Even a cursory scan of auction sites like Bring a Trailer will yield results for cars you’ve probably never seen or heard of beyond the pages of a magazine. Look closely and you’ll probably notice a common theme – they’re generally at least 25 years old.
Cars and trucks once available only outside the United States gain special status on their twenty-fifth birthday. It’s at this point they become eligible for exemption from the safety requirements originally mandated by the federal government when they were new. A 1988 law called the Imported Vehicle Safety Compliance Act created the legal framework that allows for classic and collector vehicles to be brought in as personal imports.
This law was created during the Grey Market heyday of the mid-1980s, when favorable exchange rates made it possible to save thousands of dollars by skipping the local luxury car dealer and buying directly from a foreign dealer. Not only was this a financially prudent choice when comparing apples to apples in terms of vehicle spec, it also allowed buyers greater choice, allowing them to select, say, a blood orange when the official American importer was only offering green apples.
Naturally, franchised dealers and official importers alike were unhappy that buyers could simply sidestep the standard process. Mercedes-Benz cited a more rational exception to the practice: safety. The carmaker proved that many of the countless companies bringing these so-called ‘grey market’ vehicles into the US and claiming to bring them up to DOT and EPA standards of the day, as was required, were taking numerous shortcuts to save time and pocket a little extra money.
Striking a balance between the legitimate safety concerns of carmakers and consumers and the personal preferences of car enthusiasts, the Imported Vehicle Safety Compliance Act carved out an exception for safety regulations (DOT) and emissions requirements (EPA) for vehicles after 25 and 21 years, respectively, from their date of construction. The rationale was that by the time vehicles reached that point, they would be hobbyist or collector antiques that would spend little time on the road and be generally well maintained and carefully driven by nature of their age, and could therefore be forgiven their minor shortcomings.
Thankfully for enthusiasts, this law has allowed for an incredible variety in the hobby. It has also driven up the values of many once-modest but formerly unobtainable dream machines. Look no further than the Land Rover Defender or BMW E30 wagon at the lower end, or the Lancia Delta Integrale at the higher end.
But before you jump on Autoscout and start hunting down your preferred ride, there are some details you need to know. Failure to do your homework could mean forfeiting your car to US Customs and Border Patrol after you’ve spent all your money getting it here in the worst case. Even if you’re lucky enough to take delivery of your new classic, the future could be filled with unforeseen troubles. Here’s what you should know before clicking the Bid Now button:
Build Date, Not Model Year
The 25-year exemption applies from the date of the vehicle’s construction, not its model year. Before you make a deal on that sweet 1995 Alpina B3, you’d better know if it left Buchloe in August of ‘95 or December of ‘94. The former will be refused entry or confiscated at port as of the date this article was written (May 2020). Cargo ships can take weeks to cross the ocean, but it’s best not to even put a car on the boat before it’s born-on date hits the magic number.
Matching Numbers and Specs
Picking up a rocking G-Wagen that’s had its rattly four-cylinder diesel converted to a stomping gas V8? Think again. All the major hardware must match the vehicle’s original equipment. This means the original frame (as many Land Rover buyers discover all too late), engine type, and body configuration. Any exceptions must be thoroughly documented.
In the case of Land Rover frames, which often rot out from underneath the body and are commonly replaced when the decades change, installing a new frame may require before and after pictures, an invoice for a new chassis from a legitimate seller, and full inspection of the work (at your expense) to confirm it’s been carried out properly. A used frame with a different VIN than the body is an invitation for trouble. Likewise, that Defender 110 pickup that’s been converted to the more valuable station wagon body is an automatic red flag. You can say goodbye to your dream rig.
Full Documentation Required
As outlined above, the Feds like to see proof that everything is legitimate. Don’t make a purchase without having a knowledgeable third party physically inspect the vehicle and confirm that it matches the vehicle paperwork. Obtaining copies of original bills of sale, repair invoices, maintenance orders and other pertinent details, along with photographic documentation, before making a purchase will reduce your anxiety when the port calls to tell you your vehicle has arrived.
It’s worth noting that unsavory sellers abound all over the world, and it’s not uncommon for them to repaint and replate a stolen vehicle and throw it out like bait for hungry American buyers to clamber over. Always run the vehicle number through official databases before buying to verify the vehicle is clear.
Be Prepared For Additional Fees
You’ll owe US customs fees for the value of the vehicle before you can take it away, but you may also be hit with additional port fees for inspection or for storage if it stays at the port for longer than it’s allowed. Depending on where you register it, your vehicle will also be subject to your state’s sales tax or property tax, plus possible inspection and titling fees.
Work With a Pro
Navigating the uncertain waters of a personal import is not for the faint of heart. To avoid many of the hassles outlined above, work with a registered and bonded import agent. These people, including guys like Will Hedrick and Jamie Orr, know the ropes and often know exactly what to expect when working with the CBP staff.
Many also have networks of reliable in-country inspectors who work on behalf of the buyer to make a thorough pre-purchase examination before dollars are wasted on an unsuitable or misrepresented candidate. They can usually expedite the title and registration process once your vehicle clears customs, often doing paperwork in person with people they see on a regular basis. Trust us – you don’t want to go it alone. At least not the first time.
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