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DEC: kit cars are "motor vehicles" under the Clean Air Act; engine swaps risk federal tampering violations
Summary
Department of Environmental Conservation representatives told the Senate Transportation Committee that EPA treats fully assembled kit cars as motor vehicles subject to emissions rules, and warned that engine switching or deviations from manufacturer instructions could violate federal anti-tampering laws.
At a Senate Transportation hearing, Rachel Stevens of the Agency of Natural Resources told senators that fully assembled kit cars and complete kit packages are treated as motor vehicles under the Clean Air Act and therefore must comply with EPA or California emissions standards.
Stevens said the EPA maintains a kit-car policy and that DEC can provide the policy text to the committee. "Fully assembled kit cars and complete ... kit car packages are considered motor vehicles under the Clean Air Act, and therefore, they must follow emissions requirements," she said.
The DEC witness also described legal limits on modifications: both state and federal law prohibit altering an engine or emissions-control equipment beyond the manufacturer's installation instructions. Stevens warned that even if the legislature considered exempting some vehicles from state inspection requirements, owners or builders who alter emissions equipment could still be in violation of federal tampering prohibitions.
Stevens pointed to another specific concern: engine switching. "The installation of a light duty engine into a different light duty vehicle by any person would be considered tampering unless the resulting vehicle is identical, which means that it has the proper emissions configuration," she said. That observation underscored a legal constraint that could limit the practical effectiveness of any state-level exemption for specially constructed vehicles.
The witness added that the FAST Act contains a low-volume manufacturer exemption that provides a possible federal pathway for some specially produced vehicles to avoid state inspection requirements, but she cautioned the committee that the exemption has qualifying conditions and EPA guidance that would have to be followed.
The committee did not vote on any legislation. Stevens said DEC would be open to reviewing proposed bill language that clearly defines "specially constructed" vehicles and the applicable standards and would provide technical comments if the legislature advances a bill.
