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Greenlight Law

Started by Lexi, June 02, 2020, 11:11:24 PM

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Lexi

A buddy of mine wants to buy a '62 Caddy that is currently located in the Buffalo area. He lives in Canada and was advised that recent changes have made it more problematic to import a car from New York State to Canada, (temporary border shut down aside). Has anyone recently experienced a problem in that regard? He advised that it is related to the "Greenlight Law" of New York State. On the surface it appeared to me that this law did not apply, but he has reason to believe that it may; especially with regard to obtaining a proper title first. As a result he is concerned about buying this Cadillac if there is the potential to have the vehicle blocked from leaving the State, (at the border). Thanks for any insight with this matter. Clay/Lexi

spolij

Maybe if the seller drives it to Canada the sale could be made there.

Mike Josephic CLC #3877

#2
Having worked for an international company for 35
years, I can foresee a number of issues.

1) transfer of the title from the U.S. to Canada
2) Canadian antique vehicle laws vs. U.S. (what is
allowed / require equipment to import a vehicle)
3) Importation of the vehicle for sale and possible
tariff implications - there is a formal group of papers
that have to be notarized to do import anything into
Canada from the U.S. that require a declaration of
value (an appraisal) may be needed).

I could go on but I think your friend needs to see an
attorney or import / export firm that specializes in
these matters.  Otherwise, he would risk being turned
away or worse, impoundment of the vehicle at the border.

Pay the money up front to have an "expert" guide the
transaction.  From what I understand about the
"Greenlight Law" it applies to illegal aliens in the state
of NY in the U.S. seeking drivers licenses.

Again, consult an expert.

Mike
1955 Cadillac Eldorado
1973 Cadillac Eldorado
1995 Cadillac Seville
2004 Escalade
1997 GMC Suburban 4X4, 454 engine, 3/4 ton
custom built by Santa Fe in Evansville, IN
2011 Buick Lucerne CX
-------------------------------------
CLCMRC Museum Benefactor #38
Past: VP International Affiliates, Museum Board Director, President / Director Pittsburgh Region

harvey b

He should call a customs broker,they can tell him what he needs,the car will need to be transported over the border,no personal travel is allowed at all.It is relatvely easy to import a car from the US,i used to import a lot of vehicles for re-sale,If he uses a broker it is easy,they do all the paperwork for you,isnt that expensive,well worth the money.Google for customs brokers and he should find lots,they all charge about the same,Finding a transporter will be the biggest headache,it was always my biggest problem when i was moving cars around :P  good luck  Harveyb
Harvey Bowness

D.Smith

Talk to Dan LeBlanc.   He lives in Canada and buys sells old Cadillacs with people in the US

Dan LeBlanc

#5
Bringing a car from the US into Canada is super easy to do.

A copy of the title and bill of sale need to be at the border crossing where the import will take place 72 hours in advance.  If the state does not issue titles to older vehicles over a certain age, you'll still need proof of ownership (registration), and a letter from the DMV stating that titles are not issued to vehicles in excess of XX years old. 

New in the last 10 years is the requirement to do an AES filing.  Most people will say you need a broker to do this.  The last 3 imports, I did it myself using an online company and it's only $75.00.  http://autoexports.us is the address, fill out all the information, and you'll have your AES paperwork within 24 hours.  Most times, I've had it within a few hours.  This will give you an ITN number that also needs to be provided when you furnish a copy of the bill of sale and title.

Then, go get the car, show up at the border crossing on the US side first - you need to stop there.  They will verify the VIN, the paperwork, and stamp it.  Proceed to Canada Customs, stop there, declare the vehicle.  You'll need to go inside.  They will give you an import form that they fill out, collect the 5% GST and the $100 excise tax if the car has a/c, and that's it.  Then you take that paperwork to the ministry to get your plates and, at that time, they'll collect the PST.  Taxes are collected on the value of the car in USD, converted at the exchange rate of the day.  If you live in a province where appraisals are required, the establishment of value at the border overrides that and the province has to abide by the value established at the border.  To make proof of value easy (because the border officials can dispute what you paid if you state it verbally), I either bring a copy of the wire transfer from the bank, or a copy of the bank draft used to pay for the car.  As long as you have reasonable proof of the transaction value, there should be no issue.

Where it's a 62, there's no requirement to go through the RIV program where you have to add DRL's, get a recall letter from the manufacturer, and have your compliance inspection done at Canadian Tire - it's exempt from the program.

Southbound is a little more complicated, so when I send a car south, I use a local broker and of the couple of times I've done it, there's been no issue on the buyer's end.
Dan LeBlanc
1977 Lincoln Continental Town Car

Dan LeBlanc

#6
Quote from: spolij on June 02, 2020, 11:35:29 PM
Maybe if the seller drives it to Canada the sale could be made there.

DO NOT DO THIS!!!!  YOU CANNOT SKIP THE BORDER!!!  YOU COULD LOSE THE CAR!!!
Dan LeBlanc
1977 Lincoln Continental Town Car

Lexi

Thank you to all for your input on this matter. Earlier I had advised him to contact a broker as some of you also have suggested. Oddly enough, he had already done that, which is when this Greenlight law issue came up, as well as "title" vs "registration" somehow complicating things further. He insisted that recently there has been a change at the border; with Federal jurisdiction having an issue with New York State law application. Wish I had more information, but that is the reason he asked that this matter be put to the Forum to see if members have encountered this recently, (New York State to Canada vintage car import). It seems to be a matter above my pay grade and as he is still concerned I shall advise him to seek out another broker who specializes in these matters. Much appreciative to all who took the time to respond. Should my buddy proceed with the purchase and importation of this vehicle, I will update this thread. Clay/Lexi

goob

NY State started to issue titles with the 1973 model year. You cannot get a title for a vehicle 1972 or older in NY State, a transferable registration is proof of ownership.
Also, the green light law should not come into play unless you're an illegal alien trying to get a driver license in NY State.

Lexi

Gary, yes that is my understanding as well. The car I am told does have a transferable Registration. I also thought that the Greenlight law had no application here for the reason you gave. I will be interested in seeing how this works out, should he purchase the Cadillac. Long story short, he learned rightly or wrongly, that recent changes in New York State law may impact the importation of a vintage car, due to Federal regulators having issue with that State's Legislation. Should this prove to be the case, I will advise members of this Forum for their information and attention. Clay/Lexi

harvey b

The broker i used to use was A.E. Horne and son,they were in St Stephen New Brunswick,always had good luck with them,were easy to talk to,the only time it got expensive was when it was after hours,but if you are expecting a car you should be ok.I dont think the broker has to be at the ccrossing when the car comes,they have all the paperwork ready for the driver when it arrives,most companies wont take a car unless it is all ready to go,holds up the drivers.Just make sure all the I's are dotted and the t's are crossed and your good to go. Harveyb
Harvey Bowness

Dan LeBlanc

A.E. Horne used to clear my inbound shipments of chocolate and nuts when I used to work for Ganong Brothers.  Any good Atlantic Canadian such as yourself should be familiar with Ganong.

My ex-in laws called me to help with the import of a motorhome.  I sent them to Chris at A.E. Horne and they had zero issues bringing it in. 

For cars going southbound, I use AN Deringer in Calais, ME.
Dan LeBlanc
1977 Lincoln Continental Town Car

Lexi

Dan, Harvey, much thanks. I will pass on your brokerage tips. My buddy who said a couple of Ontario (Canada) residents recently had issues with importing old cars from NYS, while he is also aware of two others who experienced no issues. I asked him about Greenlight law, and he replied that the Feds were not happy with the application of it in NYS, so they were causing problems at the border. Here is a brief December 2019 clip from the net on Greenlight law and why the Feds at the border are upset:

Federal immigration and border officials have been blocked from New York's DMV database, a move that keeps them from accessing data that can be used to help determine whether a vehicle owner has a criminal history or a warrant for their arrest.

New York's Green Light Law took effect Saturday, allowing those without legal immigration status to apply for driver's licenses in New York.

But the law also included a provision prohibiting state DMV officials from providing any of its data to entities that enforce immigration law unless a judge orders them to, leading the state to cut off database access to at least three federal agencies last week.

Among them were U.S. Customs and Border Protection, or CBP â€" which patrols the U.S.-Canada border in New York â€" and U.S. Immigration and Customs Enforcement, or ICE.


So now I see why the Feds would not be happy with the New York State DMV personnel if they can't access ownership data. That seems to be the explanation as to why the border has (allegedly) blocked some vehicles from entry into Canada. So, any CLC member wishing to import a Cadillac from NYS would be best to certainly deal with a broker who is "up to speed" on this issue. Clay/Lexi