A recent letter from Georgia’s Motor Vehicle Division was distributed to tag offices to presumably act as a reminder to disallow the titling and registering of JDM Kei vehicles and Minitrucks, stating that the vehicles are not safe to be driven on Georgia roads.
A “Kei” car, van or truck is a vehicle category in Japan for the smallest highway-legal passenger cars. Custom retro conversions, such as the ever-popular VW Bus replica, are also common creations in Japan. Considering the Kei car’s small stature, it takes up quite a large chapter in automotive history with various models like these examples spanning across the globe.
Georgia isn’t the first state to crack down on Kei Vehicle registrations. Maine and Rhode Island began revoking titles for legally imported Kei mini trucks in the summer of 2021. New York, Virginia, and Pennsylvania soon followed suit. Some states, like Pennsylvania, only allow the vehicles to be registered for off-road only, limited farm use, or as a limited-use antique not to be used for daily transportation. For states that do still allow on-road registration for Kei vehicles, there are often restrictions. For example, some states may not allow highway use or speeds greater than 25 miles per hour, requiring for the vehicle to be modified so as to not go over the allotted speed. It’s important for Kei vehicle owners or those who are considering purchasing one of these tiny transporters to understand the laws in your specific state. For now, our focus is on the most recent news in Georgia.
According to the letter from the state, Kei Vehicles “are not compliant with U.S. Federal Motor Vehicle Safety Standards (FMVSS). Therefore, they are not ‘street legal.’”
“It is important for counties to avoid titling and registering Kei Vehicles. The Insurance Institute for Highway Safety issued a report warning that Kei Vehicles cannot protect passengers from collisions with even the smallest, lightest FMVSS vehicles. Kei Vehicles are not safe to be driven on Georgia roads.”
It’s important to note that the letter is not implementing a change in the state’s laws, but is reminding the tag offices to follow the state’s guidelines, as stated in the opening paragraph:
“The purpose of this bulletin is to notify County Tag Offices of the Department’s policy that prohibits the titling and registering of Japanese Kei vehicles, minitrucks and similar vehicles (collectively, Kei Vehicles) in Georgia. Kei Vehicles are imported (primarily from Japan) for use as farming vehicles and off-road recreational vehicles in the United States. Periodically customers attempt to title and register these vehicles.”
It’s safe to assume that some tag offices allowed the titling and registration of Kei vehicles in error, as the letter explains:
“Kei Vehicles are street legal in Japan. They have many features also found on street legal vehicles in Georgia, including headlights, taillights, seat belts and other features seen in other vehicles that are permitted on Georgia roads. Additionally, some states do consider Kei Vehicles to be street legal. Due to the similarities between Kei Vehicles and other street legal vehicles, combined with the differing laws in various states, both customers and county tag offices have been confused by the title and registration laws relating to these vehicles. Due to this confusion, certain customers have successfully, albeit unlawfully, had their Kei Vehicles titled and registered in Georgia.”
The letter goes on to describe how to identify an imported Japanese vehicle, noting that JDM vehicles will not have the 17-digit VIN that FMVSS-compliant vehicles are known for, also mentioning that the rule doesn’t apply to vehicles manufactured before 1981. When in doubt, officials are to enter the VIN into the National Highway Traffic Safety Administration’s (NHTSA) VIN Decoder. If it displays this message: “Error Text: 7 – Manufacturer is not registered with NHTSA for sale or importation in the U.S. for use on U.S roads; Please contact the manufacturer directly for more information,” the vehicle should not be registered.
Even though some Kei vehicles could have been issued a title and registration by mistake, those owners could have their plates revoked.
“We are aware that some Kei Vehicles imported into Georgia have been improperly titled and registered. When the Department learns of such titles and registrations, we issue a letter (i) notifying the owner that the title and registration are invalid and (ii) requesting return of the title. We also cancel the title and revoke the registration.”
If Kei vehicle owners question the state’s reasoning for revoking their title and registration, keep in mind that the county tag offices are advised not to give legal advice. However, the official can share that the “O.C.G.A. § 40-3-30.1(f) prohibits titling or registering unconventional motor vehicles” and “Kei Vehicles are manufactured for the Japanese domestic vehicle market and are not manufactured to be compliant with FMVSS, so under Georgia law they are unconventional motor vehicles and cannot be titled and registered.”
“Some owners believe that because the U.S. Customs Service permits a vehicle to be imported into the United States then the vehicle is street legal and can be titled and registered in Georgia. This is incorrect. If customs officials permit a Kei Vehicle or other non-FMVSS vehicle to be imported, that means the vehicle can legally enter Georgia but may be used for offroad uses only.”
Bottom line, if the Kei vehicle does not have an FMVSS sticker, it cannot be titled or registered in Georgia. O.C.G.A. § 40-3-30 does state that if the U.S. Customs Service or the U.S. Department of Transportation certifies that a vehicle complies with FMVSS, then the vehicle can be titled, but according to the state, the Department “has yet to see any importation paperwork confirming that a Kei Vehicle is FMVSS compliant and can be titled and registered in Georgia.”
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