Defenders in California - Everything you want to know

• ALL VEHICLES starting with Model Year 1976 have to meet California Emissions Standards to be sold in the state. Vehicles that only meet EPA (Federal, or "49 state") standards can be brought into California 2 years after manufacture, with more than 7,500 miles on the odometer. There is no "sliding window" or "25 year exemption". Since the engines used in Defenders (2.25, 2.5, Turbo, 200Tdi, 300Tdi) were never certified by California or the EPA, they are then ILLEGAL in California vehicles.

44201. The state board shall adopt, by regulation, a certification
program for used direct import vehicles. The state board shall issue
a certificate of conformance to each used direct import vehicle which
meets the requirements of this program.

44202. A used direct import vehicle which was not registered in
this state prior to the adoption of regulations adopted pursuant to
Section 44201, may not be registered in this state unless it has
received a certificate of conformance from the state board, except as
provided in Section 44210.


44210. The requirements of Section 44202 do not apply to any motor
vehicle having a certificate of conformity issued by the federal
Environmental Protection Agency pursuant to the federal Clean Air Act
(42 U.S.C. Section 7401, et seq. ) and originally registered in
another state by a person who was a resident of that state for at
least one year prior to the original registration, who subsequently
establishes residence in this state and who, upon registration of the
vehicle in California, provides evidence satisfactory to the
Department of Motor Vehicles of that previous residence and
registration.

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• Emissions Compliance and a Smog Check are two different, yet related things. Every vehicle sold in California has been inspected for California Emissions Compliance. This is done behind the scenes before the vehicle is even sold, and is totally handled by the manufacturer. This is what gains you the sticker on the truck that says it meets California requirements. Smog Checks are periodic inspections to make sure your vehicle still complies with the requirements that were in effect at the time of manufacture of your vehicle. Just because an older Diesel doesn't have to have a smog check doesn't mean they didn't have emissions control requirements; it just means the state doesn't require you to prove it's still in compliance year after year. However a vehicle being imported must demonstrate it meets the requirements in place at the time of the engine's manufacture (see section 44202 above).
  
  
• The barrier to California importation is the emissions, not safety standards. California abides by the 25 year importation rules for Safety.

1. Purchase a NAS or NAS-Possible (like Japan Spec) vehicles. This means 1993 D110s, or 1994/95/97 D90s. There are specific VIN numbers that are approved for US sale, and ALL of them have a sticker in the driver's footwell that states the vehicle "Meets Federal Safety and Emissions Regulations" or something to that effect. Since they are EPA legal (in fact, most are California legal), you have no issue other than performing a smog check. 100% legal.
   
   
2. Sweet talk your way through DMV. This is how most imported Defenders have arrived here. DMV assumes the stickers have worn away from an off-road vehicle that's at least 25 years old. However there have been reports that the DMV is seeking out these vehicles and requiring owners to take them to a Smog Referee or CHP office for inspection, even if they have already been titled and plated. Not legal.
   
   
3. Register it out of state, and drive it in California. This is another common tactic, since all of the states bordering California will readily register an imported Defender. However California requires you to register your vehicle within 20 days of bringing it into the state. Failure to do that can equal back fees, fines, and even jail time. The CHP has started a program called CHEATERS to find people with out of state plates, and that has netted the DMV almost $1.7M in 2013, and shows no sign of slowing. You are considered a resident of California if you file taxes here, have a California Driver's License, pay the resident rate at a California University, register to vote, or "any other privilege or benefit not ordinarily extended to nonresidents." So, not legal.
   
   
4. Be a military member with out of state plates. If you are a CAC card holding member of the Military stationed in California, you can bring whatever plated out of state vehicle you have. 100% legal. However you can't sell it to someone in the state and have them be exempt from all of the regulations.
   
   
5. Purchase an import, and then implant an engine that is EPA or California compliant. This is the newest possibility. Especially with Nick's LS conversion kit, and the possibility of transplanting a Ford Transit Puma motor into a Defender. California requires that an engine be the same model year or newer than the chassis it is being put in to. So if you have a 1987 Defender and want to put a 2010 LS Motor in it, along with ALL of the required emissions equipment, you can take it to a California Smog Referee and have it signed off as a legal engine swap. 100% legal.
   
   
6. VIN Swap. Have a newer Defender, but title it as something older than a 1976. This is so illegal we aren't even going to talk about it. Like felony pound me in the ass prison illegal. Don't do it. We aren't going to go down the rabbit hole of "what makes up a VIN" or "how much has to stay the same". If you are asking these kinds of questions, you already know you are on the slippery slope.

1. Buy a NAS
2. Join the Military
3. Engine swap with California approved components

1. Sweet talk through the DMV
2. Register out of state and drive it here

1. VIN Swap