California Amnesty

[crash]

I just received a document that explains, well it's partially a government document so the term "explains" is loosely used, what you need to do if you have a vehicle that is not up to regulations in California. It sounds like there has been a one time allowance type of program to get everything up to speed, so to speak. Since this program is coming to a close, I thought it might be helpful to pass this along to others.

California Finalizes Program to Provide Amnesty to Owners of Illegally Titled/Registered Specially Constructed Vehicles

Beginning July 1, 2011, an amnesty program to allow proper registration of previously-registered SPCNS went into effect. The program is slated to conclude on June 30, 2012 – roughly 16 weeks remain (as of March 12, 2012). For owners that may have misrepresented the value of the vehicle or its model year at initial registration, this law provides a method to obtain legal title/registration. Eight months of the amnesty period have passed, during which time administrative issues arose involving the Bureau of Automotive Repair (BAR) and the Department of Motor Vehicles (DMV).
These solutions permit these vehicles to demonstrate compliance with current BAR smog-check tailpipe emissions requirements, in addition to providing amnesty for owners that have knowingly made false statements regarding the value of these vehicles, the year of manufacture or knowingly falsified any other facts in documents filed with the DMV or Highway Patrol. Owners of vehicles that are subject to the smog laws and choose to pursue compliance may install one of several OEM engines and related powertrain components that are intended to meet state emissions compliance requirements. Depending on the application, owners can also choose to install a “retrofit kit” of parts which may allow smog check tailpipe compliance. Major components in the kit include an aftermarket electronic fuel injection (EFI) system, EFI controller, exhaust headers, camshaft, mufflers and catalytic converters.

It’s important to remember that amnesty applicants cannot apply for an available SB 100 exemption certificate at the same time the applicant applies for amnesty. The vehicle must be correctly registered before applying for an SB 100 certificate. An amnesty applicant whose vehicle failed the smog test must return all application documents to the DMV, including the failed smog test result, a soon as possible so the pending application can be completed and the vehicle correctly registered. Currently, 370 SB 100 certificates remain available for 2012. See dmv.ca.gov/vr/spcns.htm for additional information.
As finalized by the DMV, to follow are the methods to achieve compliance:
• The owner of a previously registered specially constructed (SPCNS) vehicle with a prior SB 100 smog exemption applies for amnesty, submits all required documentation, and pays all fees due. The vehicle will be assigned a 2012 model-year and referred to the Bureau of Automotive Repair (BAR). If the vehicle fails the smog test, the vehicle is disqualified under the amnesty program. The amnesty applicant will need to return to the Department of Motor Vehicles (DMV) with the application documents including the failed smog test result so DMV can close the pending application as an application to correct an under-reported value only and correctly register the vehicle. The SB 100 exemption will be retained and the 2012 model-year assigned as part of the amnesty application will be removed. The owner would not need to reapply for a SB 100 certificate.
• The owner of a previously registered SPCNS vehicle without a prior SB 100 smog exemption applies for amnesty, submits all required documentation, and pays all fees due. The vehicle will be assigned a 2012 model-year and referred to BAR. If the vehicle fails the smog test, the vehicle is disqualified under the amnesty program. The amnesty applicant will need to return to DMV with the application documents including the failed smog test result so DMV can close the pending application as an application to correct an under-reported value only and correctly register the vehicle. The owner may apply for an available SB 100 certificate of sequence once the vehicle has been correctly registered provided the vehicle meets the definition of a SPCNS vehicle.
• The owner of a previously registered SPCNS vehicle that was misrepresented as the make and year-model of the vehicle it resembles (i.e. SPCNS vehicle misrepresented as a 1965 Cobra), applies for amnesty, submits all required documentation, and pays all fees due. The make will be corrected to SPCNS. The vehicle will be assigned a 2012 model-year, and referred to BAR. If the vehicle fails the smog test, the vehicle is disqualified under the amnesty program. The amnesty applicant will need to return to the DMV with the application documents including the failed smog test result so DMV can close the pending application as an application to correct the make, year-model, and under-reported value only and correctly register the vehicle. The vehicle will be subject to applicable smog requirements. The owner may apply for an available SB 100 certificate of sequence once the vehicle has been correctly registered provided the vehicle meets the definition of a SPCNS vehicle.
• The owner of a previously registered vehicle that is not a SPCNS vehicle, with the correct make and year model (i.e. a real 1965 Cobra), for which the value was misrepresented (under-reported) when the vehicle was registered and titled applies for amnesty and pays all fees due. This vehicle will not be referred to BAR since it is exempt from smog requirements based on the year-model. The vehicle qualifies for amnesty and the application will be cleared as an application for under-reported value correction.
Finalizing these options has required years of effort and separate pieces of legislation. Discussions with state agencies to ensure fair implementation of the program have absorbed additional time. Unfortunately, these delays have resulted in only 16 weeks remaining in the amnesty program provided for in the law. After the amnesty program concludes, these vehicle owners will again be subject to prosecution at the discretion of law enforcement agencies.

[rj35pj]

Wow, I'm glad I don't live in California....

[CJBergquist]

That gives me a headache. I have an SB100 certificate but I haven't completed the registration process yet...I pushing for later this year...I sure hope this doesn't mess up what seemed like a simi straightforward "government" process. Have you posed this on the "other" forum?

[Movieman]

Sounds like a pure "Money grab" to me..and yea, glad I don't live in California!

[Russ Thompson]

This has been going on for awhile and yes, Ca. is trying to collect taxes on the cars that were licensed before SB100 They are looking at $100,000 hot rods that paid almost nothing because the guy paid $100 for a frame they didn't even use! :-) And they based the cost on these low prices.

[riptide motorsport]

SOmehow I think alot of people who go with this "amnesty" will be getting screwed...I would just keep hiding behind my rock.

[nodoze]

Does this mean that ffr roadster can no longer be registered as a 65 cobra, but as 2012 kit car? Does this imply that even with sb100 certificate it would have to meet 2012 emission requirements?

[Hankl]

Does this mean that ffr roadster can no longer be registered as a 65 cobra, but as 2012 kit car? Does this imply that even with sb100 certificate it would have to meet 2012 emission requirements?

The Roadster could never be registered as a "65 Cobra" under SB100, but it is exempt from smog if titled by the body configuration. This amnesty has nothing to do, as Russ said with SB100 cars. CA DMV is after the type of cars Boyd Coddingtion and the like built, again as Russ said, using a old frame, as the basis for the title, but fraudulently used a completely new frame, and new if not completely new parts to construct a car. SB100 cars do not have to comply with SMOG. PERIOD!!

In 1998, financial trouble due to a $465,000 loss from a bankrupt customer led Coddington to re-organize Boyd's Wheels and partner with his eldest son (Boyd Coddington Jr.).
His designs, with centrally featured, scratch-built components, appropriated the foundation of a vintage automobile. 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.[12]

Hank

[Ray]

Some information about this:

http://www.sportscarmarket.com/colum...cks-won-t-wash

Attorney General Lockyer Files Charges in Massive Vehicle Registration Fraud Case
False Title and Registration Documents Cost California Millions in Lost Tax Revenues

July 16, 2003
03-087
FOR IMMEDIATE RELEASE
(916) 324-5500

(SACRAMENTO) – Attorney General Bill Lockyer today announced he has filed criminal charges against an Alabama man accused of providing fraudulent title and registration documents that are believed to have cost California more than $1 million in tax revenues and license fees over the past two years, and as much as $14 million since 1975.

"This scam operation provided false information that low-balled the value of antique, classic and specialty cars, allowing the owners to avoid paying millions of dollars in taxes and vehicle registration fees," Lockyer said. "Our joint investigation leads us to suspect between 20,000 and 70,000 vehicles have been fraudulently registered in California through similar schemes. At a time when the state is facing such a severe budget crisis, scams like this are especially egregious and will be prosecuted."

Richard Weaver, 54, of Birmingham, Ala., will be arraigned at 10:30 a.m. Thursday in Sacramento Superior Court, Department 8. In his complaint, the Attorney General charges Weaver with 18 counts of offering false bills of sale and vehicle registrations through his business, Titles Unlimited, which also does business as Pinson Valley Auto Sales. Weaver faces a maximum punishment of 14 years and four months.

The joint investigation was conducted by the Attorney General's Office, the Yolo County District Attorney's Office and the Sacramento Valley Hi-Tech Crimes Task Force, which includes attorneys, agents and officers from the Attorney General's Office and Sacramento County Sheriff Lou Blanas' office. Also assisting were the California Department of Motor Vehicles (DMV) and the California Highway Patrol.

The investigation was launched in October 2001, when the Yolo County District Attorney's Office began looking into the fraudulent registration of a 2000 Superformance Cobra that had been titled in Alabama. Former Woodland police officer Terry Brown purchased the vehicle without an engine or transmission for $37,480. He installed a new Ford MotorSport 351/392 CID 430-horsepower engine, bringing the value of the completed vehicle to $51,358.

For a $200 fee, Brown filled out an application for a bill of sale with Titles Unlimited, doing business as Pinson Valley Auto Sales. Titles Unlimited registered Brown's vehicle in Alabama as a 1965 Ford Cobra convertible valued at $13,500, and then reconveyed title to Brown. Brown then used that document to fraudulently register his vehicle with the DMV. The Attorney General's Office prosecuted Brown, who pled guilty in April 2002 to making a false statement to the DMV. Brown was required to perform 80 hours of community service, correctly register his vehicle and pay $655 in registration fees and $2,375 in taxes.

According to the Attorney General's office, Weaver knew his bills of sale to California customers would be used to fraudulently register their vehicles. On the Titles Unlimited website, individuals are specifically told: "‘Price' is the same price as you wish to have on the papers back to you. Since in some states you may be required to pay sales tax on this price, be careful not to make it too high or too low."

Titles Unlimited customers also are instructed: "Take ONLY your registration, the letter from the issuing state that we send you stating that the registration IS YOUR TITLE, and the BILL OF SALE from OUR DEALER to you. THIS IS VERY IMPORTANT!!!"

The joint investigation found that 513 Titles Unlimited vehicles have been registered in California since 2000. The Titles Unlimited website states that the company has "processed over 30,000 automobile titles in the past 28 years." The Attorney General's office conservatively estimates that Titles Unlimited for the past 28 years has provided documentation for more than 4,000 cars registered in California.

As part of the investigation, the California Highway Patrol assisted in the service of search warrants on vehicles in Northern California that had been registered through Pinson Valley Auto Sales. Owners of 17 of the vehicles are expected to be granted immunity in exchange for their testimony regarding Titles Unlimited and Pinson Valley Auto Sales. They also will be required to legally re-register their vehicles and pay appropriate monetary penalties to the DMV

In addition, the investigation led to the identification of at least three other companies suspected of conducting similar operations. The state believes between 20,000 and 70,000 vehicles may have been registered in Californian using these fraudulent schemes.

Ray

[nodoze]

Thanks guys.

[Sailor]

Funny how California is one of the if not the biggest place for hot rodders yet the state comes down retardedly hard on them tax and emissions wise. Glad I don't live there.

[nodoze]

Is there a web site that shows the number of SB100 certificates available? I thought that they were usually gone by the 1st day of the new year.

[Smitty911]

July 16, 2003
03-087
FOR IMMEDIATE RELEASE
(916) 324-5500

(SACRAMENTO) –SNIP "At a time when the state is facing such a severe budget crisis, scams like this are especially egregious and will be prosecuted."

Fast forward several years and the same quote applies. When Moonbeams converge.

Glad to know the SB100 Certs are smog exempt.

Smitty

[Russ Thompson]

They used to be gone by day one because people paniced and felt they had to gety one even if their car was not going to be finished the same year. I think now you'll see they are available for several months. I think there is a way to check but I do not know where that is, sorry.
You might just call DMV in Sac and ask.

[tirod]

In related news, Italians authorities are flagging Ferrari owners and combing thru their tax declarations to see if the rich were playing fast and loose about the actual value of the cars.

It would seem the socialist governments of the world are playing off each others game plan.