Idaho Administrative Code
Title IDAPA 39 - Transportation, Department of
Rule 39.02.05 - RULES GOVERNING ISSUANCE OF CERTIFICATES OF TITLE
Section 39.02.05.401 - GRAY MARKET AND CANADIAN VEHICLES

Universal Citation: ID Admin Code 39.02.05.401

Current through August 31, 2023

01. Required Documents. When the owner of a gray market or Canadian vehicle applies for title for the first time in the U.S., the following documents will be presented. (3-21-22)

a. Statement indemnifying the Department. (3-21-22)

b. Statement of Facts from a motor vehicle investigator, or if waived by the Department based on facts presented by the owner, a vehicle identification number inspection. (3-21-22)

c. All documents relating to ownership including but not limited to; manufacturer's certificate of origin, manufacturer's statement of origin, foreign title, or registration (if the vehicle is not from a titling country), and bills of sale. A complete chain of ownership should be presented from the manufacturer (for new vehicles) or from the last titled owner, or registered owner (if the vehicle is not from a titling country) to all subsequent owners of the vehicle both in the foreign market and the United States. At a minimum, releases of interest will be presented from all parties shown to have had an interest. (3-21-22)

d. National Highway Traffic Safety Administration (NHTSA) HS-7 declaration form, properly completed with the category of importation indicated, unless waived by the Department. This will be accompanied by evidence of compliance with requirements for the category declared on the HS-7, such as a U.S. Department of Transportation bond release letter. If the HS-7 indicates a DOT bond was provided for a non-conforming gray market or Canadian vehicle, except that if there is evidence more than 30 days have passed since the registered importer submitted the conformity package to NHTSA and NHTSA has not responded, a title may be issued without the bond release letter but will carry the notation "DOT BOND RLS PENDNG". (3-21-22)

e. U.S. Customs and Border Protection (CBP) Entry Summary form CBP 7501, stamped and signed by CBP. (3-21-22)

02. Designation of Model Year. The model year for titling and registering gray market vehicles will be determined in an order of priority, based on the following criteria: (3-21-22)

a. The model year used by a specific manufacturer to designate a discrete vehicle model irrespective of the calendar year in which the vehicle was actually produced; (3-21-22)

b. The model year shown on an ownership document issued by that vehicle's country of origin; (3-21-22)

c. Any vehicle manufactured during a twelve (12) month period beginning September 1, and ending August 31, will bear the production year of the calendar year in which August 31 occurs; or (3-21-22)

d. The model year by certification of the importer of record. The certification can be verified against vehicle production dates, based upon substantially similar models of the same make of vehicle. (3-21-22)

03. Foreign Documents. When a foreign manufacturer's certificate of origin, manufacturer's statement of origin, or registration and/or titling documents are presented, a translation of the foreign documents may be necessary to clarify the information contained in the documents. If necessary, such translation will be at the owner's expense and certified by the translator as true and correct. (3-21-22)

04. Conditional Registration. Until gray market vehicles meet Idaho registration and titling requirements, the county assessor will issue a conditional registration under the "Conditional Registration" program to allow time for the federal government to act upon the necessary releases or for the owner to obtain legal ownership documentation. (3-21-22)

05. Exception. When the owner of a gray market vehicle has a current title issued by another state, the other requirements specific to Section 401 of this rule for title and registration will not apply unless the title carries the brand, "Gray Market Vehicle (not in compliance)" or another brand or notation indicating the vehicle was not brought into compliance with U.S. DOT and EPA requirements. If a gray market vehicle has a current title issued by another state that carries the brand, "Gray Market Vehicle (not in compliance)" or another equivalent brand or notation and the other requirements of Section 401 of this rule have not been met, the vehicle cannot be registered and the owner may only receive an Idaho title issued with same or equivalent brand or notation. (3-21-22)

06. Brands. The Department may issue titles with applicable brands for gray market vehicles and other vehicles that were not originally manufactured to meet applicable federal motor vehicle safety standards. (3-21-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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