New Federal Regs re Low-Volume Kit Cars - Page 2 - Defender Source
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  #21  
Old January 27th, 2016, 04:50 PM
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  #22  
Old January 27th, 2016, 04:54 PM
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  #23  
Old January 27th, 2016, 05:11 PM
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The NHTSA has never been very clear about how legal it is to take a 500 dollar vehicle and totally rebuild it into a new vehicle if there are no original parts used, especially if you're doing it for profit. If you read some of their positions, it's not great. Companies like Icon and especially the brand-new bodyshell 1967 Camaro dudes were on sketchy legal ground since they are not really retaining anything but the serial number. In NHTSA's eyes, that could be construed as manufacturing a new, non-complying vehicle. This bill allows the turn-key (not kit) replica business to be on solid legal footing.

What is interesting about the bill is that these companies are not exempt from the safety defect provisions of the 49 CFR (573 etc). So if you build a replica 1967 Camaro and you figure out it contains a safety defect, you have to recall it, just like any other manufacturer has to.

The bill details max production numbers etc. Definitely conducive to small scale line manufacturing (not just for hand-built one-offs).
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  #24  
Old January 27th, 2016, 05:21 PM
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here the link to the law is called HR 2567 IH
https://www.gpo.gov/fdsys/pkg/BILLS-...14hr2675ih.pdf



‘‘(B) REPLICA MOTOR VEHICLE.—The
17 term ‘replica motor vehicle’ means a motor ve-
18 hicle produced by a low volume manufacturer
19 and that—
20 ‘‘(i) is intended to resemble the body
21 of another motor vehicle that was manu-
22 factured not less than 25 years before the
23 manufacture of the replica motor vehicle;
24 and
VerDate Sep 11 2014 22:50 Jun 05, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2675.IH H2675
srobinson on DSK5SPTVN1PROD with BILLS
5
•HR 2675 IH
1 ‘‘(ii) is manufactured under a license
2 for the product configuration, trade dress,
3 trademark or patent for the motor vehicle
4 that is intended to be replicated from the
5 original manufacturer, its successors or as-
6 signees, or current owner of such rights,
7 unless there is a preponderance of evidence
8 that such rights have been abandoned for
9 at least three years.
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  #25  
Old January 27th, 2016, 06:42 PM
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I'm concerned that some of you may be looking at the wrong law. H.R. 2567 (i.e., the Low Volume Vehicle Manufacturers Act of 2015) is not the law that was enacted.

What did pass and was signed into law on December 15, 2015 was H.R. 22, the FAST Act (i.e., the Fixing America's Surface Transportation Act). A copy of the FAST Act as signed into law may be found here:

https://www.congress.gov/bill/114th-...e-bill/22/text

Sec. 24405 of the FAST Act amends Section 30114 of Title 49 of the United States Code to add an exemption for low-volume vehicle manufacturers, thereby relieving them from having to meet certain federal motor vehicle safety standards, the most notable of which is the airbag requirement.

That being said, to my knowledge, there is no provision that would exempt any vehicle produced by Land Rover from the licensing requirement under the law, whether one is talking about an early Series vehicle or a Defender. Licensing by the original manufacturer is clearly delineated as a requirement for production of replica vehicles under the provisions of the FAST Act, and this is regardless of age or whether the design is asserted to have been "abandoned" by the original manufacturer.

So, long story short; if you are a low-volume manufacturer and you want to build, for sale to the public, turn-key replicas of a vehicle previously designed and produced by another manufacturer, then under the law you are required to have a license from that vehicle's original manufacturer.
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  #26  
Old January 27th, 2016, 08:50 PM
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New law paves way for more replica vintage cars

From the article: "The recently-passed $305-billion highway bill will make it much easier for replicas of vintage cars to rumble down the road. Under part of the new law, companies can sell up to 325 reproductions with a full powertrain annually of a model that's at least 25 years old. After certification from the National Highway Traffic Safety Administration and Environmental Protection Agency, these vehicles don't have to meet crash safety standards or state pollution tests, but they do need to pass current federal emissions rules.

Customers previously had to install their own powertrain into a replica to fit within the law, and makers like Superformance already welcome the updated rules. The business promises to offer licensed turnkey versions of its Shelby Cobra, Ford GT40, and Chevrolet Corvette Grand Sport. "Now that we will be recognized by the government as a low volume manufacturer, customers can walk in, buy a car and drive away just like any other new vehicle purchase, which will also streamline financing, registration, and insurance options," company CEO Lance Stander said in a statement.

Factory Five president Dave Smith helped shape the legislation and told Autoblog the law could be "exciting for export." Because these vehicles now have government certification, countries that follow our rules can accept owners registering these vehicles. After ramping up in the next 12 to 18 months, Factory Five could ship its Cobra or 1933 Hot Rod (pictured above) to a customer in a place like Bahrain, according to Smith.

While 325 examples seems low, Smith said these replicas often come from cottage manufacturers that make five or 10 of them a year. He expects only firms like Factory Five and Superformance have enough volume to reach that limit. The models can't hit the street immediately because NHTSA and the EPA have 12 months to enact the rules. These vehicles are also still subject to intellectual property laws, so a design must be in the public domain or the maker needs a license to build it."

Good luck getting a license to manufacture anything in the Land Rover Milieu....

On the flip side, does this give a manufacturer leverage to go after a company that modifies existing vehicles and rebrands them under their own name?
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  #27  
Old January 27th, 2016, 08:58 PM
mmgcny
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Quote:
Originally Posted by Willh View Post
Licensing by the original manufacturer is clearly delineated as a requirement for production of replica vehicles under the provisions of the FAST Act, and this is regardless of age or whether the design is asserted to have been "abandoned" by the original manufacturer.
This is my understanding too. I have a nearly original 1965 Mustang convertible so I follow that market fairly closely. There is a company that is building reproduction mustangs that is licensed by Ford.
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  #28  
Old January 27th, 2016, 10:49 PM
Ben01
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Given that LR hasn't sold the vehicle in the United States since 1997, arguably LR has abandoned the majority of their intellectual property rights with respect to the design of the vehicle. That being said, if a license or consent is not needed under the correct statute (see Will's above clarification) then LR's intellectual property rights are irrelevant.
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  #29  
Old January 28th, 2016, 01:44 PM
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I'm reminded of a brilliant lyricist who wrote:

"This is not The Greatest Song in the World, no.

It was the best [explitive] song, the greatest song in the world.

And the peculiar thing is this my friends:

the song we sang on that fateful night it didn't actually sound
anything like this song.

This is just a tribute!"

So let's get that license for Yugo, or something we can buy for like 30 bucks and make a Defender clone! No no this is not a Yugo, it's just a tribute.

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  #30  
Old March 7th, 2016, 10:39 PM
Ben01
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Jaguar's trade dress application for the e type, pretty cool!
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