Skyline and the US Federal Government
Vehicles imported into the United States that are less than 25 years old must comply with the National Highway Traffic Safety Administration (NHTSA) Federal Motor Vehicle Safety Standards (FMVSS) regulations and they must be imported via a Registered Importer (RI). If vehicles are imported that do not meet FMVSS regulations, they must be brought up to compliance by the RI within 120 days of entry into the US. NHTSA also limits the models of vehicles that are eligible for importation into the United States.
NHTSA states, "to be imported free of restriction, a motor vehicle less than 25 years old must be originally manufactured to comply with all applicable FMVSS and bear a label certifying such compliance that is permanently affixed by the vehicle's original manufacturer.". Skylines, sadly, do NOT meet that criteria.
What does the above mean? First off, the NHTSA had originally determined that the 1990-1999 versions of the RHD Nissan GTS and GT-R Skyline were eligible for importation (R32, R33, R34 generations) as long as a HS-7 declaration is made. At the time it enters the US, the clock starts ticking and the car must be brought up to code via the RI within the 120 days allowed. Hey, this sounds simple!
Not so fast. The question that must be posed is: What is required to bring the vehicle up to FMVSS standards? That's a hard one to answer as only a few people really know. Many so-called "importers" CLAIM to know, but won't divulge their information under the guise of "protecting their business interests" which is a convenient way to skirt the question. In reality they have no clue as to the process needed for Federal legailzaton and simply dump the burden on their customers.
In comes the saga of Motorex. Motorex was a RI that was in business from 1998 to 2002 after which time they closed shop. Motorex took the initiative to work with the Federal Government in order to determine what is needed to bring an imported Skyline "up to code" to be legal within the US. As part of this process, they worked with JK Technologies to import numerous R33's, at their expense, for crash testing in order to determine the modifications needed. As a consequence, Motorex claimed a proprietary interest in the modifications which are now covered by a confidentiality grant. Not only did this give Motorex a corner on the market for legal Skylines, it also allowed them to command a premium price for each legalized car. In effect, other RI's do not have access to the information gained via the crash tests performed nor the modifications needed, thus they will not be able to get Skylines to meet FMVSS requirements.
While making loads of money, Motorex also made loads of enemies. In yet another interesting twist, it was alleged that Motorex didn't actually comply with all crash test requirements for the R32 and R34. The US Department of Transportation, in response, offically rescinded importation eligibility for both the R32 and R34 Skylines, therefore only 96-98 R33 Skylines were still eligible to be imported. However, since that date, Motorex encountered a flurry of additional legal challenges, ultimately closing its doors. As a result, there is currently no information available (confidential nor public) to legalize R32's nor R34's.
UPDATE: On March 13, 2008, the NHTSA added addendums to the rules as they apply to the crash tested R33's. The previously mentioned Confidentiality Agreement with Motorex/J.K. Motorsports has expired, thus the steps required to legally modify R33's has been released. The only information not included in the disclosure concerns EPA required OBD modifications. Full disclosure is available for review: NHTSA-update.pdf
On March 1, 2006, the NHTSA issued the following decision, rescinding nearly all Skylines from importation eligibility:
"This document announces a final decision by NHTSA to partially rescind a prior decision by the agency that 1990-1999 Nissan GTS and GTR passenger cars not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States. As a result of this decision, only Nissan R33 model GTS and GTR passenger cars manufactured between January 1996 and June 1998 are eligible for importation. All other model and model year vehicles admissible under the prior decision are no longer eligible for importation. As a consequence, the agency is rescinding vehicle eligibility number VCP-17, which covered vehicles admissible under the prior decision, and issuing vehicle eligibility number VCP-32 to cover only those model and model year Nissan GTS nd GTR passenger cars that remain eligible for importation. The rescission will only bar the future importation of the model and model year Nissan GTS and GTR passenger cars that are no longer eligible for importation, and will not affect the status of vehicles that have already been lawfully imported under vehicle eligibility number VCP-17."
JK Technologies, LLC, who performed the actual crash testing for Motorex, did petition the NHTSA to perform crash testing for R34's. Due to the Motorex fiasco and VCP-17 above, the petition was denied and will continue to be denied for R32's and R34's. As for R33's, only JK Technologies have any information or the capabilities to federally legalize these vehicles.
To recap the above: Skylines imported into the US for use on public roads must either be over 25 years old or they must conform to FMVSS standards. While R32 - R34 Skylines were initially allowed for import, the FHTSA rescinded the importation of the majority of Skylines by limiting it to R33's that were manufactured between January 1996 and June 1998. In order to import a Skyline, an official RI must be used and they must fill out a HS-7 declaration for the vehicle. If the vehicle is to be used on the streets then the RI has 120 days in order to modify the vehicle to pass FHVSS requirements. The only company that has information in regards to Federally legalize R33's is JK technologies. No other RI has access to this information nor are they capable of performing the upgrades needed for Federal legalization. It is possible for another RI to Federally legalize R33 Skylines but they will have to first go though the costly process that Morotex/JK Technologies has already performed and as of this time none have done so.
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