Import Clarification

Below is the text of a email the QHMC received from Infrastructure and Surface Transport Policy Division to our questions related to the change to the application of the rules regarding the importation of pre 1989 vehicles and the departments interpretation of Modification/Conversion and its effect on the date of manufacture.

The department also included a further explanation document with some examples. click hear to view that additional document

The Pre-1989 Scheme

The Australian Government maintains the pre-1989 scheme to allow the importation of older historic and enthusiast vehicles destined for restoration or hobby use, whether by an individual owner or within a car club.  The scheme is a concessional scheme, and allows for the importation of vehicles outside of normal certification arrangements.  Without a concession, these vehicles may not be practically or economically available to enthusiasts and hobby vehicle owners.  Popular models imported under the scheme include the Ford Mustang, Chevrolet Corvette, Chevrolet Camaro and Cadillac Eldorado – primarily from the 1950s, 1960s and 1970s vintages. 

The scheme is outlined at regulation 17 of the Motor Vehicle Standards Regulations 1989 (the Regulations).  In particular, only those vehicles manufactured before 1 January 1989 will qualify for importation under the scheme.

The criterion for the pre-1989 scheme is set out under regulation 17.  Guidance material is set out under vehicle Standards Bulletin 10 (VSB10).  The scheme is based on a vehicle’s 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.

The pre-1989 scheme is separate from the requirements of vehicle registration (which is the responsibility of the relevant State or Territory registering authorities).

 Key Issues

Determining a vehicle’s date of manufacture: A vehicle’s date of manufacture is defined via the industry concept as follows: the date of manufacture is the date the vehicle was first driven or moved from the manufacturer’s production line or production facility, after the vehicle’s body shell and powertrain assemblies were joined.

In some cases, a vehicle is the subject of a conversion.  A vehicle is considered to have been converted if different body shell or powertrain assemblies that are outside original specifications are joined.  This is consistent with the above definition.

When a vehicle is converted after original manufacture, the date of manufacture is taken to be the later date of conversion.

A vehicle restoration does not affect the original date of manufacture.  An older historic car would typically have many components that have been reconditioned or replaced over the vehicle’s lifetime.  In these cases, the vehicle is still the same product.  Similarly, minor modifications, such as the examples you mention in your letter, do not affect the original date of manufacture.

I stress here that the Department (in applying the “date of manufacture” test under regulation 17) is not applying safety standards.  The Department is not applying the ADRs or the roadworthiness standards of the States and Territories.  The Department is merely assessing whether vehicles are manufactured before 1 January 1989 to determine whether vehicles qualify for concessional importation under the pre-1989 scheme.

How we determine whether the vehicle has been converted: In assessing vehicle import applications submitted under Regulation 17 the Department needs to determine whether the vehicle is actually a pre-1989 vehicle (whether original or converted).

 It is therefore important to submit evidence in the form of photographs and, if necessary, lists of modifications with dates for the modifications to help Departmental staff determine the extent and nature of the particular vehicle’s conversion and when that occurred.

 Evidence that can be provided by applicants to support an application includes:

·         the structure of the vehicle identification number (VIN).  Some VINs include a code for the vehicle’s model year;

·         a copy of the vehicle’s registration or purchase documents;

·         a statement from the manufacturer; or

·         the applicant could approach one of the prior owners or converters for a statutory declaration (or notarised statement in the USA).

 Finally, you ask about the case of an importer (of a recently converted vehicle) with the intention of using the vehicle as a project for a vehicle restoration.  The general requirement (based on the vehicle’s date of manufacture) would continue to apply in such a case.  The pre-1989 scheme is not based on the future intention of the applicant.

 Regards

Vehicle Safety Standards Branch

Infrastructure and Surface Transport Policy Division