy's candid comment. Finally I found a shop (my 7th!) where the owner himself was the Master Tech and seemed to take a genuine curiousity in my build and quest - he ended up doing a pretty thorough inspection for 1 hour's labor charge and signed all my paperwork. FWIW that shop is Freedom Automotive in Stafford and the owner is John Miller. Nice guy, I'm very grateful.

    So now my title reads "2014 ASVE" with a comment "Replica 1965 Cobra", I have my Custom Vehicle plates, and I'm happy....but IMHO if I do another build it'll be another replica, not an 818.
    Quick question. Did you have to get a new vin number from the state and if so what did you need to apply for that? That seems to be the only part I am not understanding from the updated documents. It is very exciting to see it is now clear that the 818 can be registered legally. I thought for sure I was going to just build the car and sell it.
    1995 Nissan Skyline GTR VSpec
    818S in progress.

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