calling all import legal eagles

Discussion in 'Non Technical' started by hitmanz, Dec 15, 2010.

  1. hitmanz

    hitmanz Member

    I am looking for some help here from people in the know
    I came to Australia couple of years ago and put my 1992 turbo 2x2 restored, stripped painted beloved zed in a container and she came too
    my shipping agent advised me to.. put car on ship, apply to dotas for import approval which could take up to 6wks, shipping from my house via port etc ect could take 4wks, worst case scenario have to pay bond storage for couple weeks, dotas stamp comes thru and im cruising in oz roof off sunny days, however the wheels fell off that plan my baby has been stuck in storage since.this will be her 3rd xmas
    DOTAS flew lawyers from canbera to melbourne to dispute my appeal.
    now a reasonable fellow from dotas agreed if I would comply the vehicle he would fast track things and have it released to the compliant agency for me I think there was a element of sympathy there
    next problem NOBODY in the whole of Australia let alone vic can comply a 2x2 twin zed
    Twin 2door or 2x2 non turbo fine but 2x2 turbo ive run into a bricj wall
    In the mean time I have ironically purchased a 100% compliant 2x2 twin turbo vic plates totally legal and all
    Does anybody out there have a possible solution to the problem
    given that I already now own another zed (shhhhhhhh I havent told the jailed zed there is anothe)r
    Im not trying to defraud the oz gvt and attempt to get this car plated on the road
    given I own a oz compliant zed which has just had the auto rebulit I just want to get my hands on the panels, mags & wheels, engine, actually everything minus the shell and brady bunch blend the two we could all be a happy family
    perhaps I could have a race car buliding company bring it in ?
    if I tried to bring it myself for that reason what level cams licence do I need ?
    is there another avenue anyone knows of? 1992 is it a classic yet ?
    I sort of understand the legal zed I have now must have been a "grey import" same as eveyone else out there who has a 2x2 turbo zed in oz no doubt
    any way enough for now
    happy to fill in any blanks or devulge more to anyone who has a some positive thoughts on the matter
    political asylum im thinking, next course of action? xmas time, xmas island ?
    I miss my zed I did all the work myself which makes the prospect of having to deport her at my cost or CRUSH her unthinkable
    thanks for reading
     
  2. CHILI

    CHILI Indestructable Target

    Grey imports still required compliancing(carried out in Australia by several companies).
    What is the actual stumbling block with getting registration/compliance?
    Have you tried contacting Ben Lippa(Blipman on this forum)? He should be able to provide some info.
     
  3. Pregz

    Pregz Ex Z owner

    If you owned this car whilst living overseas for a period of time you may be eligible for Personal Import Compliance. Ben (Blipman) knows the ins and outs.
     
  4. Raheen

    Raheen Active Member

    You screwed up

    You are supposed to apply for a permit to import prior to shipping regardless of the type of import.

    I dont know why the havent already returned it to the port it came from and charged you for it or crushed it, maybe because you are disputing it (sounds like you are if lawyer are flying around the country to sort you out)

    If the car is really nice why not send it somewhere close and cheap (like NZ their rules are easy compared to ours) apply for the import approval and then get it sent back once you have it, take it to a RAWS (there is webpage with all the z32 approved people, becareful though as only some years/models are possible to comply) then get it rego'ed?
     
  5. hitmanz

    hitmanz Member

    scewed up, yes mate hind sight is always 20/20 I did consult with an import shipping agent and was under the impression that in giving me advice he knew the rules,
    any help out there then in somebody being able to comply a 92 twin turbo 2+2 ??
     
  6. Raheen

    Raheen Active Member

    Here

    RAWS SEARCH

    Link

    It doesnt matter though, you dont have an import approval. Go get one!

    Link



     
  7. stumagoo

    stumagoo Active Member

    unless he moves to NZ I would be surprised if he can import there just for the sale as well. this is assuming thats not where he came from in the first place
     
  8. rollin

    rollin First 9

    you might be able to cut it in half and get it in as parts, but i think even that has to be done prior to departure
     
  9. Raheen

    Raheen Active Member

    your getting confused

    personal import = lived in that country, rego'ed, insured (used the car as your daily)

    SEVS = Special Enthusiast Vehicle Scheme, made after 1989, must be on this list: Link will required RAWS compliance

    hence my comment, take it to NZ, get import approval and send it back. 2nd hand JP cars are in NZ by the truck load, they are really relaxed about it unlike the paranoid people in canberra who i suspect are only trying to protect holden and ford

     
  10. Blipman

    Blipman Beer hooves totally work

    Sorry to hear about your troubles, a couple of questions:
    - the import approval you applied for was what type? As a Personal Import? If so and DOTARS is willing to help you then get them to issue this import approval. You can then move the car from the port and there are a variety of engineers who can comply it. If DOTARS is not coming to the party and you were to apply for Personal import approval now out of the blue it might be hard as they'll say you've been living in Aus for the last 3 years.
    - if the import approval you applied for was not as a Personal Import what sort was it?

    1992 2+2's are not eligible for import as a SEVS vehicle (only 1996-1997 2+2's are) and there is no one in Australia who can comply it.

    Ben
     
  11. stumagoo

    stumagoo Active Member

    yes but they still have requirements about what can be imported, there are safety regulations that have to be met and mechanical work to be done to get it accepted. I am not sure if the Z meets NZ requirements for Imports and as private imports the laws are similar to here so importing from here without having the car on the road etc as a personal import would be hard. chances are the car would also have to be driven and owned for a year there to get it back in here (if boarder control wants to be a pita). Look I am not saying it wont work just that it may not be as easy as shipping to NZ and then back again. the last thing this owner wants is their car stuck in another country with another lot of boarder control grumpy.
     
  12. misszen

    misszen Red ones go faster!

    At the mercy of DOTARS

    Hi Ben - can DOTARS issue the import approval?
    Its a bit like asking your father in law if you can marry his daughter three years after the wedding.
    They have the authority but whether they can comply legally and technically will depend on qualified personell that just may not be available. It will have to go to the top though for legal reasons regardless as statute laws are involved here and are complex in assessment

    Unfortunately raheen was right and I suspect like raheen suggested, that only your appeals have prevented crushing or exporting it already, but that doesnt help you either.

    Given an appeal process is under way the government will default to regulation in this case and point out that you should've had the import cert first - but that doesnt help you- (nor does shipping or crushing it) It is easier for them to crush it or export it - then let it in - thats the truth!
    Legally - you are in a really bad position and Im not going to tell you a lie here.
    Costs of port/ legal fees you didnt mention but I'm sure it wont be helping - so a 4th xmas will come for sure unless DOTARS gets the authority to ship crush it before then - which Im sure they would like - (their endstate)

    You are really at the mercy of DOTARS here so I understand why ben suggests you contact them even though it will be hard to get them to do anything now its in appeals- ask them to approve it and see how that goes down like ben said, but focus on getting them to reccommend what to do, as its very complex now your in appeal stage.
    Tell them your australian citiizen now (one of us) and ask how you can practically get out of this trouble, what do they suggest (what would you do if you were in my position is the common theme to use with all) - Try to fight policy with commonsense in any conversation with them but use them to help solve a complex issue rather than see them as adversaries (argumentative).

    I have some legal experience but I'm not a practioner or specialist in the areas you require. So I am not providing legal advice and completely reccommend seeing a legal practioner that is aware of your particulars before doing anything. I just wanted to help but it doesnt sound good at all - sorry I cant sugar coat it

    Best of luck with DOTARS - let us know how you go with them

    Best wishes
    Linda
     
  13. hitmanz

    hitmanz Member

    thank you to everybody who has given their advice the zed came came from nz originally
    problem I had was I owned a 89 2+2 non turbo which i had restored all pannels on including that 3m cancer birth defect stipple paint on bottom strip, that car in my name for several years then came into posession of a 2+2 t turbo with fully reworked engine original plan was to transplant engine into restored body (Ie na convert to tt)
    however heres the ironic bit if i had off car would have flown thru but a mechanic friend advises me even though there was no way of nz authorities discovering (unless fatal accident inquiry for eg) i would be increasing horse power of na by more than 15% so project would require engineer special certs (nz) so solution strip tt (and restore another shell bit repetative, but transfer all the pannels all legal and above board
    now the sticky bit I had been in posession of the tt for more than two years and drove it as one of three cars but never transfered papers till after the decision to go na pannels to tt and not vise versa
    papers were all transfered just prior to putting in container it was painted all pannels off and put together 2 days before that
    at appeal i submitted statements from previous owner and mechanic etc and all was looking good ownership being "had the vehicle for personal use for two years" which i had HOWEVER i got screwed coz i had my boat in container too and under transport act of 1989 the boat trailer was a vehicle and you cant bring two vehicles in so the lawyer got their scalp however the DOTAS guy in attendance was sympathetic to my case and resolved that if i got the car complied and applied to him to release to a RAWS he would rubber stamp it
    thats when it all went sideways when i researched it NOBODY could aghhh !!!
    despite the fact that i am driving LEGALLY the exact same vehicle now !!
    if I could find a way or somebody to comply it i can get my baby outa jail
    there is a bit more to the story but for now lets see if any one has a idea or new angle ive not thought of yet ( bearing in mind I would be happy with just engine and pannels for my oz leagal zed ) its been a journey and a half and the thought of her being crushed lets just say for now that my anger management class really pisses me off
    thanks again for help guys
     
  14. black baz

    black baz black 'n blue Bazemy

    holy schisen ... that is all beyond me ... lol...
     
  15. angrybear

    angrybear Moderator

    I feel for you.

    I imported a car, but I was lucky in that I had a good read of the DOTARS website first, and I knew what I was up against. Did it anyway. :eek:

    I think you are simply screwed.

    The boat trailer complication is a wonderful example of bureaucracy at its absolute finest. Your best bet at this stage I guess is to import it for parts and use the bits. That is not easy either. I had a look at that myself once before and it seems that to qualify the bits must not be a complete car or be classifiable as something that could be converted back to a complete car. I think that means you will have to cut it in half as has been already suggested, or something equally drastic.
     
  16. misszen

    misszen Red ones go faster!

    Is this a z funeral and wake?

    Hi
    Wow thats messy - No wonder DOTARs wont let you have it to play and want to throw it back to where it come from or crush it without the cert in hand - your appeal means that you are legaly challenging them, unfortunately this is not helpfull but understandable they will move on this quickly now.
    You didnt mention the grounds for which the appeal was made.
    You have not mentioned outcomes/results or status of appeal.
    The end of the appeals process gives them the authority to have your car by default however legally it is still yours so they will try to push you into declaring your hand but you will forced one way or another.
    They will not let this sit there.

    If I were in your position without the full facts of the case, I would be in constant contact with DOTAR's. I cannot see any legal loophole or innocence or out of the box event to use based on the facts

    I would play the appeal but base mitigating circumstances as the foundation of the appeal because I genuinely believe and would prove that I have suffered hardship both then, now and ongoing into the future. I would prove that it was psychologically, physically economically hardship beyond reason or commonsense and that the simple impacts of taking my car in effect off me and at full expense plus costs all because i failed to fill a piece of paperwork is excessive, its my personal car.
    Regardless of what is said, I can assure you that there is one person at DOTARs who can allow your car in if you could prove to them that it is genuine hardship and excess in impact. It is written into almost every authority by virtue of office!

    However you didnt mention the boat with it!!!!!!!!!!!!:eek:

    They will let the boat in and do a default on the car - "i'll let ity in if you can get the papers signed" means -I'm not doing extra favors here or extra work here because your stretching the rules mate - work out what your doing fast!

    Analagy = Its a bit like the gentleman who lost his passport at the airport and had to live their for three years, has been using the place to make money in employed paid work - bit of a gobsmack
    Regardless you appear to be a puppy sitting next to pile of poo on the sofa with an innocent look

    Crikey - What was that NZ out of the box suggestion again - sounds umm...good considering a few changes occurred. I cannot see DOTAR budging now
    How much hair do you have left - seriously - youve done well to keep your sanity. Z Funerals are awful and tragic -but they have good wakes. I would be traumatised by the whole thing - seriously! So you've done well there and perhaps you should be teaching us how to be so tolerant instead


    What I would do given where you are now::eek:

    1. See if i could do it live online and setup cameras etc - all you need is a guy prepared to carry camera and he states he visually inspected it and it passed - not common but - hey miracles can happen! No reason why not - just gotta find the guy willing to back his technique you might call it - but visual is visual whether camera or eye - It works for government when its convenient and it works in a court of law (yr best option i reckon):cool:

    2. contact, liase and take every bit off the car
    have the shell crushed - hold a Z funeral and crush it to death and invite members for a Zx wake

    3. Or ship it back to NZ

    Take your pick??:eek:

    Thankyou for the nice message you sent.
    Just payin my dues cause i got lots help from others recently - I ask a lot of complex difficult questions - so I feel better
    Really sorry I couldnt help you with it anymore though - legally challenging indeed - maybe someone else can see a miracle - option 1 CAN BE DONE!

    Best of luck with your decision
    Regards Linda
     
  17. mafi-zed

    mafi-zed the resident hoon

    if you know which containiner the car is in, bolt cutters might be your only chance lol
     
  18. hitmanz

    hitmanz Member

    I went to appeal based on the complicated process in which two cars were morphed into one and challenged ownership as in pocession, to use and drive on daily basis for two years prior just before I came to oz the car was delivered to car painter prior to xmas but he never got it done before going on break I wasnt bothered as I had only just applied for a job in oz he came back after xmas didnt get painted till late jan early feb and was packed into container with in two days of paint drying they argued and ruled against me having it for continious 24 months to drive so being in paint shop left me at 23months and then to nail coffin shut they threw the boat trailer vehicle at me double whammy
    so I asked about being able to go into remove all the parts off it and have shell crushed which i could live with DOTARS said not our juristiction write to customs which I did only got verbal response via nice guy at dotars to say wasnt looking good coz they had no such protocol for that I had original asked to release it to a raws certified workshop and i would surrender the shell Dotars guy said no would have to remove from car at storeage and wasnt their juristiction do you know of any past cases whereby this has been allowed ? precedent set ?thanks for help
     
  19. misszen

    misszen Red ones go faster!

    Hi
    Can see your giving it a good go and following natural chain of progression
    Unfortunately Im not a specialist as stated in this specific area - so Im not up to speed with specific precendences - ben maybe able to help here more than me here on past experiences with customs
    I used to wear a black dress lol (prosecution and defence) but just do simple things now - bar chick - lol
    Did you approach customs directly or through DOTARs? Customs is where you need to be in the endstate, there doesnt have to be a precedence for you to get through this, just have to convince someone with commonsense and logic who is willing to accept jurisdiction and responsibility. Jurisdiction is with customs at the moment and likely to stay with them. I would go directly to them if you have not.
    If all else fails and you get no joy - write a ministerial to the Customs head requesting access to the vehicle and why, explain the loophole your in, keep it simple short and logical, request advice as to how or what steps if any you may need to take to facilitate this authorised access to the vehicle.
    Its tough but keep persisting youve done 90% of the work and still have some hair, so dont give up yet.
    If it was me - I wouldve went the video camera/JP link to an authorised assessor overseas for reasons already mentioned - there is precedence for this in many situations as stated - and it keeps it with DOTARs not customs.
    I will see some friends who might be able to provide some guidance on this situation in the meantime but the options are running out now as youve progressed a fair way (past Dotars), if you like you could send me the letter for me to proofread for a second opinion

    "Possession is nine tenths of the law" and you still own it

    Best wishes
    Linda
     
  20. misszen

    misszen Red ones go faster!

    did you try the Institite?

    Hi
    Oh ...I forgot
    It might also pay to contact someone like the Automotive Institute of Engineers
    There are some very good specialists there, they may be able to advise, it is likely they have encountered this specific but not so common issue before - theres no harm in asking they, are very helpful and knowledgable - I'm sure they would be able to help you in someway
    Cheers
    Lin
     
    Last edited: Dec 21, 2010

Share This Page