Importation of Pre-1989 Vehicles

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  • WELCOME ATTENDEES Acknowledge interstate travellers Brief introduction of attendees PROPOSED AGENDA PowerPoint presentation (15-20 minutes) Which will cover pre-submitted questions Question session and Next Steps (15-20 minutes) Please help your selves to tea / coffee
  • The Australian Government maintains a number of concessional schemes for the importation of nonstandard and specialist vehicles. One of these schemes - the pre-1989 scheme - allows the importation of vehicles into Australia that were manufactured before 1 January 1989. The scheme is outlined under regulation 17 of the Motor Vehicle Standards Regulations 1989 and was introduced on 1 July 1992.
  • Vehicle Import Approvals are issued under Commonwealth law: the Motor Vehicle Standards Act 1989. The mains objects of this Act are to: Achieve uniform vehicle standards to apply to new vehicles when they begin to be used in transport in Australia; and Regulate the first supply to the market of used imported vehicles. Our focus in relation to pre-1989 vehicles is mainly the second dot point... State and territory laws govern the registration and ongoing use of vehicles once they have successfully passed through Commonwealth responsibilities.
  • A vehicle’s date of manufacture is the date a vehicle is first driven or moved from the manufacturer’s production line or production facility, after the vehicle’s body shell and power train assemblies are joined.  This is equivalent to the concept of the build date (as developed and used by Australia’s automotive industry).
  • If at some stage after this date, the vehicle has been converted by the joining of different body shell or power train assemblies outside original specifications, it is considered to be re‑manufactured.  The new date of manufacture is considered to be the date of conversion or modifications which were outside the original manufacturers specifications.
  • In assessing vehicle import applications submitted under Regulation 17 (i.e. pre-1989 vehicles) the Department needs to determine whether the vehicle is actually a pre-1989 vehicle (whether original or modified). It is therefore important to submit evidence in the form of photographs and, if necessary, lists of modifications with dates for the modifications to help Departmental staff determine the extent and nature of the particular vehicle’s conversion and when that occurred. The following photos may help clarify what we work with...
  • An example is the conversion of a passenger sedan (such as a 1930s Ford Model A). For such a project, a different power train assembly is normally installed.  The original engine may be replaced with a larger, modern or custom-built engine that is dramatically outside original specifications.  This may necessitate various other modifications to the vehicle (such as different drivelines, axles, suspension, brakes).  Typically, the modifications made to the vehicle are not marginal but are radical.  Some parts used in the conversion may be old or vintage.  Nevertheless, the vehicle is newly manufactured as a different product.  The vehicle is now a Custom Built Vehicle and the date of re-manufacture is the date of conversion.
  • A vehicle restoration does not affect the original date of manufacture. Restorations may be forced to replace various components (e.g. with the best available fit) to effect repairs, due to the unavailability of exact original equipment. An older historic car would typically have many components that have been reconditioned or replaced over the vehicle’s lifetime.  Plus, restorations may customise the vehicle to a certain extent (e.g. body paint, upholstery and trim in non-original colours). Nevertheless, original formats and original specifications for the body shell and power train assemblies are retained.
  • One popular type of conversion is the production of replica cars from components of different makes or models.  An example is the conversion of a 1970s Volkswagen Beetle into a replica 1956 Porsche 356.  The original Beetle chassis is usually joined with a fibreglass body kit featuring the dimensions and styling of the Porsche model.  The vehicle is no longer considered to be a Volkswagen Beetle.  Rather, it is now a Replica Porsche (with the date of re-manufacture being the date of conversion).
  • The photos are sometimes not enough and further evidence is needed to help determine the date of manufacture…
  • So please tell your members and customers…
  • I can confirm that there has been no change in the definition of when a vehicle is modified or converted after original manufacture. Nor has there been any other relevant change made to the federal requirements for importing vehicles. The Department has tightened administration of the pre-1989 scheme. Please send me details of anyone of your members or customers who have not had a decision on their vehicle
  • Questions?
  • Importation of Pre-1989 Vehicles

    1. 1. Importation of Pre-1989 Vehicles Motor Vehicle Standards Regulation 17 Information Session for Industry and Peak Body Representatives Canberra – Friday, 16 July 2010
    2. 2. Regulation 17 <ul><li>Approval to import vehicles of a certain age without identification plates </li></ul><ul><ul><li>The Minister must approve an application to import a nonstandard road vehicle, or a vehicle that does not have an identification plate, if the vehicle was manufactured before 1 January 1989. </li></ul></ul>
    3. 3. Key Points to Note <ul><li>Vehicle manufactured before 1 January 1989 </li></ul><ul><li>Minister must approve </li></ul>
    4. 4. Definition of Manufacture The date of manufacture is the date the vehicle was first driven or moved from the manufacturer’s production line or production facility, after the vehicle’s body shell and powertrain assemblies were joined.
    5. 5. Definition of Manufacture (cont’d) A vehicle is converted if different body shell or powertrain assemblies – that are outside original specifications – are joined. The date of conversion is the date the vehicle is first driven or moved from the workshop or facility, after these different body shell or powertrain assemblies are joined.
    6. 6. How do we determine whether the vehicle has been modified? <ul><li>Evidence by applicants includes: </li></ul><ul><ul><li>pictures of the vehicle; and </li></ul></ul><ul><ul><li>lists of modifications (including any known dates of when the modifications occurred. </li></ul></ul>
    7. 7. How do we determine whether the vehicle has been modified? (cont’d) 1931 Ford Model A, Approved 21/1/2010 1931 Ford Model A, Refused 17/3/2010
    8. 8. How do we determine whether the vehicle has been modified? (cont’d) 1929 Ford Model A, approved 10/2/2010
    9. 9. How do we determine whether the vehicle has been modified? (cont’d) 1928 Ford Model A, approved 14/5/2010
    10. 10. How do we determine whether the vehicle has been modified? (cont’d) 1966 Ford Mustang, approved 26/2/2010
    11. 11. How do we determine whether the vehicle has been modified? (cont’d) 1968 Ford Mustang, approved 21/6/2010
    12. 12. How do we determine whether the vehicle has been modified? (cont’d) 1959 Chevrolet Corvette, approved 2/6/2010
    13. 13. How do we determine whether the vehicle has been modified? (cont’d) 1957 Cadillac Eldorado, approved 19/4/2010
    14. 14. How do we determine whether the vehicle has been modified? (cont’d) 1963 Jaguar E Type, approved 6/3/2010
    15. 15. How do we determine whether the vehicle has been modified? (cont’d) 1986 Porsche 911, approved 4/5/2010
    16. 16. How do we determine whether the vehicle has been modified? (cont’d) 1959 Mercury Monterey, approved 15/2/2010
    17. 17. How do we determine whether the vehicle has been modified? (cont’d) 1953 Buick Special, approved 4/6/2010
    18. 18. How do we determine whether the vehicle has been modified? (cont’d) 1930 Ford Model A, refused 3/3/2010
    19. 19. How do we determine whether the vehicle has been modified? (cont’d) 1932 Ford Coupe, refused 31/5/2010
    20. 20. How do we determine whether the vehicle has been modified? (cont’d) 1932 Ford Coupe, refused 31/5/2010
    21. 21. How do we determine whether the vehicle has been modified? (cont’d) 2009 Replica Porsche, refused 18/3/2010
    22. 22. How do we determine date of manufacture? <ul><li>Evidence by applicants includes: </li></ul><ul><ul><li>the fact that the vehicle is an obsolete make or model, where the production run ceased prior to 1 January 1989 </li></ul></ul><ul><ul><li>the structure of the vehicle identification number (VIN). Some VINs include a code for the vehicle’s model year </li></ul></ul><ul><ul><li>a copy of the vehicle’s registration or purchase documents </li></ul></ul>
    23. 23. How do we determine date of manufacture? (cont’d) <ul><li>Evidence by applicants includes: </li></ul><ul><ul><li>a statement from the manufacturer; </li></ul></ul><ul><ul><li>evidence may be available that the vehicle was exhibited pre-1989; or </li></ul></ul><ul><ul><li>the applicant could approach one of the prior owners or converters. </li></ul></ul>
    24. 24. To apply for a vehicle import application: <ul><li>a completed application form </li></ul><ul><li>$50 application fee </li></ul><ul><li>a copy of the vehicle’s purchase document </li></ul><ul><li>a copy of your picture ID </li></ul><ul><li>a recent photo of the vehicle </li></ul><ul><li>(if necessary) evidence on date of manufacture </li></ul><ul><li>(if necessary) details & date of vehicle conversion </li></ul>
    25. 25. Questions Raised by Invitees: Q1 What is the Department’s guidance material for converted vehicles? The criterion for the pre-1989 scheme is set out under regulation 17.  Guidance material is set out under VSB10.  The scheme is based on a vehicle’s date of manufacture (or, in the case of converted vehicles, the date of re-manufacture).  This is not a technical matter, but a question of fact to be determined on the evidence.
    26. 26. What if original documentation is unavailable? It is accepted that original factory documents for early (e.g. 1930s) vehicles may be unavailable. The purpose is not to pinpoint the exact date of manufacture (or conversion). The Department seeks evidence that places the date of manufacture (or conversion) before 1989. Questions Raised by Invitees: Q2
    27. 27. Questions Raised by Invitees: Q2 (cont’d) <ul><li>What if original documentation is unavailable? </li></ul><ul><li>A variety of evidence can potentially be used by applicants. </li></ul><ul><ul><li>The vehicle’s registration documents may show that the vehicle was in its current form pre‑1989. </li></ul></ul><ul><ul><li>Evidence may be available that the vehicle was exhibited pre-1989. </li></ul></ul><ul><ul><li>Alternatively, the applicant could approach one of the prior owners or converters. </li></ul></ul>
    28. 28. Questions Raised by Invitees: Q3 What provisions exist for the import of hot rods where the intention is to use the vehicle as a project for a vehicle restoration? The pre-1989 scheme is based on the vehicle’s date of manufacture.  The scheme is not based on the future intention of the applicant.
    29. 29. Questions Raised by Invitees: Q4 <ul><li>How does the Department resolve Customs issues once a vehicle import approval is issued? </li></ul><ul><li>Once the vehicle import approval has been issued, any further issues relating to the release of the vehicle from Customs Control should be taken up with the Australian Customs and Border Protection Service. </li></ul><ul><ul><li>This includes matters such as the payment of GST and customs duty. </li></ul></ul><ul><ul><li>Similarly, quarantine matters are handled by the Australian Quarantine and Inspection Service. </li></ul></ul>
    30. 30. Questions Raised by Invitees: Q5, Q6 Vehicles may have been purchased before the recent tightening of the administration of the scheme (January 2010).  Plus, vehicles may have been purchased before the recent updates to VSB10.  How are these vehicles handled? There has been no change made to the requirements for importing vehicles under the pre-1989 scheme. The same policy has been applied since the scheme’s introduction in 1992.
    31. 31. Questions Raised by Invitees: Q5, Q6 (cont’d) Vehicles may have been purchased before the recent tightening of the administration of the scheme (January 2010).  Plus, vehicles may have been purchased before the recent updates to VSB10.  How are these vehicles handled? There has been no amendment to the definition of when a vehicle is modified or converted. The Department has recently tightened administration of the scheme after abuses were detected, to prevent these abuses from recurring. There is no transitional or “grandfathering” arrangement.
    32. 32. Questions Raised by Invitees: Q7 <ul><li>How far is the term modifications going to go? </li></ul><ul><li>A vehicle is considered to have been re-manufactured if different body shell or power train assemblies (that are outside the original manufacturer’s specification) are joined. </li></ul><ul><ul><li>If the body shell is chopped or a different power train is assembled, and the new engine has a much higher power output . </li></ul></ul><ul><ul><li>The date of manufacture of this vehicle is taken to be when these modifications were made. </li></ul></ul>
    33. 33. Questions Raised by Invitees: Q7 (cont’d) <ul><li>How far is the term modifications going to go? </li></ul><ul><li>A vehicle restoration does not affect the original date of manufacture. </li></ul><ul><ul><li>For example, an original vehicle may have new paintwork applied, the mechanical components reconditioned or replaced, including new suspension or brakes, and the interior re‑upholstered. </li></ul></ul>
    34. 34. Questions Raised by Invitees: Q8 What role does the US Title play? It is accepted as evidence for ownership of the particular vehicle it is not accepted as a means of establishing the date of manufacture.
    35. 35. Summary Statistics <ul><li>In the six months to June 2010: </li></ul><ul><ul><li>5,629 import approvals were granted under Regulation 17 </li></ul></ul><ul><ul><li>24 applications to import vehicles as pre-1989 vehicles were rejected </li></ul></ul>

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