The Expert Podcast

Okay, here we go again with these Japanese Kei mini trucks. There's a lot of controversy and misunderstanding about these. Even beyond these trucks, if you're looking at an import vehicle, an older vehicle, or a gray market vehicle, some of the rules and procedures work the same way. So even if you're not looking at one of these mini trucks, you want to know how these rules work.

So here is the drama with these: there is a standing rule with the importation of vehicles that if a vehicle's older than 25 years, it is exempt from certain customs and EPA regulations. This means you can get it through customs and import the truck, making it legal to import. What a lot of people don't realize is that just because you can import it doesn't mean that you're going to be allowed to drive, register, or title it. It just means the federal government will let you bring it through the port.

These trucks are designed in Japan to be used mostly for farm work and rural work, not to be used on major highways. Here's what's happening in many states: many states are realizing that these vehicles do not conform to standards for road use. So even states that allowed them for a while are now pulling the titles and registrations. This example comes from Rhode Island, where they have sent out notices to the owners of these vehicles. Even if you already have it titled and registered, you have to cancel it and bring it back. The state of Maine did it a couple of years ago, and many other states are doing the same thing. So if you're looking to buy one of these, even if your state currently allows it, be aware that at some point they may undo it.

It's technically a state-by-state issue; however, the federal government is also influencing this because they have a stake in road use and highway use. They give millions of dollars of highway funds and road district fulfillment to various jurisdictions. If they find out that a state or a county is allowing unsafe vehicles on the road, they can pull back their highway money. You might say, Well, it's not unsafe. Well, according to the federal government, it doesn't meet the standards of a road-use vehicle.

This also applies to other types of import vehicles. According to the article, the mini trucks are generally used for things like farmwork. They weigh 1,500 lbs, which is very light, and can only reach speeds of 75 mph, and that's on a good day downhill with a tailwind, right? Here's the big issue: the DMV says these Kei vehicles were never manufactured in compliance with Federal Motor Vehicle Safety Standards. They're allowed to be imported if they're more than 25 years old, but whether they're allowed on public highways is up to individual states.

Right now, it may be up to the state, but the state, when they make their rules, goes by federal guidelines. Trucks previously registered with the DMV, some for years, now have to turn in the registrations and keep the vehicles off the road. The DMV says these mini antique trucks aren't safe and pose a danger to those driving them and the public. Other antique vehicles are grandfathered because they met US safety standards at the time they were manufactured. That's the key. You can buy a 1940 Ford, and it doesn't meet the current regulations, but it did meet the regulations in 1940. If one of these vehicles, let's say, is from 1990, it doesn't meet the standards now, but it didn't meet the standards in 1990 either. So that's where the gray area comes in.

Look, we talk to DMV commissioner departments all over the country many times a year. In reality, it's likely that within the next three to five years, all these vehicles are going to be withdrawn from eligibility, and it's not going to be possible to title or register these vehicles. Even if you had one, you might have to give it back.

Where this also comes into play is if you purchase another import vehicle. We had a client who purchased an Opel from Europe. Opel sold cars in the US, but this was one that was manufactured for the European market in, I believe, the late '70s or early '80s. That particular European car did not meet the standards for the US market at that time. So in order to get it titled or registered, this owner would have had to reconfigure it to meet the standards. Some of those standards are impossible to meet if the vehicle's too narrow, doesn't have the right size frame, or is too light. So be aware that when you're purchasing a vehicle that was not originally manufactured for the US market, you have to be cautious that you may, either initially or down the road, not be able to retain a title or registration for it.