Canadian kit car laws

[Chad]

As I have been out of the kit car scene for awhile I can not comment on your post Julian other than to say that you could do it so long as it did not have the drive train and any electrical installed in the car. The bill of sale must say "Fiber Glass body For Race Track use only, can not be made or modified for street use" and "Racing Chassis only, can not be made or modified for street use". It must be just a rolling chassis only. Anytime I imported a kit car it was just a rolling chassis with the body and body parts. I provided all the drive train and electrical components which were purchased here in Canada. If the GT40R is using a custom fabricated rolling chassis then you won't have any issues. Registering it will require the above mentioned in Chris's post... little bit of a pain but worth it in the long run if it is your dream car. Worst case scenario is that you have to bring the car to an MTO structural testing center before they will issue a VIN to you. If the car chassis is well built then you won't have any issues.

Cheers,
Chad.

 

[Mark Charlton]

Chad,

By doing as you outlined, you ARE complying with TC regulations and don't need to label it as a race car for track use only. If the imported vehicle has a VIN (even without drivetrain) it will likely be branded for off-road use only and you will never be allowed to register it for road use without doing as Chris noted.

Also, TC has nothing to do with the vehicle registration at the Provincial level. As long as it has been certified roadworthy by a Provincial vehicle inspection station and you comply with other road car regulations for self-built vehicles, you're fine.

So, in shot Julian, no GT40R here unless you are happy with track-only use.

Mark

 

[Chris Martino]

It's apparent that most wanting to "import" a replica into Canada have not been able to read between the lines (and I can't blame them) after all that has been written on this subject so here's the last tips from me before I retire from this subject for good (and you didn't hear it from me...)

1) Purchase your roller with ALL APPROVED PARTS UNINSTALLED (which includes every single nut and bolt) accepted by Canada Customs / Transport Canada Kit Car Regulations (do your homework as YOU HAVE TO ASK QUESTIONS - GET ANSWERS / SUBMIT A PARTS LIST TO TC FOR APPROVAL). You'll go through a series of back and forth emails and phone calls until your parts list is deemed acceptable. From there you need to import your roller / parts with a sales receipt / parts list from the car builder siting EVERYTHING that will be coming over the border THAT WAS APPROVED BY TC / CC. Push hard / barter for critical suspension parts like hub carriers, uprights, sway bars, links etc minus shock/spring units which you can obtain through another dealer (Pro Tech, Koni etc).

2) Every part NOT APPROVED FOR IMPORT you source on your own. There is no law against purchasing/importing car parts i.e radiator made by company 'X', wire harness from JEGS, gauges from Smiths, fuel pumps from Purolator, brakes from Wilwood, engine from builder 'X', transaxle from RBT - decals from Raceline Digital etc.

3) Log ALL PARTS PURCHASED, keep receipts for your records when it comes time to register. Pass your MTO Safety Test and take your UNFIT permit to your local licensing office to get you VIN.

That's the basics. If you're not prepared, nor care to jump through the hoops required to import don't even start the process. It can take several weeks just to confirm the parts list by TC alone.

Barring that, contact those builders on this forum for information that export to Canada.

Fin.

Merry X-Mas to all.


Chris

 

[Paul Butvila]

It's about time this thread was put to bed ( hopefully )...thanks Chris for all the input, and Merry Christmas

 

[JohnR]

I just came across your forum and had to join to express my interest and frustration with the RIV and Transport Canada. I have serious interest in importing a 1988 Pontiac Fiero GT which has only had the bolt-on fiberglass/plastic body panels replaced to resemble a Ferrarri Testarossa. Due to this conversion the vehicle is classified as a Kit car. However the structural integrity and safety of the vehicle is not compromised as the car was initially designed with a space frame to accept interchangeable panels. All of the mechanical, electrical, frame, power train, suspension, brakes, and interior components remain unchanged. In fact the front hood and roof are retained in the conversion.

The following is what I have surmised thus far:

If one reviews the Registrar of Imported Vehicles (RIV) website Registrar of Imported Vehicles - Vehicle Admissibility
they have a statement under their Kit cars heading which states "......A kit car is not permitted entry unless it was assembled 15 years ago or more and the importer can submit proof of age, such as a registration document. The age of a kit car is determined by the date of assembly rather than the model year of the reproduction or the date of manufacture of a donor car. If in doubt, contact Transport Canada for a determination of the kit car's admissibility." This statement leads one to believe there is an opportunity for a kit car more than 15 years old to be admissible into Canada.

I contacted Transport Canada and was advised that any car from the United States which has been modified in any way from its original manufacture, other than regular maintenance, is not admissible into Canada no matter what age, and even if the vehicle is more than 15 years old. The Transport Canada agent advised that a vehicle which has been modified and brought to a Canadian border crossing for importation must be returned to the US or destroyed!

If this is the case, why does the RIV include their misleading statement about vehicles more than 15 years old being possibly admissible? I find this all very confusing and frustrating. The Fiero in question is registered and titled as a 1988 Fiero GT and it's only modification is the switching of the bolt-on body panels.

My last resort will be to email the contact named on this forum at Transport Canada to plead my case unless someone else has any other ideas or suggestions. Being retired, I cannot afford to lose a huge amount of money by having my replicar impounded and destroyed by CBSA.

Thank you for allowing me to join your forum and any comments or suggestions from forum members would be sincerely appreciated!
Cheers, JohnR

 

[Rick Muck- Mark IV]

John,

TC is taking a "NARROW" view of this as otherwise the many street rods and customized cars which have been imported into Canada would not have been allowed. Numerous Canadian customers buy at Barrett-Jackson and other auctions, vehicles which 'have been modified from the stock configuration" and these get into Canada.

Contact Alexandru Mates at TC and plead your case. If the car showed up at the border in an enclosed trailer and you had submitted the "Pontiac Fiero" title to Customs and they didn't look, they would never know. Now I am not suggesting that in any way but raise that point with TC. They really have no way of knowing if a car has been modified without a physical inspection and they don't look at the majority of imported vehicles.

And RIV is reknown for poor service and no knowledge and there is no recousre or appeal with RIV.

 

[SunDude (Brian)]

JohnR, I think you were given some bad information from TC. I've phoned their hotline before and been surprised at some of the misinformation I was given by the agent on the line.

You should be able to import any car from any country, as long as you can document that it is more than 15 years old. Canada's Motor Vehicle Safety Act (and related regulations) apply only to vehicles 15 years or newer, which is where the 15-yr exemption comes from.

You can always contact TC's Road Safety and Motor Vehicle Regulations Branch.

 

[Mark Bajus]

just imported a 15+ year old cobra kit car, no issues at all. You need to have PROOF of when is was born!!

 

[gg]

Hi gents,

I imported a Lamborghini replica from the US in Oct 2011 that was built over 15 years ago, proved it by the licence docs for the car, and breezed thru customs no problem whatsoever.

S

ps. may try the Fiero based replica next....

 

[Luca]

From the Canadian Federal Courts website, The Honourable Madam Justice Simpson said:

[38] While I have sympathy for Transport Canada’s position. It is hard to see that safety concerns justify Transport Canada’s view that the Container’s Contents are vehicles when as a hobby, a person can buy a car kit, locate donor parts from wrecking yards and other sources and assemble an operational car without any oversight by Transport Canada. These homemade vehicles which are cobbled together with parts from a variety of sources are legally driven on our roads if they pass provincial safety certification and registration requirements which are designed to ensure that cars are safe before they are driven. These requirements also apply to kit manufacturers cars.

[39] I cannot conclude that safety considerations justify the very broad approach to the word “capable” suggested by Transport Canada. It simply cannot be the case that the Container’s Contents, which lack wheels and an engine, can be said to be readily capable of being driven when their assembly, even in a short time, could reasonably be expected to involve several days work by experts using specialized equipment.

[40] In my view, to be readily capable of being driven, a vehicle, when imported, must have an assembled body/chassis and an installed power train so that with a minimum of activity, including steps such as the addition of fuel and washer fluid, the inflation of tires, affixing mirrors and other minor parts removed or not installed for shipping and adding a battery, the vehicle is immediately capable of being driven. This conclusion means that Transport Canada overreached its authority when it took the position that the Container’s Contents which included two partly assembled chassis/frames with no wheels and no engines were capable of being driven on a road.

No wonder people get so confused about this topic, who's to believe anymore?


Chris

Thank you for posting this Chris! It's great information, and we could use this ruling's information when negotiating with Transport Canada. Does anyone know if it is still valid/has not been overturned yet?

I'm not at the stage where I'm ready to import but in the next2 years I may be. Thank you everyone for all of your research and hard work that you have put into this forum.

Cheers,

Luca

 

[Luca]

I have a question.

I met a collector a couple years back who purchased a Zagato special edition Delta Integrale. He informed me that if you may be able to import a finished car, engine, transmission and the works if your chassis vin is from a car 15 years old. Is this correct?

I have read earlier in this forum that the age of the car is when the finished are was assembled and not the original manufacture date of the donor car, so you see where I'm getting a little confused?


Tanks for your help

Luca

 

[SunDude (Brian)]

Luca, you are correct on both counts.

The federal Motor Vehicle Safety Act and regulations apply to vehicles 15 yrs or less, which is why you may import anything from anywhere if you can prove that it is older. The gov may change this some day, but for now that's how it is.

A regular production vehicle will have a production date that can easily be verified and proven. But for kit cars (like a GT40) the production date is the month and year the kit was completed. Generally this is proven by the date the finished kit car was first registered for the road. The age of the donor vehicle or the date the kit itself was manufactured/sold to the customer are irrelevant.

I have a question.

I met a collector a couple years back who purchased a Zagato special edition Delta Integrale. He informed me that if you may be able to import a finished car, engine, transmission and the works if your chassis vin is from a car 15 years old. Is this correct?

I have read earlier in this forum that the age of the car is when the finished are was assembled and not the original manufacture date of the donor car, so you see where I'm getting a little confused?

Tanks for your help

Luca

 

[Scott Bailey]

Thanks to the past contributors of this long standing thread - it has been very helpful. I do have some remaining questions however:

1. Can anyone advise what exactly constituted "proof" for Canada Customs that a vehicle was 15+ years old? A copy of the original title showing when it was first issued seems the obvious choice however does a copy suffice? Does it need to be the original? Will a "vehicle title history" report available from most state DMV online websites suffice? Has anyone found success using some other form of proof and if so what?

2. Can anyone confirm that either Harry Bergeon or Alexandru Mates are still the proper contacts at Transport Canada Motor Vehicle Regulation Enforcement? Anyone happen to have email addresses for them or do they only respond if you contact them via phone?

Thanks in advance.

 

[Mark Charlton]

Hi Scott,

The best proof to validate the age is an actual copy of an original registration or proof thereof from a recognized government issuing office. A notarized copy should be as good.

Should your vehicle have a metal vin plate with a stamped "date of Manufacture" date shown, and the car LOOKS old (i.e., don't attach a fake plate and think they haven't seen a Superformance GT40...) that "might" suffice at the border, but I wouldn't attempt importation without vehicle history paperwork.

In my case, I submitted my paperwork to Harry and he was kind enough to write a letter confirming the car should be admissible, subject to inspection of the vehicle and paperwork at the border. With his letter in-hand everything went very smoothly and I was through in 10 minutes (really!).

Here is Harry's current contact information, and yes, he is still "the guy". There are one or two junior officers, but I'd start with Harry. I do not know the other name you mentioned.

Harry Baergen
Senior Regulatory Enforcement Officer
Transport Canada
Component Testing Importation and Audit Inspection Branch
275 Slater Street
Ottawa, Ontario K1P 5H9

Telephone : 613-998-2320
E-mail : [email protected]

Good luck!
Mark

 

[Gerhardt]

Hi David

I did send a message earlier,but am not sure that you got it. I am from South Africa and would like to build a B16.I fell in love with the car at a recent Historic racing event. Can I perhaps buy the plans and a body somewhere. We only have 1 original B16 in SA with no kit car kits available. Please help.
Regards
Gerhardt
([email protected])