Pre '74 Levy built in MA

[RyanS.]

Hello Everyone,

I am looking at having Gordon Levy build me a 351w for an upcoming Coupe project. My question is; has anyone done this?
I have emailed Paul Davis at the DEP and it seems as long as the block is pre-1974 it should be emissions exempt. My concern would be proving that the block is not stolen. I would have a bill of sale from Gordon but nothing with a VIN number. How involved is the State Police inspection? I really want to avoid anything to do with a donor car if I only need the block to build on and plan on running a basic carb setup; no fancy new EFI engine or anything.
Any help or experiences in doing something similar would be GREATLY appreciated. Thanks in advance.

Regards,
Ryan

[cnutting]

I have been reading through the various laws and I thought it needed pre-74 heads too? My interpretation could be wrong... I am still waffling between getting a donor car or a "vintage" block similar to your approach.
Chris

[michael everson]

I think you will be fine with the SP as long as your receipt is from a reputable builder.
Mike

[Fordolet]

Wait we can just use a "vintage" block? I thought you had to scrap a complete running car registered for 12 months out of the last 5 years? Who are you dealing with from the state that told you that? I would love to go that route instead.

ScottyC
Daytona Coupe

[RyanS.]

Scotty,

I spoke with Paul Davis at the DEP for quite a while the other day. The vintage block is a solid option. Confirmed by Mr. Paul Davis. The email info is below. I got some more info from him on the phone as well; but essentially you are accomplishing the same thing (removing a block from service of another vehicle), by installing it in your kit. Instead of using a brand new crate engine and scrapping a pre-74, just rebuild a pre-74. My concern now is VIN/serial numbers on the block and the State Police inspection. I would really like some feedback on that part and whether a title is needed or just a receipt for the block (everything else will be new).

Good Morning Mr. Davis,

I am currently in the planning stages of building a kit car in my home State of Massachusetts. I am a Merchant Mariner, and due to my work rotation I have extended periods of time off and would like to be able to take road trips in the car I plan on building. Because of this, I am seeking to build a car with a total emissions exemption.
I have spent a good deal of time researching potential engine options, and feel that I have somewhat of an understanding of the Massachusetts rules regarding kit cars. As I understand it, there are three options for me to power this car;

· PRE-1974 block - *seemingly best option* I can find and rebuild a pre-1974 block and as long as the numbers prove it that it was manufactured before 1974, then I can do whatever I want to it while also using a brand new transmission and rear end. No title or anything needed? Just proof the block is pre-1974 and not stolen? Ford did not routinely serial number blocks until 1982, so I am not sure how to prove this to the State Police. This seems to be the best option and what I will likely do.
o Is 1974 an acceptable year, or only up to 1973?
· Crate engine, any. - I will need to buy a pre-1974 car of equal or greater displacement that has been registered for at least 12 of the last 60 months and scrap it. Get emissions exemption. A new transmission and rear end can be used with the crate motor.
· 1974 and Later Donor car- Will need title for the car and will have to use the engine, transmission, and rear end of donor. Responsible for MA emissions of the year of the donor car.

I have not been able to find the actual law or DEP guidance where the requirement states that the engine must be pre-1974 to allow an emissions exemptions if rebuilt. However, this is the year I have found to be the popular cutoff in all online guidance and forums. If you could point me in the right direction, I would greatly appreciate it. I have found several 1974 blocks and would love to be able to use one if possible. If not, a confirmation that a 1973 or earlier will be emissions exempt will greatly help my search. Thank you very much for your time and assistance.

Respectfully Submitted,

Ryan S
Beverly, MA

REPLY

Ryan,
I must commend you on your research, you are pretty much on target.

First, about the year of the block for the first option you list below – it needs to be a pre-1974, which is to say a 1973 or older. That cutoff year was chosen because it marks the start of the catalytic converter era. For purposes of simplicity, we are considering that to be the dividing line for emissions exemption purposes.

Second, about determining the year of an engine block – we have had success with folks sending in a photo of the casting/stampings on blocks, and being able to determine the year of the block. If you would like to send a photo, I would be glad to let you know what we find regarding the block. The intent is to help you verify what you are buying so that you don’t get to the end of the process and find out that your purchase was made based on misinformation.

Third, regarding your second option, scrapping a pre-74 vehicle and transferring the emissions rights to your kit car. The requirement is not quite as you have summarized – the size of the engine in the scrapped vehicle needs to be from an engine size category that is the same as or larger than the crate motor you wish to install. For V8 engines, there are three size categories:

Nominal Displacement Groups
Destroyed and New Engine
Number of Cylinders
Nominal Displacement
Group
3- or 4-cylinder
Up to 3.0 liters
5- or 6-cylinder
3.0- 5.0 liters (up to 302 cu in)
8-cylinder
Small – 4.0-5.4 liters (up to 327)
8-cylinder
Medium – 5.5-6.7 liters (up to 409)
8-cylinder
Large – 6.8 liters or more (over 409)
The destroyed engine or the new engine may have more than 8 cylinders provided both engines are in the same 8-cylinder nominal displacement group.

Following are the other requirements related to the scrappage option:

The vehicle being scrapped must be permanently retired, and the vehicle and its engine destroyed solely for the purpose of compliance with kit car emissions requirements. This means that the retirement of the vehicle is being made for no other purpose, such as cash-for-clunkers, new vehicle purchase incentive, etc. This also means that neither the chassis nor the engine can ever be used again. Acceptable documentation for the destruction of the vehicle and the engine must include:
a. Notification of the Registrar that the vehicle has been junked or scrapped, as per Chapter 90D Section 20E of the Massachusetts General Laws, and
b. A written declaration from the person or firm who junked or scrapped the vehicle that the engine and the vehicle (chassis and body) have been destroyed.

The destroyed engine and the new engine must be of the same fuel type and made for either a passenger car or light duty truck. This means that an engine from a vehicle over 8,500 lbs. Gross Vehicle Weight Rating (GVWR) cannot be used in a kit car. It also means that a diesel engine cannot be installed in a kit car unless a diesel-powered light-duty vehicle is scrapped.

The permanently retired vehicle must have been registered in Massachusetts for at least one year within 5 years of the year in which the kit vehicle is first registered in Massachusetts. Because this option is for Massachusetts-registered kit cars, the permanently retired vehicle must be a Massachusetts vehicle. The 5-year window is intended to provide adequate time for a kit car builder to scrap a vehicle, decide on a certified configuration to be installed in the kit car, and complete the build and registration process. The vehicle need not have been registered to the kit car owner to qualify.

Wrecked vehicles can be desirable as donors for kit car construction, and a wrecked vehicle may be used to meet this requirement. When purchasing a wrecked vehicle to use the scrappage option, the kit car owner must:
Be sure the vehicle has been registered for at least one year in Massachusetts, and
Must complete the construction and registration process within 5 years.
Example: For a kit car first registered in Massachusetts in 2012, the scrapped vehicle must have had a valid Massachusetts registration for at least one year, and the end of that year must be 2007 or later.

Fourth, regarding being able to locate the DEP regulation regarding the kit car emissions requirements/options – under the current regulation, emissions compliance can only be achieved by meeting EPA’s kit car requirements. Amendments to the regulation have been proposed, public hearings held, and the regulatory package prepared. Since the requirements in the regulatory amendment are headed for promulgation, DEP is allowing emissions compliance per the pending amendments. But, since it has not been officially promulgated, it is not showing up in DEP’s regulations.

If you have any questions at all along the way, please do not hesitate to contact me (email or phone are fine). I am here to help you through the process, not to be obstructionist.

Paul Davis
MassDEP/IM Program Branch Chief
617.348.4080
617.292.5530 - fax
Paul.Davis@state.ma.us
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