Texas is refusing to register kei trucks, and owners are fighting back

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Texas is refusing to register kei trucks, and owners are fighting back​

Story by Joel Stocksdale

• 1h • 2 min read

Texas is refusing to register kei trucks, and owners are fighting back

Afew years ago, some New England states became infamous in the car community when they began canceling existing registrations of legally imported and titled vintage Japanese cars, as well as preventing registration of additional examples. But they're not the only states that are starting to put up roadblocks to registering vehicles, particularly "kei" size cars, imported under the federal law that exempts 25-year-old vehicles from emissions and safety regulations. Highlighted by The Autopian in a recent article is Texas, and some owners are taking action to push back.

According to The Autopian, Texas hasn't been as aggressive as Maine and Rhode Island, where existing registrations were being canceled. But it shows a number of examples of people trying to register their legal imports and being denied. The piece notes that these denials have increased (though they have been occasionally argued for years based on some confusion between late-model, low-speed mini trucks and older imported Japanese examples) for the same reason as the New England examples: policy recommendations from the American Association of Motor Vehicle Administrators (AAMVA).

That organization published recommendations that said these small, kei-sized vehicles should not be granted registrations on grounds of safety, despite federal exemptions. And of course, those recommendations also seem to ignore the fact that even older and arguably more dangerous vehicles including motorcycles and antique cars can still be legally registered and operated on public roads.

The Autopian goes on to highlight a vehicle owners' group called Texas Kei Truck Advocates that's working to make it so that these vehicles can be easily and legally registered. They apparently have been in contact with various Texas lawmakers and got the Texas DMV to review its rulemaking regarding the little cars. Time will tell how successful they are, and there are apparently some concerns from within the kei car community there about the process. You can check out all the interesting details in The Autopian's in-depth piece.

 

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Enthusiasts In Texas Are Stuck After DMV Offices Refuse To Title Legally Imported Kei Trucks - The Autopian

Texas is the latest state to refuse to register kei trucks, causing a headache for car owners and businesses. This group is fighting back.

www.theautopian.com

Enthusiasts In Texas Are Stuck After DMV Offices Refuse To Title Legally Imported Kei Trucks​

• By Mercedes Streeter
• March 20, 2024
• 4:08 pm
• 135 Comments
  

Importing a vehicle from Japan is a car buying thrill unlike anything else. However, for the past few years, an increasing number of states have decided that cars that are old enough to be legal to import on the federal level are not eligible to be registered on the state level. Texas joined a growing list of states refusing to register Japanese Kei trucks, leaving owners stuck without answers. Some Texans are already fighting back, and they’re doing so through a method some have found to be controversial, let’s check it out.

One of the most infamous pieces of car-related legislation in America is the Imported Vehicle Safety Compliance Act of 1988, known by enthusiasts as the “25 Year Rule.” Officially, the law was enacted to protect Americans from potentially unsafe vehicles that didn’t comply with Federal Motor Vehicle Safety Standards or had been sloppily converted to meet said standards. Before this law, many individuals and companies, even franchised dealerships, imported cars from other countries to sell for a lower price than their U.S. market counterparts.

When the Imported Vehicle Safety Compliance Act of 1988 became law, Americans suddenly had to wait 25 years to import the vehicles of their choice or go through the expensive process of converting a non-compliant car into a legal one. The Environmental Protection Agency has its own rule, blocking imports out of the country until they’re at least 21 years old. Once an imported vehicle becomes 25 years old, the federal government no longer cares that the imported vehicle was never built to American safety or emissions standards.

Texas Kei Truck Advocates

Most enthusiasts have accepted this reality and many can’t wait for the day when their dream car reaches that magical age of 25. However, an increasing number of states are putting the future of importation into question. Will your state be accepting of the car you want when it comes of age? For the residents of Maine, Rhode Island, New York, Pennsylvania, Wisconsin, Georgia, and now Texas, that answer is becoming unclear. Most of these states are targeting Japan’s smallest class of cars, Kei-jidōsha, and specifically Kei trucks. However, some of these states are canceling the registrations of any Kei vehicle and one of them will seemingly cancel the registration of any imported vehicle.

Messing With Texas​

I spoke with David from the Texas Kei Truck Advocates, a group attempting to work with the state government of Texas to secure the future of imported vehicles in the state.

Texas Kei Truck Advocates

David and I spoke on a call where he revealed that the situation in Texas is a bit weird. Some Kei truck owners haven’t experienced any issues registering their vehicles while others have been getting turned away from the DMV. It would appear that some counties are better than others. This does mean that Texas Kei truck owners are currently in a better position than Kei truck owners in, say, Maine, but it’s still not a great place to be. If you don’t know if your Kei truck will be able to be registered, you may think twice about putting down your hard-earned cash on one.

Which is right? Are Kei trucks legal in Texas? According to the January 2024 edition of the Texas Vehicle Title Manual, the answer is no:

Mini-trucks

Vast numbers of used Japanese mini-trucks and vans (also known as Kei-class vehicles) are being imported into the US primarily as off-road vehicles. Some states allow mini-trucks to operate on roadways as low or slow speed vehicles. Mini-trucks are not eligible for title or registration due the vehicle’s lack of compliance with US environmental and safety standards.

In case you weren’t convinced, the Texas Vehicle Title Manual brings up Kei trucks again:

TXDMV

Now here’s where things get weird. David tells me that the Kei truck ban is a policy within the Texas Department of Motor Vehicles.

I’ve done some digging and found that Texas Kei truck owners have been dealing with registration issues in their state since at least 2007. However, many of these people owned newer mini trucks that were younger than 25 years old and imported as off-road vehicles. Owners banded together in an effort to change Texas’ policies, but the bill, HB4495, ended up going nowhere. For a while, those with Kei trucks older than 25 years were reporting success, then 2021 came around and it would appear that Texas also took a page from the AAMVA.

Texas Kei Truck Advocates

As of current, the Texas Department of Motor Vehicles claims that Kei trucks cannot be titled because they do not meet the state’s definition of a motor vehicle. Alright, let’s check the laws. When one Kei truck owner pushed back, the state directed them to Texas Transportation Code Title 7. Vehicles And Traffic, Subtitle A. Certificates Of Title And Registration Of Vehicles. We’ll be digging into Chapter 501, the Certificate Of Title Act.

According to Section 501.002 (17), a “motor vehicle” is defined as:

(17) “Motor vehicle” means:

(A) any motor driven or propelled vehicle required to be registered under the laws of this state;

(B) a trailer or semitrailer, other than manufactured housing, that has a gross vehicle weight that exceeds 4,000 pounds;

(C) a travel trailer;

(D) an off-highway vehicle, as defined by Section 551A.001; or

(E) a motorcycle or moped that is not required to be registered under the laws of this state.

Well, that’s not much help. Chapter 541 gives us more definitions:

(11) “Motor vehicle” means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric bicycle or an electric personal assistive mobility device, as defined by Section 551.201.

(12) “Passenger car” means a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate 10 or fewer passengers, including the operator.

Texas Kei Truck Advocates

Alright, let’s head to Section 551A.001, which defines an off-highway vehicle as:

(1-d) “Off-highway vehicle” means:

(A) an all-terrain vehicle or recreational off-highway vehicle;

(B) a sand rail; or

(C) a utility vehicle.

Well, a Kei truck doesn’t really fit any of those. Maybe it’s a utility vehicle? According to Texas, not really:

(6) “Utility vehicle” means a motor vehicle that is not a golf cart, as defined by Section 551.401, or lawn mower and is:

(A) equipped with side-by-side seating for the use of the operator and a passenger;

(B) designed to propel itself with at least four tires in contact with the ground;

(C) designed by the manufacturer for off-highway use only; and

(D) designed by the manufacturer primarily for utility work and not for recreational purposes.

In all of my digging of the Texas Transportation Code, I found no mention of “mini truck” and I didn’t even find the AAMVA wording that any vehicle not meeting FMVSS should be removed from Texas roads. So, it would appear that Kei trucks are being denied registration based only on a department policy rather than an existing law. Still, the states do reserve the right to do that.

So, what are Texans doing? As I said earlier, some people are still reporting successes in getting license plates for Kei trucks. For some, David told me, this means Texans shouldn’t rock the boat and try to operate under the radar for as long as possible. This would mean doing nothing until Texas potentially starts canceling registrations like Maine and Georgia are doing.

Texas Kei Truck Advocates

There have been different approaches to reversing imported car bans. Over in Maine, Rep. Shelley Rudnicki introduced a bill that would have amended the state’s definition of an off-road vehicle to not include vehicles legally imported into the country. That was over a year ago and as of now, the bill appears to be dead.

Individual owners in states banning imports have filed lawsuits or individual DMV appeals for their own vehicles, each with varying levels of success. However, it should be noted that individual DMV appeals, even if successful, will not change underlying laws or policies. Enthusiasts and dealers in Georgia have banded together to sue their state’s DMV for the right to register and drive their cars on Georgia’s roads.

 

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Texas Kei Truck Advocates

Enthusiasts in Texas have decided to take a different approach. Instead of waiting for the state to really hammer down on imports, the Texas Kei Truck Advocates have decided to try to work with the government to change its laws and policies. Texas Kei Truck Advocates have made some admirable progress thus far as they have gotten the Texas DMV to agree to review its policies on Kei trucks. The Texas Kei Truck Advocates have also reached out to lawmakers all over the state, including Governor Greg Abbott.

I have also reached out to a lawmaker and will update if I get a statement from them.

David tells me the group of Texas Kei truck owners feels this is the better path forward instead of trying to sue after things go downhill. That said, he also realizes that the decision to be proactive is a controversial one. On one hand, the DMV review process can result in Kei trucks finally being fully legal to title and register in the state. On the other hand, the DMV review could reveal that some counties aren’t following the rules, and suddenly, Texas would become like Georgia practically overnight.

Texas Kei Truck Advocates

Because of this, David told me, some Kei vehicle owners in other states have strongly disapproved of the approach taken by the Texas Kei Truck Advocates. Some feel that by being proactive, the Texas Kei Truck Advocates is just notifying the government that there are loopholes that need to be closed.

David has provided me with a number of documents, including correspondence with congressional contacts. One of those documents contains the arguments being presented to the Texas DMV. The document is five pages long, so click here to read the full argument. I’ll pull some portions:

At present, a notable issue concerning Texas Kei truck owners revolves around the inconsistent recognition of crucial federal exemptions by some Texas Department of Motor Vehicles (TxDMV) offices. Specifically, some TxDMV offices are not honoring the federal 25-year exemption from the Federal Motor Vehicle Safety Standards (FMVSS) and the 21-year exemption from Environmental Protection Agency (EPA) emissions requirements. This non-recognition has resulted in the denial of title and registration to Texas Kei truck owners, creating a challenging and unfair situation for these vehicle enthusiasts and small business owners. Addressing this issue is pivotal to ensure that Kei truck owners are granted their federal rights, promoting a consistent and equitable approach to their titling and registration across the state of Texas.

The TxDMV plays a crucial role in governing the titling and registration of vehicles within the state. Within its purview is the classification and approval of various vehicle types for road use. Among these vehicles, Kei Trucks, also known as Japanese mini trucks, hold a unique position.

This argument seeks to address the need for a policy change within TxDMV concerning the titling and registration of Kei trucks when they reach 25 years or older. The rationale for this adjustment is rooted in the federal exemption provided under the Imported Vehicle Safety Compliance Act of 1988, The Clean Air Act, as well as principles derived from the Equal Protection Clause of the 14th Amendment and the Supremacy Clause of the U.S. Constitution. By revisiting and revising this policy, TxDMV has the opportunity to ensure that these well engineered and roadworthy vehicles, originally designed for on-road use, enjoy the same rights as other classic and antique vehicles on Texas roads, thus harmonizing state regulations with federal law.

Texas Kei Truck Advocates

The argument then goes on to note that these vehicles are legal on the federal level:

Under the 25-year exemption rule established by the Imported Vehicle Safety Compliance Act of 1988, these Kei trucks, when they reach the age of 25 years or older, should be considered eligible for use on public roads in the United States. This exemption recognizes them as classic or antique vehicles, exempt from the stringent Federal Motor Vehicle Safety Standards (FMVSS) designed for newer vehicles. Once these vehicles are over 20 years old, they are provided an exemption from EPA emissions requirements per the Clean Air Act.

The critical distinction here lies in their origin and purpose. Unlike off-road utility vehicles, like Tiger Truck, or certain Chinese models that are genuinely designed for off-road use only, Kei trucks come from reputable Japanese manufacturers with a history of producing vehicles intended for road use. These vehicles are not repurposed off-road machinery; they are road-ready from their inception.

Further down the document, the Texas Kei Truck Advocates point out why banning these vehicles under the guise of safety doesn’t make a ton of sense. The advocates point out how Texans can register motorcycles, mopeds, dune buggies, and vintage vehicles for on-road use, but many of these vehicles aren’t any safer than a Kei truck. To the Texas Kei Truck Advocates, as well as many impacted by Kei vehicle bans, it doesn’t make any sense that someone is allowed to drive an old Ford Model T or an air-cooled Volkswagen Beetle, but a kei truck is a step too far.

The document continues its arguments by pointing out that a 25-year-old Kei truck imported from Japan is not the same thing as a brand-new mini truck imported as an off-road vehicle. Those off-road mini trucks are governed to slow speeds while an old Japanese mini truck can reach and exceed speed limits and ride on street-legal tires.

Texas Kei Truck Advocates

Of course, the banning of Kei vehicles also impacts businesses, from the importers and dealers bringing these vehicles into Texas and selling them to consumers to the small businesses using Kei trucks as delivery vehicles, food stands, rolling billboards, and more.

If you haven’t been following this headache, I’ll explain.

The State Of Car Imports​

Back in 2021, Maine was the first state that kicked off this debacle. The state changed its laws to state that any vehicle that does not meet FMVSS is not legal to drive on its roads. This change was made infamous when the owners of Mitsubishi Delica vans began reporting that the state revoked their registrations. JDM fans will note that the Delica is in a class much larger than Kei, but Maine doesn’t care. Officially, the Delica didn’t meet FMVSS, so it wasn’t legal in Maine. On June 15, 2021, the state amended its 29-A MRSA 354 statute to define an off-road vehicle thusly:

Mitsubishi

‘Off-road vehicle’ means a motor vehicle that, because of the vehicle’s design and, configuration, original manufacture or original intended use, does not meet the inspection standards of chapter 15, the Federal Motor Vehicle Safety Standards, the United States Environmental Protection Agency’s pollutant requirements or the National Highway Traffic and Safety Administration’s crash testing standards and that is not a moped or motorcycle.

Since then, other states joined in, each imparting upon JDM vehicle owners varying levels of registration difficulties. New York, Georgia, Maine, and Rhode Island all started recalling the titles and registrations of JDM vehicles while Pennsylvania allowed some already registered vehicles to be grandfathered in. Pennsylvania also allows Kei car owners to register their vehicles as antiques, which at least allows the vehicles to be driven occasionally.

PennDOT

Wisconsin is another confusing one. Officially, the state has banned the registration of Kei-class vehicles since at least 2013. Meanwhile, imports in larger classes are allowed to be registered so long as they aren’t modified and you have another car as your primary vehicle. However, many have had luck getting their Kei vehicles registered as historic vehicles.

This has left many enthusiasts asking how can the states do this? If the federal government is okay with the importation of these vehicles, shouldn’t the states be okay with registering them? Logically, yes. However, as the state of Wisconsin points out, vehicle registration is not the job of the federal government, and the states can control what drives on their roads, emphasis mine:

The National Highway Traffic and Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) allows for vehicles to be imported into the country once the vehicle has reached a certain age. However, NHTSA and EPA are not responsible for regulating the operation of motor vehicles on public roads in the U.S. or for titling or registering motor vehicles for such operation: that is the responsibility of the individual states.

 

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The Organization Behind The Bans​

AAMVA



As I’ve covered now many times in the past, all of this traces back to the Association of Motor Vehicle Administrators (AAMVA). Here’s what I’ve reported before:

In November 2021, I located the source of this madness, and it was the American Association of Motor Vehicle Administrators (AAMVA). This is a non-governmental non-profit lobbying organization composed of motor vehicle and law enforcement administrators and executives from all 50 states. Canada, Mexico, the Virgin Islands, and Washington D.C. get representation in the AAMVA as well. Among other things, the organization seeks standardization of laws across the states regarding traffic safety, vehicle titling, and driver licensing. AAMVA does not have legislative power but it does urge all member states to follow its “best practices.”

Vehicles imported from Japan and China have been on AAMVA’s radar since the late 2000s. Back then, the organization noticed how tons of Kei trucks were flooding American shores and the states didn’t really know how to handle them. It should be noted that a lot of these trucks weren’t older vehicles imported under the Imported Vehicle Safety Compliance Act of 1988, but newer trucks with speed limiters meant for farm or utility work.

In February 2010, representatives from several states and Canadian provinces met in Orlando, Florida to develop best practices for handling the influx of mini trucks. It was just one of many AAMVA meetings on the subject of vehicle imports.

Making matters worse was the fact that the AAMVA had ammunition courtesy of an Insurance Institute for Highway Safety opinion published in 2010. The IIHS crash-tested Kei trucks against vehicles such as the Ford Ranger and concluded that low-speed vehicles and mini trucks are unsafe and should be removed from the road.

The opinion noted that starting in 2007, there was a trend of states allowing mini trucks on regular roads. That IIHS opinion focused on mini trucks with a governed 25 mph top speed, not trucks older than 25 years old imported without a limiter.

A year later, the AAMVA handed out its own opinion to member jurisdictions. Best Practice Regarding Registration and Titling of Mini-Trucks makes it clear that the AAMVA sought to remove these vehicles from the road:

By allowing on-road operation of used mini-trucks, Canada and the U.S. are accepting another nation‘s cast-offs—vehicles that no longer meet the exporting country‘s vehicle safety or emissions standards. Increasing the supply of older model vehicles in North America undermines government and industry efforts to improve vehicle safety and reduce vehicle emissions, as these efforts are largely dependent on fleet turnover. This risk can be reduced by placing restrictions on the use of these non-conforming vehicles in Canadian and U.S. jurisdictions.

As evidenced by the law passed in Wisconsin, it would appear that some states followed AAMVA’s recommendation. Otherwise, the recommendations were largely ignored until 2021, when Maine’s BMV, with the help of the DMVs of Georgia, Colorado, and South Dakota published Regulation of Off-Road Vehicles: Best Practices.

AAMVA

AAMVA

My previous article continues:

This document clamps down on imported vehicles in a way that doesn’t seem all that logical. You can read it for yourself, but the important parts are that the AAMVA’s definition of an off-road vehicle is broader than the NHTSA’s, and the organization specifically calls out Kei trucks that are 25 years and older.

Perhaps the most shocking part is that the AAMVA admits in the documentation that its recommendations may clash with existing laws. In that case, the organization recommends that a state just changes its laws until the recommendations are legal. That’s what Maine, Rhode Island, and the rest of these states have done.

If you want the full scoop on what’s going on, I recommend reading my explainer at the old lighting site.

If you take the AAMVA’s definition of an off-road vehicle literally, it should mean that any vehicle built before the passage of FMVSS should also be illegal to drive. That would mean no Ford Model Ts, no Chevy Corvette C1s, or perhaps half of the classic cars I find on Mercedes’ Marketplace Madness. Yet, the recommendation is currently being used only against imported vehicles, largely Kei vehicles. I also wrote about the history of the Imported Vehicle Safety Compliance Act of 1988, which can be read by clicking here.

Texas Kei Truck Advocates

As of now, it’s unclear where the Texas DMV will land on this issue. The Texas Kei Truck Advocates were supposed to hear something from the state by the end of February, but as of right now, they have nothing. Allegedly, there may be a decision coming soon, but it’s unclear when.

Hopefully, enthusiasts in Texas succeed. If they do, their success can be used as an example of how to beat imported car bans before a state gets to the point of revoking titles. This would also be far cheaper than a lawsuit that could stretch out for years. If Texas fails, enthusiasts may see it as an example of what not to do. So, for any American wanting to enjoy some old forbidden fruit, let’s hope the Texas Kei Truck Advocates secure a future for JDM enthusiasts in the state.

 

[omnifax]

Is there any data that these types of vehicles are less safe then cars built for the U.S.?

edit: nvm some info was posted as I typed this.

 

[ORDER_66]

This seems like vehicle bias to me... if the car is legally imported wtf is the problem???

 

[Windows 91]

Open a Montana LLC and apply for Montana permanent plates/registration.

 

[shopthatwrecks]

get them chink trucks outta here its enoughwe have have tundras..

 

[Creflo ½ Dollar]

Good ole right they love more rules and government no matter how much they say they dnt.

 

[3rdWorld]

Texas doesn't care about emissions and safety so what's the issue?
Must be jealousy or something..

 

[omnifax]

Texas doesn't care about emissions and safety so what's the issue?
Must be jealousy or something..

Control. It's an over arching theme with the right these days. Can't tell them what to do but they want to tell everyone else what to do.

 

[Sleepy Floyd]

Texas doesn't care about emissions and safety so what's the issue?
Must be jealousy or something..

It all comes down to racism really

They're Japanese trucks

 

[the cac mamba]

Texas doesn't care about emissions and safety so what's the issue?

yeah, i was gonna say. one of these fukkin things is getting absolutely creamed if it gets hit by an american truck

but it's texas, they dont care about keeping people safe

 

[Amestafuu (Emeritus)]

get them chink trucks outta here its enoughwe have have tundras..

Honda is Japanese. article even says "vintage Japanese"

dumb c*nt

 

[97Pac]

Yea they took my homeboys title. I think all vehicle imported before the rule change should be Grandfathered in. If a three cylinder geo metro is legal so should these