Le magazine et marché mondial pour les passionnés de voitures classiques, par des passionnés.
Le magazine et marché mondial pour les passionnés de voitures classiques, par des passionnés.
This is no April joke(!) like a week ago: Dutch customs and tax authorities have put charges against a company that has been importing costly cars for a number of years with - among others - also various cars that you would consider as full replicas. We understand that these cars were imported while paying import duties for antique cars, collector items if you want. In various cases they were also being registered for road use as if they were old cars. The Dutch customs say they have proof these are new cars and have laid a 700,000 Euro claim on the company for non paid taxes on new cars. So far just a boring tax issue.
The next step however is - if these vehicles are seen as new cars - what will happen with their recent road registration? New cars need a type approval, crash testing, airbags, etc. So will these cars end as museum toys that at the best can be used at racing events?
In the end it is the chassis, its number, its registration and documented history what makes a car an old car. When you buy an old car you have to research what it is, determine what it is, decide what it, and what you can do with it. If you don't know about all these things, then be sure to seek independent professional advise before you buy. Keep in mind that any old car can have a new(er) engine, a new gearbox, a new body, new front and/or rear axle and sometimes also a new chassis. All this without loosing its paper identity.
You will understand we are entering a swamp with no end here. Especially when you take into account that there are many lesser known cars that receive a new chassis during restoration.
It is for instance very well possible to build a new Model T from new parts available from the shelf. Would that be an old Model T or new Model T?
Also you may know the famous old story of the man who put down a piece of tin with a number stamped in it on the desk of a famous restorer and was asking: "This is what remains of my Ferrari Testa Rossa, can you restore it for me?" Was the 'restored/recreated end result an old or a new car?
And what is the identity of a Special made out of a saloon that received a new chassis?
Is the widely offered Bentley Le Mans recreation a 1928 car or a 1948 Rolls-Royce as that was the year of the original basis.
Is that Jaguar D-type replica registered as 1963 because that is the year of the engine, front and back axle? Or 2011 as that was the year it was created from old parts plus new chassis?
Last example: in this country officials approve of old 2CV's being upgraded with a new chassis for safety. And allow those cars to keep their old identity.
Bottomline, you're safe with a truly original car. When your car is just a tiny bit or a bit more besides being an original, you may feel a lot safer when you don't live in Holland. But mind you the issue is spreading and this is not the only country in the world where these issues have the attention of governmental organisations. History and provenance are becoming more important every day.
Finally: we love to hear your opinion in this. But we will not allow personal attacks, shouting or anything close to that. This is about the future of the hobby and we like to hear clear and preferably wise opinions, ideas and suggestions.
This problem is well known since years, but it has always been downplayed. Some years ago a large German classic car magazine describes such behaviour as "Schummelei" (trickery), and "man besorgt sich eine alte Original-Chassisnummer" (obtaining an old original chassis no.). Trivializing something which in fact is clearly fraud! Another magazine wrote “streng genommen handelt es sich um ein Neufahrzeug†(strictly speaking such car will be a new vehicle", and "Zulassungsversuche dürften daher meist chancenlos bleiben†(registration attempts therefore will be mostly unsuccessful). "Strictly speaking" and "mostly"...?
The legal situation is absolutely clear, a replica is a new vehicle, and as such it is not permissable for road registration as it does not comply with the technical legislation. The reversal consequently is that all road registered replicas have achieved such registration fraudulently. And in case of imported cars even by committing tax fraud.
However, who is blamable for the tax fraud? Juridically a difficult question, but in first instance the party who officially performed the import procedure. But if this party can claim that the exporter sold them an original restored car...? Complicated stuff for lawyers and attorneys. But one thing is clear without any doubt - anybody who buys a "Pampa Bugatti" knows quite well that for such money he NEVER can have an original!
It can be expected that from now on it will be much more difficult to import South American replicas, but there are still ways and channels. But it can be also expected that such market gap soon will be filled with supplies from some eastern EU member states, where reportedly the "Bugatti production" is already in full swing.