Importation of Pre-1989 Vehicles Motor Vehicle Standards Regulation 17 Information Session for Industry and Peak Body Representatives Canberra – Friday, 16 July 2010

Regulation 17 Approval to import vehicles of a certain age without identification plates 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.

Key Points to Note Vehicle manufactured before 1 January 1989 Minister must approve

Definition of Manufacture The date of manufacture is the date the vehicle was first driven or moved from the manufacturers production line or production facility, after the vehicles body shell and powertrain assemblies were joined.

Definition of Manufacture (contd) 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.

How do we determine whether the vehicle has been modified? Evidence by applicants includes: pictures of the vehicle; and lists of modifications (including any known dates of when the modifications occurred.

How do we determine whether the vehicle has been modified? (contd) 1931 Ford Model A, Approved 21/1/ Ford Model A, Refused 17/3/2010

How do we determine whether the vehicle has been modified? (contd) 1929 Ford Model A, approved 10/2/2010

How do we determine whether the vehicle has been modified? (contd) 1928 Ford Model A, approved 14/5/2010

How do we determine whether the vehicle has been modified? (contd) 1966 Ford Mustang, approved 26/2/2010

How do we determine whether the vehicle has been modified? (contd) 1968 Ford Mustang, approved 21/6/2010

How do we determine whether the vehicle has been modified? (contd) 1959 Chevrolet Corvette, approved 2/6/2010

How do we determine whether the vehicle has been modified? (contd) 1957 Cadillac Eldorado, approved 19/4/2010

How do we determine whether the vehicle has been modified? (contd) 1963 Jaguar E Type, approved 6/3/2010

How do we determine whether the vehicle has been modified? (contd) 1986 Porsche 911, approved 4/5/2010

How do we determine whether the vehicle has been modified? (contd) 1959 Mercury Monterey, approved 15/2/2010

How do we determine whether the vehicle has been modified? (contd) 1953 Buick Special, approved 4/6/2010

How do we determine whether the vehicle has been modified? (contd) 1930 Ford Model A, refused 3/3/2010

How do we determine whether the vehicle has been modified? (contd) 1932 Ford Coupe, refused 31/5/2010

How do we determine whether the vehicle has been modified? (contd) 1932 Ford Coupe, refused 31/5/2010

How do we determine whether the vehicle has been modified? (contd) 2009 Replica Porsche, refused 18/3/2010

How do we determine date of manufacture? Evidence by applicants includes: the fact that the vehicle is an obsolete make or model, where the production run ceased prior to 1 January 1989 the structure of the vehicle identification number (VIN). Some VINs include a code for the vehicles model year a copy of the vehicles registration or purchase documents

How do we determine date of manufacture? (contd) Evidence by applicants includes: a statement from the manufacturer; evidence may be available that the vehicle was exhibited pre-1989; or the applicant could approach one of the prior owners or converters.

To apply for a vehicle import application: a completed application form $50 application fee a copy of the vehicles purchase document a copy of your picture ID a recent photo of the vehicle (if necessary) evidence on date of manufacture (if necessary) details & date of vehicle conversion

Questions Raised by Invitees: Q1 What is the Departments 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 vehicles 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.

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 Questions Raised by Invitees: Q2

Questions Raised by Invitees: Q2 (contd) What if original documentation is unavailable? A variety of evidence can potentially be used by applicants. The vehicles registration documents may show that the vehicle was in its current form pre Evidence may be available that the vehicle was exhibited pre Alternatively, the applicant could approach one of the prior owners or converters.

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 vehicles date of manufacture. The scheme is not based on the future intention of the applicant.

Questions Raised by Invitees: Q4 How does the Department resolve Customs issues once a vehicle import approval is issued? 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. This includes matters such as the payment of GST and customs duty. Similarly, quarantine matters are handled by the Australian Quarantine and Inspection Service.

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 schemes introduction in 1992.

Questions Raised by Invitees: Q5, Q6 (contd) 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.

Questions Raised by Invitees: Q7 How far is the term modifications going to go? A vehicle is considered to have been re-manufactured if different body shell or power train assemblies (that are outside the original manufacturers specification) are joined. If the body shell is chopped or a different power train is assembled, and the new engine has a much higher power output. The date of manufacture of this vehicle is taken to be when these modifications were made.

Questions Raised by Invitees: Q7 (contd) How far is the term modifications going to go? A vehicle restoration does not affect the original date of manufacture. 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.

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.

Summary Statistics In the six months to June 2010: 5,629 import approvals were granted under Regulation applications to import vehicles as pre-1989 vehicles were rejected