Transferring prior SB100 cobra back to CA - need help

[compuatic]

Hi all,
I would like to ask your help with this issue I am facing. I just purchased a California build FFR. The original builder took the car through the SB100 process and had it registered in CA. It was later sold and transferred to another state. I just bought it and brought it back to CA hoping that the prior SB100 would make the title transfer and registration process easy.

I went to the Santa Clara DMV yesterday to do a transfer and they didn't know what to do. The manager called the field office today and called me back saying that I have to take the car through the SB100 process again as it is non-transferable. I would appreciate if anyone here with knowledge in this can confirm / deny this and advise me on what to do next to get this car transferred and registered.

Thank you for your time

[acmikee]

is the SB100 sticker still on the car

[compuatic]

Yes it is

[JohnK]

I'm far from an expert on the SB100 process, but I've read a bit about it as I'm about to start it myself. This doesn't sound right to me. Once a car has been through the SB100 process and has an SPCNS number and VIN, then it's just a "regular" car from that point on. I've never heard of these not being transferrable. I'd seek out someone more familiar with the process. I've heard that the Los Gatos DMV is more familiar with the SB100 process (lucky for me, as I live just down the street from it). May be worth a trip over there, as you're not too far away in Santa Clara. Good luck!

-John

[acmikee]

is the number that calif assigned on the spcn sticker on the title that you have match there should also be a rivited number on the frame

[Alan_C]

I built my MK4 in CA and later moved to and registered the car in AZ. I sold the car in 2018 to a CA buyer. He had no issue with the original SB100 and his registration was not an issue. He actually started the process in Needles CA on his drive back home North of Sacramento. Times change and so does the rules, but like others have mentioned, try another DMV office to see if those representatives are more knowledgeable.

[David Hodgkins]

That doesn't sound right to me either. The SPCNS designation is tied to the car and is supposed to be for "life". Definitely seek another DMV's (or more if needed) opinion.

Please keep us informed of your progress!

[compuatic]

I appreciate the help. I will try the Los Gatos DMV and see how that goes.

[Dave 53]

I did my SB100 at the Pleasanton DMV. If the random window clerk doesn't understand it, the manager that has been there every time I have is an SB100 expert. My DMV experience there was effortless. I'd like to think a change of ownership of a titled Specialty Construction would also be effortless (perhaps with the manager's help).

[compuatic]

I went to a the Los Gatos DMV yesterday. The car does have the SB100 sticker and I took an image of it to the DMV. The lady helping me started with a standard out of state transfer and sure enough got a prompt to do the smog. I told her that this is incorrect and that she needs to do it another way since this is an SB100 kit car. she spoke with the manager who actually came to help and did some magic in the computer. Apparently using SPCN as the make did the trick. I paid the fees and she asked me to come back with the car to do the VIN verification.

I went back today and did the VIN then went back inside to the same lady to finish the paperwork. When she tried to do it the system asked her for SMOG again! she and the manager genuinely tried to help and couldn't figure out why yesterday the computer seemed OK and now it isn't. The manager took all my paperwork to investigate and said she will investigate and call me back tomorrow.... Patience and Prayers...

[Joel Hauser]

The relevant section of SB100 are found in Cal. Health & Safety Code § 44017.4 (West). The last two paragraphs read, “(b) Upon the completion of the inspection, the referee shall affix a tamper-resistant label to the vehicle and issue a certificate that establishes the engine model-year or the vehicle model-year, and the emission control system application.
(c) The Department of Motor Vehicles shall annually provide a registration to no more than the first 500 vehicles that meet the criteria described in subdivision (a) that are presented to that department for registration pursuant to this section. The 500-vehicle annual limitation does not apply to the renewal of registration of a vehicle registered pursuant to this section. Cal. Health & Safety Code § 44017.4 (West)

I’m guessing that the problem is that DMV and its computer do not think you are “renewing” a registration. I think you need to persuade them that once that tamper-resitant label has been affixed to the car, any time the car is registered, it should be registered based upon that label. Cal. Veh. Code § 671 (West) reads, “(b) Whenever a vehicle is constructed of component parts identified with one or more different vehicle identification numbers, the vehicle identification number stamped or affixed by the manufacturer or authorized governmental entity on the frame or unitized frame and body, as applicable, and as defined in Section 670.5, shall determine the identity of the vehicle for registration purposes.” Since your car was given the SB100 label, and exemptions, I think a fair argument can be made that that is it’s identity, regardless when or to whom it is registered.
Good Luck

Here is the text of some of the relevant sections of the Law.

§ 44017.4. Specially constructed passenger vehicles or pickup trucks; inspection requirements; determination of engine model-year or vehicle model-year; registration restrictions
Currentness
(a) Upon registration with the Department of Motor Vehicles, a passenger vehicle or pickup truck that is a specially constructed vehicle, as defined in Section 580 of the Vehicle Code, shall be inspected by stations authorized to perform referee functions. This inspection shall be for the purposes of determining the engine model-year used in the vehicle or the vehicle model-year, and the emission control system application. The owner shall have the option to choose whether the inspection is based on the engine model-year used in the vehicle or the vehicle model-year.
(1) In determining the engine model-year, the referee shall compare the engine to engines of the era that the engine most closely resembles. The referee shall assign the 1960 model-year to the engine in any specially constructed vehicle that does not sufficiently resemble a previously manufactured engine. The referee shall require only those emission control systems that are applicable to the established engine model-year and that the engine reasonably accommodates in its present form.
(2) In determining the vehicle model-year, the referee shall compare the vehicle to vehicles of the era that the vehicle most closely resembles. The referee shall assign the 1960 model-year to any specially constructed vehicle that does not sufficiently resemble a previously manufactured vehicle. The referee shall require only those emission control systems that are applicable to the established model-year and that the vehicle reasonably accommodates in its present form.
(b) Upon the completion of the inspection, the referee shall affix a tamper-resistant label to the vehicle and issue a certificate that establishes the engine model-year or the vehicle model-year, and the emission control system application.
(c) The Department of Motor Vehicles shall annually provide a registration to no more than the first 500 vehicles that meet the criteria described in subdivision (a) that are presented to that department for registration pursuant to this section. The 500-vehicle annual limitation does not apply to the renewal of registration of a vehicle registered pursuant to this section.
Cal. Health & Safety Code § 44017.4 (West)

§ 580. Specially constructed vehicle
Currentness
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. Cal. Veh. Code § 580 (West)

§ 671. Vehicle identification number
(b) Whenever a vehicle is constructed of component parts identified with one or more different vehicle identification numbers, the vehicle identification number stamped or affixed by the manufacturer or authorized governmental entity on the frame or unitized frame and body, as applicable, and as defined in Section 670.5, shall determine the identity of the vehicle for registration purposes. Cal. Veh. Code § 671 (West)

I also came across this interesting case that addressed registration of an original Shelby Cobra. Talk about a registration nightmare. “Plaintiffs Charles R. Foster and Darcy E. Foster purchased a vehicle from another individual in the 1980's. The vehicle was originally manufactured in the early 1960's as a Shelby Cobra. The vehicle purchased by plaintiffs, however, did not contain the manufacturer's original frame and instead consisted of a newly fabricated frame among other new parts. The prior owner also cut out the area of the original frame that contained the vehicle identification number (VIN) and then had the same VIN stamped into the newly fabricated frame without authorization from defendant Department of Motor Vehicles (DMV). After plaintiffs bought the vehicle, the vehicle was physically inspected by defendant Department of the California Highway Patrol (CHP) on more than one occasion, and the DMV allowed plaintiffs to register the vehicle under the original VIN for approximately 20 years. In 2007, the DMV indicated to plaintiffs that it was considering whether to register the vehicle as a “specially constructed vehicle” (Veh.Code, § 580)1 with a new VIN. Plaintiffs believed that such a registration would substantially diminish the value of the vehicle.” Foster v. Dep't of Motor Vehicles, No. H041107, 2016 WL 69892, at *1 (Cal. Ct. App. Jan. 5, 2016)

[compuatic]

Updates:

I proactively called the BAR referee Thursday morning and left them a message. The manager called me back and said "this issue happens all the time". He said that since the car left CA and came back, the smog exemption records in the DMV system got wiped out. They can go in and fix this. He said that he will submit a request to add it back in the system and send me an email when done.

Meanwhile... the Manager at the Los Gatos DMV called me back. She said that they placed the case under "suspense" after discussing it with Sacramento. The paperwork will be shipped to Sacramento and they can fix it there. She asked me to come in and pickup the plates, tags, and temp registration in the meantime.


I went, picked up the plates and tags. At least now the car is temporarily street legal.

After picking up the plates I got an email from the BAR Referee manager confirming that it's done and I can go back to the DMV to get the registration complete.

Saturday I went to the local AAA DMV desk and asked the clerk there to check if the registration in the system has been cleared. He said that since it was placed on suspense, we have to wait until Sacramento does it and responds in the mail.

The saga continues with some progress. To their credit, the DMV employee, manager, and BAR manager have been very helpful. Too bad the system itself is broken and operates in open loop.

[Fman]

Glad you are making progress, your solution is much better than going through the entire SB process again. The CA DMV never makes life easy for anyone. Hope you get it all wrapped up and at least you can drive the car in the process.

[lewma]

The DMV in CA is a lottery. What you can get done totally depends on who is sitting on the other side of the desk and how motivated they are to help you. I was lucky with my SB100 process in that I had some really helpful people. One of them had never even heard of the SB100 process but wanted to learn how to do it on the spot with my application

good luck, hope it all works out.