Driving my car into the US that isn't available in the US

Hey folks,

I'm a Canadian citizen with a Canadian registered vehicle that I'm hoping to drive in the US. I own it outright and it is registered and insured in my name.

Normally I'd drive it across the border without worrying, knowing that I'd have to return the vehicle to Canada within a year [right?] due to US laws.

My concern [and reason for making a new thread] stems from knowing that the car I drive was never available in the US. I imported it to Canada originally from Australia. It's a 16-year-old car so it was exempt from all safety and emissions provisions in Canada... hence me being able to import and register it.

I'm afraid that if I drive my car into the US that they'll try and stop me or take my car even though it's a Canada-legal vehicle. When a car from Canada is in the US is it covered under the safety/emissions laws in the US or does it get "diplomatic immunity" since it's a Canadian car?

I know that similar questions get asked all the time here but I couldn't find my particular case after some searching. Anybody have any advice?

Thanks!

As long as you are continuously living in canada, or considered resident there (like a Cdn student at US university), and thus not required by any state to register your vehicle there, you are not subject to any import/registration/emissions requirements, neither federally nor at the state level.

However, if you either intend to have the vehicle in US for more that one year, OR you will resident in US (likely as a temporary worker), then the state registration requirements will kick you into the federal importation realm, which includes duty, NHTSA safety reqs, and emissions.

There are indeed different rules for bringing in a Cdn-made/bought car and one neither bought nor made in canada, but importation of foreign cars is possible, although it would likely be very expensive, and not all cars -- not even some US-made cars for the Cdn market -- qualify.

The CBP and NHTSA has information on private non-commercial importation of foreign cars. Google please.

Thanks for your answer! I'm definitely not going to import the vehicle to the US - I know that it is impossible. Many have tried. More than happy to keep it registered in Canada.

One curveball is that I am a dual citizen. I'm Canadian by birth but was born a "US citizen born abroad" so I have complete dual citizenship.

I bounce back and forth between countries constantly. I am considered a California resident most of the time but own the car in Canada.

It puts me in a strange spot. According to Canada I'd be a Canadian citizen just driving my Canadian vehicle in the states temporarily. According to the US I'd be a California resident driving a vehicle registered in Canada. I fear that they'd accuse me of driving an unregistered vehicle in California or attempting to import an illegal vehicle as a result... which would result in them crushing the car.

I feel like I'd almost need to carry my Canadian passport around with me to demonstrate to California PD that I am, indeed, a Canadian and that the vehicle is properly registered to me in Canada. Heck, I'd probably need a notarized document describing that I am not intending to import the vehicle or keep it in the US longer than the legal period.

I fear that they'd accuse me of driving an unregistered vehicle in California or attempting to import an illegal vehicle as a result... which would result in them crushing the car.

A tad over-dramatic, methinks. Your biggest fear should be insuarnce coverage denial after an accident. You can't have Cdn insurance on a car while your address is in US, unless you have written consent from the insurer.


Most states have a rule about requiring your plates and DL to be from the same jurisdiction. Now there is a little wiggle room if you have a DL from both countries.

This is not a diplomatic issue. If you are considered to live in Cali, then you need to abide by their rules. There is no rules on what Cdn citizens can drive accross the border, only what Cdn residents can drive/import, etc. A vaild cdn DL would be much more important than a Cdn passport.

At a minimum, you should be temporarily importing the car, see:
https://help.cbp.gov/app/answers/detail ... to-the-u.s.

This does not require any standards, but it does require that you be a non-resident (US citizen can still be non-resident-- Code 'O' on form 3520-1, Box 5 on form HS-7). If you are US resident, you simply cannot temporarily import the car, no matter how little time. This is where the insurance problems kick-in.

The other choice is to wait until the car is 21 years old, after which the same waivers that you have in canafa kick-in for US, I believe.
btw, what kind of car is it?

Curious on the 21 year rule you are quoting. If that is for the USA or not?
I believe that NHTSA has it at 25 years for the USA, and everything keeps showing the same.
Also as I believe as the vehicle never actually met Canadian standards.
It would go to standards from the country of manufacture?

My reason for asking all this is I do have a car that is 21 years old, but not 25, and would be really appreciative of rescuing it from Canada where it is rusting away in a snowbank half the year.

Thanks.

You are correct, the age is 25. The 21 years applies to exemption from EPA standards. Thanks for the correction.

One time I wish I wasn't right, that is for sure... Oh well. Thanks for the response.