Regulators

Having recently had the experience of bringing a Bristol into the US, I would like to share with you some of the complexities which this involves. The good news is that it is possible to bring them into the country. The bad news is that it does require time and effort. Federal and state laws are designed to make the process difficult and to turn away those who lack true conviction.

Regulations governing the use of motor vehicles exist on a state and federal level. Federal regulations consist of emissions standards (under the fold of the Environmental Protection Agency) and safety standards (dictated by the National Highway and Transportation Safety Agency). State regulations are centered on emissions, states are permitted to make emissions standards more (but not less!) strict than EPA national standards. In California, this power is wielded with terror to all classic car owners by the California Air Resources Board. Then typically, the local Department of Motor Vehicles will require some proof of compliance (along with the chain of title details) before issuing a registration. The Customs will only have had a say in acting as gatekeepers and collecting taxes.

Choosing a Car

You can make life very easy for yourself by selecting a car which is at least 25 years old. It will be exempt from all federal regulation and may be exempt from state emissions too. For instance, in New York, a car of 25 years of age does not need to pass a smog test. It will however need to pass an MOT style safety test. In California, under current law, if it was built in 1973 or earlier, it would be exempt from emissions and requires no safety test. However, be warned that the CARB is aiming to reinstate the old regime which means that all cars built after 1967 may need to pass smog. It is worth checking with your local DMV to establish which year is smog exempt.

Another good reason to avoid the smog test is that your Bristol will not have the requisite labels to tell your average smog tester what to look for. It will also lack the "check-the-box" smog devices which may result in the car failing the exam even if it runs cleaner than it needs to be!

Bristol V-8 models use standard Chrysler small block and big block engines. Locating the correct smog equipment to retrofit is not difficult but is tiresome. Avoid this burden by getting a smog exempt model!

Importing the Car

I would advise the use of a reputable shipping agent to bring the vehicle into the country. He can arrange to have the car moved in and will take car of whatever bonds and customs declarations are required.

There is a variety of importer called the "registered importer". This importer has been specially licensed by Customs to effect conforming modifications to imported cars. Being a specialist, using a registered importer is ordinarily more expensive and really is not necessary for shipping in a car which you know to be exempt. If the car is less than 25 years old, it may be worth contacting one of the few importers (they are listed at www.nhtsa.dot.gov) who specialize in European imports. Count on spending upwards of $6,000 for their services.

The NHTSA maintains a list of registered importers at www.nhtsa.dot.gov. My experience has been that they are not the most helpful people in the world until you engage their services.

Sea freight, while not the fastest means of transport, is actually less expensive than you might think. A car can be shipped from the UK for $2,000 or even from New Zealand for $3,000! While the sea journey may take a week or two, you can count on the car spending a far longer amount of time in Customs.

Customs will insist on having duty paid on the car (this is not significant, only about 2.5% of its value). They will also require an NHTSA Form HS-7 to be completed. This is the most important document in the whole process; you must be eligible to check one of twelve boxes or your car will be returning from whence it came!

1. Car is 25 years old. Easiest exemption, home free.

2. Vehicle conforms except for labels. Not applicable as Bristol did not subject 412's and 603 style cars to any US crash testing. It is typically used for Canadian spec cars which are virtually the same as US models except for labelling. A letter from the manufacturer's Canadian division would be required.

3. Vehicle does not conform but will be brought into compliance. You will need to contract with a registered importer to do the conforming work. A special bond for 150% of the dutiable value of the car needs to be put up. The registered importer must petition the NHTSA to convince them that the vehicle can conform to safety standards and add it to the "list", the process is not very expensive but takes about 4 months. If accepted, the registered importer has to perform a 200+ point check on the car and document it with photographs. The file is sent back to the NHTSA and they decide whether the car now meets safety standards. A few McLaren cars were brought into the US and modified by an importer under this option, the modifications added $60,000 to the cost of the vehicle!

4. Vehicle intended for export. Only of use when the car is passing through the country.

5. Nonresident temporary importation. If you are not a US resident and happen to be working in the US for a year, you can bring in the car for one year of personal use. You cannot resell the car in that time and you must put up a bond for the value of the car and promise to re-export it. You should also keep tax and registration up to date in the country of origin. A good way to bring the car in temporarily (particularly if the car is almost 25 years old).

6. Vehicle does not conform but you're a member of a foreign government. Of use if you are, for instance, member of a foreign embassy in the US. However, the car cannot be resold in the US.

7. Show and display. This offers an exemption from federal safety standards if you petition the NHTSA and convince them that the car has significant historical or technical value. If the NHTSA agree, they permit importation for the purpose of displaying the car for an indefinite duration so long as a 2,500 mileage limitation is adhered to. Because of the rarity of Bristol cars, I think there's probably a decent chance of getting permission letter from the NTHSA. I'll let you know if I hear of any successful attempt - the currently approved cars are Jaguar XJ220, Porsche 959, BMW Z1, McLaren F-1, Bugatti EB110 and Peugeot 205 Turbo 16! This "box" is also used for cars imported for racing and demonstration purposes.

8. Not for use on the public roads.

9. Incomplete vehicle. This exemption is designed to allow cars into the country which need to be finished in the US or subjected to a substantial manufacturing operation. I believe it is possible to use this exemption to import engineless cars which are then reconstituted as kit cars of some sort. Not the most glorious end for a Bristol.

10. Not applicable.

11. Not applicable.

12. Nonconforming vehicle owned by member of foreign armed forces. If you are part of the armed forces of a foreign country then you may bring in your Bristol for personal use during your tour of duty.

A second form, curtesy of the other agency, is the Form 3520-1 of the EPA will also be needed by Customs. Here the appropriate "boxes" are A through Y. Without going into the details, your friends are boxes E (vehicle is 21 years old), EE (letter from the manufacturer saying the vehicle is identical to the US version), M (special waiver from EPA because of extraordinary circumstances), L (racing vehicle), C, J (the car will be modified by an Independent Commercial Importer to meet required EPA standards - most Registered Importers will be ICI's also). There exists a number parallel exemptions for temporary importation by a non resident, armed forces, foreign government personnel, show and display, etc. However, the show and display exemption is more restrictive with the EPA, allowing the importation for public or business purposes, not private purposes. In effect, this will mean that car will need to be brought to an ICI even if the NHTSA deem the car to be "worthy" of an exemption. There used to be a once in a lifetime exemption from EPA requirements, that is, you could bring in one dirty polluter and to hell with it. This, to my knowledge, was eliminated a five or six years ago but the myth survives.

Getting it Registered

While you may think that the red tape has ended once the car enters the country, this is not so. Each state, as noted earlier, can decide that the EPA really is going too easy on you and you ought to have the car smogged for state purposes too.

Here the regulation becomes, to my mind, petty and unwelcome. For instance, in California, the procedure to follow is odd beyond belief. Since your Bristol does not have EPA labels and is not recorded in the California DMV's computer, you will not be able to bring it to a local smog station (despite the fact that a run of the mill Chrysler is staring up at them). The usual remedy is to request an appointment with a smog referee who will determine which pieces of smog equipment are missing from your Chrysler small block, return with pieces attached, get entered into the computer and then go down the street to your local smog station. However, the CARB insist that the smog referee really cannot do this, so they require you to visit an ICI and have him run the same test that your local smog station runs, have him issue you a certificate and then go back to the referee. Then go to the smog station, thus turning a $30 job into an expensive fiasco. The car will probably be no cleaner than it started out.

While California is undoubtedly the worst state in the Union for this, if the car is less than 21 years old, you will probably need to visit an ICI one way or another. The ICI should take care of both federal and state emissions.

Your local DMV office will also probably be unfamiliar with European imports, this means that your application will take a long time to process. Also be aware that some states will impose both a sales and a use tax on imports. These taxes in California are 8.25% each, bringing the total to a fat 16.5% on top of the registration and plate fees.

If you are only temporarily importing a car, be warned that you should carry your paperwork and importation bond with you. Most local law enforcement officers are not familiar with the exemption and may be disturbed by the foreign license plate!

Summary

If the Bristol is 25 years or older, bring it in, there's nothing holding you back except local smog laws! In California, get a 1973 or earlier car unless you want to pay extra to modify it.

If the car is between 24 and 21 years old, you are exempt from the EPA but will probably have to make some state smog modifications. You will also have to figure out some safety standards exemption such as an NHTSA "show and display" permission letter.

If the car is less than 21 years old, you will need NHTSA, EPA and state exemptions. It's time to talk to a Registered Importer. He will probably need to make emissions and safety modifications. It will be expensive. I would suggest attempting to get a "show and display" permission letter and coughing up for the smog modifications. Most Registered Importers suggest budgeting for about $6,000 for the standard case.

The foregoing is, of course, subject to change and there may be less costly alternatives which can be worked out with a reputable importer. The important message to take is simply that the process is not impossible, it's a pain sure and it can be expensive but it's possible! If the car is a certain age, I would say that it's quite easy.

Shane de Burca