First, it depends on whether they are new or used scooters
as the new ones will be easier to import (titles, emmissions,
etc.). And you want to make sure they are actually under
50cc (most 50cc are actually 49cc) for licensing.
Laws vary from state to state, but most states do not require
a motorcycle license (which means people can avoid the special
courses and tests, etc. that a 50cc motorcycle license requires)
to use a sub-50cc scooter, but since it is motorized, people
sometimes need a regular drivers license.
Some states take the top speed of the scooter into account as
well as the motor size, as well as whether it has a kickstart
in addition to the electric starter.
From the Scooter FAQ (several places to find; here is one):
http://www.dreamscape.com/danny/faq/index.html
6.8 -- Can I import a model not sold in the USA?
Theoretically, the answer often is "yes", but with major reservations.
First, all scooter models never sold in the USA typically have never
passed regulations governing safety (administered by the DOT) or
emmissions (adminstered by the EPA), so these two major issues must be
dealt with before even making any arrangements with overseas dealers.
If the vehicle is used and already owned by the person seeking to
import it, often the regulations are easier, though not if this model
has never been legal for US import. Overall, it's much easier to buy a
grey market, scooter then to somehow import one yourself. Because even
Americans commonly confuse the dividing lines between state and
federal jurisdiction over motor vehicles in the USA and are thus
confused which government agencies and at what levels will handle the
various issues involved in personal importation, the maze that must be
navigated is rather daunting. [12/99]
7.1 -- Who administers vehicle safety regulations?
In the USA, nearly all safety regulations regarding motor vehicles are
administered by the federal government through the US Department of
Transportation (DOT). This agency, through the National Highway
Traffic Safety Administration, decides safety standards for all new
vehicles sold new or otherwise imported into the USA. Some of their
concerns include braking and lighting systems, tires and rims,
crash-worthiness and other such concerns, evaluated according to
publicly available standards. Unfortunately, these standards were not
developed in conjunction with other countries, so often vehicles
certified as safe in Japan or Europe (for example) will still not
typically meet more stringent US standards. This is why manufacturers
must make a conscious decision if they want to market their scooters
in the USA and if so, to make whatever modifications are necessary to
meet DOT concerns and regulations. This is usually a time-consuming
and expensive process, unless less stringent standards have been
assigned for that vehicle class, such as has been done for mopeds. All
government agencies in the USA either classify scooters as mopeds (if
they're under 50cc and otherwise qualify) or by default, as
motorcycles. There are no scooter regulations per se. Additionally,
individuals wishing to personally import vehicles not already DOT
approved must follow the rules governing personal importation of
non-conforming vehicles. [12/99]
7.2 -- Who administers regulations regarding vehicle emissions?
The US Environmental Protection Agency (EPA) is a federal bureau
delegated the task of enforcing American laws governing air, water and
land pollution. This agency sets standards for all motor vehicles sold
and imported into the USA for tailpipe emissions and this typically
affects scooters. EPA standards are much more lax for vehicles under
50cc (which are usually, but not always, considered mopeds) than for
larger vehicles. Contrary to popular myth, the EPA has never
"outlawed" two-stroke engines in the USA of any size, though as a
practical matter, most of them above 50cc can no longer meet the
standards and thus are not allowed to be imported or manufactured,
though obviously technical advancements may get around that problem.
Further, each of the various 50 states has the right to impose
stricter emission standards then the federal government, but never
more lax ones. In particular, the most populous US state (about 10%
the US total), California, has chosen to utilize this option, because
of severe air quality problems. This is why vehicles must typically be
certfied as either "CA compliant" (California only) or "US compliant"
(the other 49 states). It should be further noted that other US
states, especially in the northeast (NY, MA, CT, etc.) are planning to
adopt the stricter CA standards on emissions, though it is unclear at
this time how or even if this will affect scooters (because they may
exempt motorcycles and modeds). [12/99]
7.3 -- Who oversees vehicle import regulations?
Anything imported into or out of the USA must pass through the domain
of the US Customs Service. Among other functions, this agency enforces
all applicable US laws governing the import of motor vehicles like
scooters. seeks to stop shipments that are intended to somehow
circumvent current US laws. They also collect taxes called duties on
shipments generally not intended for personal use, as when scooters
are shipped in freight containers for resale. All scooters imported
into the USA, whether for resale or personal use, must "clear" US
Customs, which means this agency must certify the shipment contains
goods in conformance with current US laws. Often this becomes a major
issue when someone wishes to personally import a scooter into the USA.
The proper procedure is to have paperwork for customs officials that
certifies the vehicle meets all applicable regulations for safety and
emissions. Often individuals do not have such documentation and then
they have two choices. First, they can utilize licensed agents to make
these certifcations. Though exact figures are difficult to obtain, it
appears these agents most commonly handle very exotic motorcycles and
because of this, they typically charge fees ranging from $1000 and up.
The other alternative is for the individual to collect all the proper
documentation while their scooter sits in a US Customs Bureau
warehouse.
Some people get around these issues by buying from dealers in Europe
and paying to disassemble them and then ship them to the USA as
"parts". Many of the larger European shops can and will do this for
you. If you are buying "parts" for personal use, there is typically no
tax or duty. However, it's important that the shipment be broken into
at least three boxes, one being the bare frame, another the engine,
and the third would be everything else. Anything less than three boxes
would make it appear you're not really shipping parts, but simply a
disassembled vehicle masquerading as parts. Any competent scooter shop
in the USA can then re-assemble the scooter for you, assuming you
don't want to do it yourself. It's legal to buy new parts and it's
legal to make scooters from parts, it's just not legal to break down
new scooters to get around US Customs regulations in this way, so you
should consider the moral and legal ramifications of this approach.
The most common penalty for being caught smuggling illegal scooters
into the US is forfeiture (destruction of the scooter) and fines.
Depending on the flagrancy of the violation (accidental versus
willful), probation may also be imposed. Imprisonment is only sought
for repeat offenders. [12/99]
Various links:
http://www.epa.gov/
http://www.dot.gov/
http://www.nhtsa.dot.gov/
http://www.customs.ustreas.gov/
http://www.customs.ustreas.gov/impoexpo/impoexpo.htm
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