“William,
I have several problems with this reconstructed vehicle Inspections request. Reconstructed vehicles under 46.2-100 must be “”a type required to be registered”" before it is reconstructed. This vehicle MCO clearly states it is an ATV for off road use only. While DMV can title it, it cannot be registered for highway use or titled or registered as a reconstructed vehicle.
To the best recollection of LES, the only reconstructed vehicles converted to dune buggys ever done before were regular highway vehicles like VWs that were legal for highway use before they were reconstructed as dune buggy body types.
If we do this now, we will open up reconstructed vehicles to all types of motorized 2, 3 or more wheeled vehicles never intended to be reconstructed for registration for highway use. We need to make sure exactly what we are doing before we move forward with this.
While this ATV is a particularly expensive $10k well-equipped US assembled motor vehicle, what will you say if someone wants to reconstruct a $500 go cart for highway use? You can put lights and brakes and mirrors, etc. on one of those. Where would you draw the line?
Off road only motor vehicles are not certified by USDOT as meeting motor vehicle safety standards or the EPA for air pollution control systems because they are not manufactured to be highway vehicles.
While the Joyner in this case is assembled in the US, most ATVs are imported and would be foreign vehicles subject to 46.2-602 under which we could not issue a permanent title or registration until the applicant submitted documentation from the feds that the vehicle met federal safety requirements.
Under 46.2-1048, any registered vehicle after 1973 cannot be operated on the highway unless it is equipped with air pollution control systems meeting federal requirements. I seriously doubt that this Joyner has any air pollution control system.
I understand that if we title and register this as a reconstructed vehicle, it still needs to pass a state safety inspection. This is a chicken and egg situation, however. Just like the sate inspector who already passed it as a motorcycle just because Jake falsely obtained a motorcycle title and registration, even though the state inspector knew it wasn’t a motorcycle. The inspector and the state trooper turned it back over to DMV because we issued it the title and registration.
If we title and register this vehicle as reconstructed for the highway, the State Police and safety inspectors are likely going to pass it if it has the obvious safety equipment even if it is an inherently unsafe highway vehicle because it doesn’t meet federal safety standards and will never be submitted for testing to meet those standards.
Further, LES has
a criminal case pending on this exact individual and vehicle because after a real DMV CSC refused to title the 4 wheel ATV as a motorcycle, he went to a DMV Select and lied on the application that it was a motorcycle to get a MC title and registration illegally. I am not sure what impact inspection and titling this same vehicle as a reconstructed vehicle will do to that case.
A quick google finds some states that specifically allow ATVs to be converted and some that specifically prohibit it. I strongly recommend that we do not set any precidant until we are sure that is what we want to do and we establish some guidelines.
I have scheduled a meeting for Friday Internally and will try to get a Stat Police representative to attend as well.
I am holding off on the Davis Buggy inspection until this is further resolved.
Thanks, Don”
Email From William Childress to Don Boswell from which the above was the response.
Don:
These vehicles are dune buggys. They can be registered as such in Virginia. The MCO for this particular vehicle shows that it is an ATV and states that the ATV is for off road use only. However, this vehicle does not meet the definition of all terrain vehicle (46.2-100) in Virginia and are most certainly isn’t a motorcycle!
We would title this vehicle as a Reconstructed Vehicle…materially altered from its original construction by the removal, addition, or substitution of new or used essential parts (46.2-100). The definition also states that the vehicle shall retain its original vin, line-make, and model year.
I guess the key for us (Vehicles) is that once the vehicle has been reconstructed, it has to be inspected by LES, pass that inspection and then pass a safety inspection. Passing the safety inspection would determine whether or not the vehicle was road worthy or not.
A meeting to include State Police, DMV legal, LES and VSA is welcomed.
Let me know when and where this meeting will take place. Wm.