Direct Import Vehicles Over 25 Years Old To Hawaii

R35, R34, R33, R32, Hakosuka

Updates : Support HB737 to allow vehicles over 25 years old to registered in Hawaii

Hawaii. First off sorry Hawaii. For what I have seen so far, researching with a customer, Hawaii makes it very difficult to register direct import vehicles over 25 years old. There might be some further on this, but we have been working on it on and off the last 5 months or so.

The combined result of these state and federal requirements is that all new motor vehicles must have a certification label containing a VIN on the certification label in order to be registered in Hawaii. Once a vehicle is first sold, the vehicle owner is free to disable any FMVSS that the manufacturer was required to build into the vehicle, unless doing so would violate a state or local requirement. In Hawaii, a person cannot remove the certification label, because it is necessary for registration. 
Should a person desire to register a motor vehicle that does not have a certification label, it can only be done via the reconstructed vehicle law (286-85, HRS) or special interest vehicle (286-26.5, HRS) laws and 286-42, HRS for a home made motorcycle.

In Hawaii, they will not allow registration of a vehicle 1968 or newer, if it doesn't have an Federal Motor Vehicle Safety Standards certification label. A direct import vehicle over 25 years old, will not have a label stating it meets FMVSS, because it does not. It is exempt, as federal requirements say its exempt.

Hawaii isn't accepting this answer, rather saying a Registered Importer needs to affix a label, stating the vehicle meets FMVSS, which the vehicle does not and can not.

A vehicle over 25 years old is exempt from FMVSS. An RI can not just put a label on a car saying it meets FMVSS, that would be illegal.  So in this case, Hawaii is not allowing 1968 or newer direct import vehicles.

If we work out a correct way to do this for Hawaii, we will let everyone know how to import and legally register your 25 year old, FMVSS exempt, and EPA exempt vehicle.

The Hawaii Revised Statutes can be accessed at web site: http://www.capitol.hawaii.gov/site1/docs/docs.asp#hrs.
The HRS reference that requires a vehicle that will be used on the public roads to have a FMSS certification label affixed by the manufacturer before the vehicle can be registered is:
§286-45, HRS: Records of county finance director. The director of finance shall file each application received and register the vehicle therein described in a record or book to be kept by the director of finance under the following headings:
(1) Vehicle registration number;
(2) Name of owner: and
(3) Vehicle identification number.
286-2, HRS defines VIN:
""Aftermarket motorcycle frame" means a frame that is manufactured to replace the frame of a motorcycle that was certified by its manufacturer to be in compliance with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture, or the frame of a homemade motorcycle that was manufactured not for profit by a person who built the motorcycle as a hobby."
Motor vehicle manufacturers are required by Federal Motor Vehicle Safety Standard 567.4 to include the VIN on the certification label for all motor vehicles intended for use on public roads. This regulation became effective 8/31/1969. If the manufacturer gives the vehicle a VIN but does not place it on a label certifying that the vehicle is in compliance with applicable FMVSS, the VIN is not assigned as required by federal law.  The federal standard is at web site: http://www.access.gpo.gov/nara/cfr/waisidx_98/49cfrv5_98.html.

Sec. 567.4  Requirements for manufacturers of motor vehicles.
    (a) Each manufacturer of motor vehicles (except vehicles manufactured in two or more stages) shall affix to each vehicle a label, of the type and in the manner described below, containing the statements specified in paragraph (g) of this section.
(g) The label shall contain the following statements, in the English language, lettered in block capitals and numerals not less than three thirty-seconds of an inch high, in the order shown:…
(6) Vehicle identification number….
The combined result of these state and federal requirements is that all new motor vehicles must have a certification label containing a VIN on the certification label in order to be registered in Hawaii. Once a vehicle is first sold, the vehicle owner is free to disable any FMVSS that the manufacturer was required to build into the vehicle, unless doing so would violate a state or local requirement. In Hawaii, a person cannot remove the certification label, because it is necessary for registration.
Should a person desire to register a motor vehicle that does not have a certification label, it can only be done via the reconstructed vehicle law (286-85, HRS) or special interest vehicle (286-26.5, HRS) laws and 286-42, HRS for a home made motorcycle.
§286-42 County finance director's duties.   (a) The county director of finance shall examine and to the best of the director's ability determine the genuineness and regularity of every registration and transfer of registration of a vehicle pursuant to this part to ensure that every certificate issued for a vehicle contains true statements of the ownership of the vehicle and to prevent the registration of a vehicle by any person not entitled to the vehicle. The director of finance may require any applicant to furnish information, in addition to that contained in the application, that is necessary to satisfy the director of finance of the truth and regularity of the application. The director of finance may accept any county certificate of title issued for a vehicle as prima facie evidence of ownership for registration and transfer of registration. The director may issue vehicle identification numbers for reconstructed vehicles, special interest vehicles, or motorcycles that do not have vehicle identification numbers if the director determines that the requirements of this section have been met.
The county director of finance may register a motorcycle with an aftermarket motorcycle frame, using the number of the frame as issued by the manufacturer of the frame, the vehicle identification number on the certification label, or a vehicle identification number assigned by the director of finance. A bill of sale and Manufacturer's Statement of Origin for the frame, engine, and transmission must be presented and retained as a part of the permanent county registration records. If a Manufacturer's Statement of Origin is not available for the engine and transmission due to the use of a used or reconstructed engine, transmission, or both, then a bill of sale or other proof of ownership, satisfactory to the director of finance must be presented. Except for motorcycles that are built on an aftermarket motorcycle frame, special interest vehicles, and reconstructed vehicles, any motor vehicle or device that is not certified by the manufacturer to be in compliance with all applicable Federal Motor Vehicle Safety Standards as of the date of [manufacture] shall not be registered.
(b) For the purpose of registering standard makes and body types of new passenger motor vehicles the director of finance may accept the certificate of any licensed motor vehicle dealer certifying to the weight and identification of such vehicle. The director of finance of any county may accept the certificate of the director of finance of any other county as to weight and identification of any such vehicle.
(c) The director of finance may enter into a contract with new car dealerships and motor vehicle rental companies for the registration of new motor vehicles consistent with any statute, ordinance, or provision of any applicable collective bargaining agreement. The director of finance may adopt rules pursuant to chapter 91 as may be necessary for the application, bonding, and procedural requirements of such contractor.
(d) In the event the director of finance is not satisfied as to the ownership of any vehicle sought to be registered, unless the applicant presents satisfactory evidence to the director of finance of the applicant's ownership of the vehicle and as to any liens thereon, the director of finance may accept from the applicant a bond in such form as may be determined by the director of finance in an amount equal to the retail value of the vehicle. The bond and the deposit thereof shall be conditioned to protect the director of finance and any subsequent purchaser of the vehicle or person acquiring any lien thereon or the successor in interest of any such person against any loss or damage on account of any defect in or undisclosed encumbrance upon the right, title, and interest of the applicant in and to the vehicle. Any such interested person shall have a right of action to recover on any such bond for any breach of the conditions for which the same was deposited. The aggregate liability of the surety to all such persons shall in no event exceed the amount of the bond and interest thereon, plus a reasonable attorney's fee to be allowed by the court incurred to procure the recovery under the bond. The bond shall (unless suit has been instituted thereon) be returned and surrendered at the end of three years.
(e) The county finance director, upon being notified by the designated county department that a vehicle is a special interest vehicle or that a vehicle has been inspected and approved as a reconstructed vehicle, shall cause that fact to be shown upon the registration and title certificates for that vehicle. [L 1929, c 197, §2; RL 1935, §2666; RL 1945, §7337; am L 1949, c 162, §1; am L 1953, c 69, §2; RL 1955, §160-3; am L Sp 1959 2d, c 1, §16; HRS §286-42; am L 1977, c 77, §3; am L 1984, c 276, §6; gen ch 1985; am L 1992, c 135, §1; am L 1995, c 164, §2; am L 1996, c 108, §1; am L 1997, c 246, §6; am L 2002, c 255, §3; am L 2011, c 64, §2]

§286-85 Reconstructed vehicles, approval required. (a) No person shall operate a reconstructed vehicle upon a public highway unless it has been inspected and certified by the designated county agency as meeting the specifications and requirements established in rules and regulations adopted by the state director of transportation.
(b) This section shall not apply to any vehicle which is subject to the rules and regulations of the public utilities commission governing safety of operation and equipment.
(c) Each county through its chief executive officer, shall designate a county department, whose responsibilities shall include the inspection of reconstructed vehicles and the issuance of permits to operate reconstructed vehicles pursuant to standards established by the state director of transportation.
(d) The state director of transportation shall adopt rules pursuant to chapter 91, establishing the fees an inspector may charge for the inspection of a reconstructed vehicle.
(e) The department designated pursuant to subsection (c) shall identify to the county director of finance every vehicle that has been inspected and approved as a reconstructed vehicle. (f) This section shall not apply to any privately owned reconstructed vehicle in a county with a population of less than 500,000. [L 1977, c 77, §2; am L Sp 1977 1st, c 20, §12; am L 1986, c 122, §1]

§286-26.5 Special interest vehicles. (a) As used in this section:
"Collector" means an owner of one or more vehicles, including parts vehicles, who collects, purchases, acquires, trades, or disposes of a vehicle or its parts, for the owner's own use, to preserve, restore, and maintain the vehicle or another vehicle for hobby or historical purposes.
"Parts vehicle" means a vehicle that is owned by a collector to furnish parts for the restoration or maintenance of a special interest vehicle.
"Street rod replica vehicle" means a vehicle that was assembled from a manufactured kit, either as:
(1) A complete kit to construct a new vehicle consisting of a prefabricated body and chassis;
(2) Components manufactured before 1968; or
(3) Components manufactured after 1967 to resemble a vehicle manufactured before 1968;
and that has been modified in its body style or design through the use of nonoriginal or reproduction components, such as the frame, engine, drive train, suspension, or brakes, in a manner that does not adversely affect its safe performance as a motor vehicle or render the vehicle unlawful for use on public highways.
"Street rod vehicle" means a vehicle that was:
(1) Manufactured before 1968; or
(2) Manufactured after 1967 to resemble a vehicle manufactured before 1968;.
and that has been modified in its body style or design through the use of nonoriginal or reproduction components, such as the frame, engine, drive train, suspension, or brakes, in a manner that does not adversely affect its safe performance as a motor vehicle or render the vehicle unlawful for use on public highways. The term does not include a motorcycle, an antique vehicle, or a restored vehicle.
(b) If a street rod vehicle was manufactured before 1968 and has been modified in body style or design, the make and year of the vehicle shall be the year the vehicle most nearly resembles. If a street rod vehicle was manufactured after 1967 to resemble a vehicle manufactured before 1968, the body type of the vehicle shall be street rod vehicle or "STRD".
(c) A state vehicle identification number shall be issued to a street rod vehicle that was manufactured after 1967 to resemble a vehicle manufactured before 1968, when no vehicle identification number is present on the vehicle; when more than one vehicle identification number is present on the vehicle; or when the vehicle identification number is absent from the body or frame, or both, of the vehicle. The state vehicle identification number shall be assigned by the director of finance of the county in which the vehicle resides; provided that not more than one hundred vehicle identification numbers shall be issued annually.
To obtain a state vehicle identification number under this subsection, the owner of a street rod vehicle that was manufactured after 1967 to resemble a vehicle manufactured before 1968 shall provide:
(1) A title of ownership from the previous owner of the vehicle's body or frame;
(2) A bill of sale or invoices for all major parts used in the modification of the vehicle; and
(3) A weight certificate issued by a state-certified scale for the actual weight of the vehicle.
(d) Notwithstanding any other law to the contrary:
(1) Street rod vehicles and street rod replica vehicles shall be equipped with the following equipment:
(A) Hydraulic service brakes on all wheels;
(B) Sealed beam or halogen headlights;
(C) Turn signals and a turn signaling switch;
(D) Safety glass or lexan windshield;
(E) Electric or vacuum windshield wiper located in front of the driver;
(F) Standard or DOT/SAE-approved tail lights;
(G) A parking brake that operates on at least two wheels on the same axle; and
(H) Seat belt assembly as provided in section 291-11.6;
(2) Street rod vehicles and street rod replica vehicles shall be equipped in such a manner that no part of a vehicle, other than the vehicle's tires, will make contact with the surface of a flat highway when the vehicle is operated on the same;
(3) Bumpers, hoods, door handles, and fenders shall be optional equipment on street rod vehicles and street rod replica vehicles; and
(4) Bumpers, hoods, door handles, and fenders shall be optional equipment on vehicles manufactured before 1968, and on vehicles manufactured after 1967 to resemble a vehicle manufactured before 1968.
In the event of a conflict between this subsection and equipment requirements specified in chapters 286, 291 and 291C, this subsection shall control.
(e) If a street rod replica vehicle was assembled from a manufactured kit as a complete kit to construct a new vehicle consisting of a prefabricated body and chassis, the year of the vehicle shall be the year the vehicle resembles as reflected on the manufacturer's certificate of origin. If a street rod replica vehicle was assembled from a manufactured kit as components manufactured before 1968 or components manufactured after 1967 to resemble a vehicle manufactured before 1968, the year of the vehicle shall be the year the vehicle resembles as reflected on the manufacturer's certificate of origin. The certificate of title for a street rod replica vehicle shall be for the make and year the vehicle resembles, and the body type of the vehicle shall be street rod vehicle replica (STRD-RPLC).
(f) The state vehicle identification number of a street rod replica vehicle that was assembled from a manufactured kit as a complete kit to construct a new vehicle consisting of a prefabricated body and chassis shall be taken from the manufacturer's certificate of origin. The state vehicle identification number shall be assigned by the director of finance of the county in which the vehicle resides; provided that not more than one hundred vehicle identification numbers shall be issued annually.
The state vehicle identification number of a street rod replica vehicle that was assembled from a manufactured kit as components manufactured before 1968 or components manufactured after 1967 to resemble a vehicle manufactured before 1968, shall be taken from the manufacturer's certificate of origin or provided by the director of finance of the county in which the vehicle resides.
To obtain a state vehicle identification number under this subsection, the owner of a street rod replica vehicle shall provide:
(1) Ownership documents from the manufacturer of the kit or components;
(2) All shipping and freight documents for the kit or components; and
(3) A weight certificate issued by a state-certified scale for the actual weight of the vehicle.
(g) A state vehicle identification number shall be issued to a street rod replica vehicle when the vehicle identification number is absent from the body or frame, or both, of the vehicle; or when the vehicle identification number is absent from the manufacturer's certificate of origin. The state vehicle identification number shall be assigned by the director of finance of the county in which the vehicle resides; provided that not more than one hundred vehicle identification numbers shall be issued annually. [L 1997, c 246, §2; am L 2004, c 126, §2]