Hi All,
I guess the way things have worked out this may be my first and only post on the board. I've been lurking for a couple of months while I built my "not a Manx" intending to debut it here but instead I'm posting to give a head's up. "not a Manx" is on it's way to Florida next week regards of eBay this morning. Yep, I fell pray to Texas Administrative Code Title 43, Part 10, Chapter 217, Subchapter A, Rule 217.3 from which the Assembled Vehicle Manual (AVM) takes it's guidance concerning the prohibition on dune buggies in Texas.
Here's the short story. I purchased the Berrien frame, body, and donor VW mechanicals from another gent in early summer intending to build it out and do a frame change to the donor VW title so the VIN would be correct.
Fast forward to a week ago in the title office. Having my proper VW title I submitted paperwork to change the frame per the AVM. I had an MCO from Berrien with the VIN as well as all the AVM required docs and insurance. As soon as the clerk saw "Buggy" on the MCO she took all the paper to the back then came back asking for weighing, pictures, etc saying they didn't believe that it was a VW because they searched the internet and found Berrien sells dune buggies. So that was it.
Since I had nothing to lose, I called the Texas DMV and started trying to find the law that backs up the AVM. Very nice lady (Ruth) at the DMV did a bunch of research with me on hold and spoke to her supervisor and they ultimately decided what I had should be fine to register so they asked for emailed pics. Then I ultimately received her response via email later in the day:
From: Clark, Ruth <Ruth.Clark@txdmv.gov>
Sent: Friday, August 11, 2017 3:27 PM
To: Ted
Subject: RE: Berrien Nostalgia Kit Car
My supervisor reached out to our Title Policy and Procedure planner in Austin and received the following response.
“This would be determined by the department to be a dune buggy. Law explicitly states we will not title/register a dune buggy. “
Per Texas Administrative Code Title 43, Part 10, Chapter 217, Subchapter A, Rule 217.3:
(6) Not Eligible for Title. The following are not eligible for a Texas title regardless of the vehicle's previous title and/or registration in this or any other jurisdiction:
(A) vehicles that are missing or are stripped of their motor, frame, or body, to the extent that it materially alters the manufacturer's original design or makes the vehicle unsafe for on-road operation as determined by the department;
(B) vehicles designed or determined by the department to be a dune buggy;
I hope this information helps, if you have any additional questions do not hesitate to call.
Have a wonderful weekend.
Ruth Clark || Customer Service Representative
Longview Regional Service Center
The "not eligible for a Texas title regardless of the vehicle's previous title" is a big one in my opinion. At this point I called it quits and it's on it's way to Florida.
Best of luck everyone. I'd keep'em close. Can't believe even California has more sense on this than Texas!
Regards,
Ted

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