Texas Becomes The First State To Win The Battle Against Imported Car Bans

For the past three years, enthusiasts across the central and eastern parts of America have been living a nightmare after their states decided that their legally imported Japanese cars were no longer able to be driven on the road. Some enthusiasts sued their states while others appealed to their DMVs. Texans worked with their lawmakers, and now the state will be the first to successfully reverse a ban on imported cars.

If you haven’t been following this multi-year saga, I’ll bring you up to speed. The Imported Vehicle Safety Compliance Act of 1988 was passed under the guise of protecting American consumers from potentially unsafe imported vehicles that weren’t built to Federal Motor Vehicle Safety Standards. The law effectively bans the importation of non-compliant vehicles until they’re 25 years old or they have been converted to U.S. standards. Once either is met, the federal government no longer cares. So, many enthusiasts wait until their favorite vehicles reach that magical age. Sadly, states have been pushing back.

In 2021, Maine changed its laws to state that any vehicle that does not meet FMVSS is an off-road vehicle and therefore not legal to drive on its roads. This change was made infamous when the owners of Mitsubishi Delica vans began reporting that the state revoked their registrations. As if a floodgate had opened, other states joined in, removing imported Japanese cars from their roads in one way or another.

UPDATE: By popular demand, you can now get a t-shirt and sticker showing your support for imported car ownership.

Update: To be clear, Maine was not the first state to ban Kei trucks. Many states had existing bans on Kei trucks dating back a decade or longer. However, Maine was the first state to enact a practically universal imported vehicle ban under then-new guidance issued by a lobbying group. This triggered other states to follow suit, as I’ll explain below.

Since Maine kicked off the tidal wave, enthusiasts in Rhode Island, New York, Pennsylvania, Wisconsin, Georgia, and Texas have all reported headaches in getting their vehicles titled and registered. Kei truck registration has been a longtime battle in Texas, with Kei truck owners reporting registration denials as far back as the late 2000s. However, things appeared to get better just for them to get worse again in 2021, the same time the aforementioned states started their own bans.

What A Headache

As I have reported many times before, all of this traces back to the Association of Motor Vehicle Administrators (AAMVA). The AAMVA is a non-governmental non-profit lobbying organization composed of motor vehicle administrators, law enforcement administrators, and executives from all 50 states, Canada, Mexico, the Virgin Islands, and Washington D.C. Among other things, the organization seeks standardization of laws across member states regarding traffic safety, vehicle titling, and driver licensing. AAMVA does not have legislative power but it does urge all member states to follow its “best practices.”

The AAMVA has been studying Japanese and Chinese Kei vehicles since at least the late 2000s. Back then, the AAMVA didn’t really know how to handle the flood of cheap 25 mph speed-limited off-road utility trucks that came in from China. The answer came courtesy of an Insurance Institute for Highway Safety opinion published in 2010. The IIHS crash-tested a Kei truck against a Ford Ranger and concluded that low-speed vehicles and mini trucks are unsafe and should be removed from the road.

From that point forward, the AAMVA has advocated against allowing Kei trucks from being allowed on state roads. In 2021, this guidance went even further, essentially telling states to ban any vehicle that doesn’t meet FMVSS. The AAMVA was serious about this, stating in its documentation that if banning a vehicle ran afoul state law, it urged lawmakers to change the laws until the ban became legal.

To these states, it doesn’t matter that a 25-year-old Kei truck imported from Japan doesn’t have a speed limiter and is exempt from meeting FMVSS on the federal level. The states retain the right to determine what can and cannot drive on their roads. Weirdly, while the AAMVA is urging the states free will to ban any vehicle that doesn’t meet FMVSS, states have focused primarily on imports from Japan, usually just in the Kei class.

This has caused turmoil within enthusiast communities in the impacted states. It has also caused concern in states that aren’t currently banning JDM cars. If Maine wants to stop people from registering Mitsubishi Delicas, nothing is stopping Illinois from doing the same.

Enthusiasts have been fighting back, from individual DMV appeals in Pennsylvania and Rhode Island to a lawsuit in Georgia. One Maine lawmaker even introduced a bill that would have reversed the ban in that state. Sadly, that bill didn’t get traction and died off. Some people have gotten small victories in their individual appeals, but until now, not a single state has reversed its bans. That was until Texans got involved.

Come And Take It

In my last entry, I noted how I spoke with David from the Texas Kei Truck Advocates. A lot of Kei truck advocacy groups have launched in the wake these bans, but the Texas Kei Truck Advocates had a different strategy than everyone else.

Here’s what’s been happening with Kei truck owners in the state:

David and I spoke on a call where he revealed that the situation in Texas is a bit weird. Some Kei truck owners haven’t experienced any issues registering their vehicles while others have been getting turned away from the DMV. It would appear that some counties are better than others. This does mean that Texas Kei truck owners are currently in a better position than Kei truck owners in, say, Maine, but it’s still not a great place to be. If you don’t know if your Kei truck will be able to be registered, you may think twice about putting down your hard-earned cash on one.

Which is right? Are Kei trucks legal in Texas? According to the January 2024 edition of the Texas Vehicle Title Manual, the answer is no:

Mini-trucks
Vast numbers of used Japanese mini-trucks and vans (also known as Kei-class vehicles) are being imported into the US primarily as off-road vehicles. Some states allow mini-trucks to operate on roadways as low or slow speed vehicles. Mini-trucks are not eligible for title or registration due the vehicle’s lack of compliance with US environmental and safety standards.

The Texas Vehicle Title Manual then goes on to clarify that Kei trucks do not meet the definition of a motor vehicle, therefore they cannot be titled. The confusing part about that is that Texas law doesn’t appear to support that assertion. I could not find a law excluding Kei trucks, mini trucks, or imported cars from being classified as motor vehicles. I didn’t even find the AAMVA wording that any vehicle not meeting FMVSS should be removed from Texas roads. Unlike Maine, Texas did not appear to change its laws, just its DMV policies.

This put Texas Kei truck enthusiasts in a weird spot. The DMV’s official policy was to deny the title and registration of Kei trucks, but clearly, not all DMV offices have gotten the memo. Now, they could have decided to wait it out. As I said above, some people were still reporting success getting their Kei trucks on the road.

However, the Texas Kei Truck Advocates didn’t want to wait for Texas to start revoking titles like the other states are doing. Instead, the enthusiasts wanted to get ahead by working with lawmakers to get the DMV policy changed. Some people felt that Texans were rocking the boat and they should have just left things alone. The enthusiasts ran the risk of alerting the DMV that some offices weren’t following the rules, and thus accidentally end up triggering the statewide ban they were hoping to avoid.

On the other hand, working with lawmakers instead of working against them could result in success. That was the gamble Texas enthusiasts were willing to make. So, David told me that the Texas Kei Truck Advocates reached out to the Texas DMV as well as lawmakers over the state, including Governor Greg Abbott. They approached the situation armed with a multi-page document explaining what Kei trucks are, how they’re different than 25 mph-limited mini trucks, how the trucks are federally legal, and how banning these vehicles would negatively impact small businesses in the state.

It should also be noted that these bans aren’t being applied equally. According to the AAMVA, vehicles that were not built to FMVSS are too unsafe to drive on American roads. Yet, save for the crackdown in Maine, the logic is being applied only to tiny Kei vehicles from Japan. I can import a 1999 Smart City Coupe or a Mercedes-Benz A-Class, two European city cars that were never built for U.S. roads, but have no problem registering them because they aren’t Kei cars.

In a welcoming turn of events, the Texas DMV did not shut the door with the Texas Kei Truck Advocates, but agreed to review its policies.

While this was happening, we also reached out to the Texas DMV and to Texas State Representative Gene Wu. The DMV didn’t get back to us, but Rep. Wu, along with other lawmakers, flexed some muscles. As a result of all of these efforts, Rep. Wu was pleased to announce that Texas will be reversing its policies on Kei truck registration, from Representative Gene Wu on X:

In a statement, Rep. Wu said:

“I’m very grateful to the wonderful people at the Texas DMV who took our inquiry seriously, even though it was just a mini-request, and reformulated their policy to include the interest of thousands of Texas automotive enthusiasts, like myself.”

Rep. Wu actually understates how big this win actually is. Texas is officially the first state to reverse the damage started in 2021. David is understandably very happy, too. He sent me this message:

“Today marks a momentous day for Kei truck owners, enthusiasts, and small businesses across Texas. Thanks to the tireless efforts of our grassroots advocacy group, The Texas Kei Truck Advocates, and the support of our passionate community, we have successfully achieved a policy reversal at the Texas Department of Motor Vehicles. As of today, Kei trucks are officially street legal in the Lone Star State.

This victory is a testament to the power of civic engagement and the importance of standing up for our rights and freedoms. By engaging with our state legislators, sharing our personal stories, and highlighting the unique value that Kei trucks bring to our lives and communities, we were able to effect meaningful change.

We would like to extend a special thank you to state Representatives Will Metcalf and Terry Canales, as well as Senator Brandon Creighton. Their support and advocacy were crucial in helping us achieve this policy reversal. We are grateful for their willingness to listen to our concerns, understand the importance of this issue, and champion our cause at the TxDMV.

We also extend our heartfelt gratitude to the TxDMV for their willingness to listen to our concerns, review their policies, and ultimately make the right decision. This policy reversal not only benefits current Kei truck owners but also provides a lifeline to small businesses that deal in Kei trucks. Many of these businesses have faced uncertainty and financial hardship due to the previous restrictions on Kei truck registration and use. Now, they can operate with confidence, knowing that their vehicles are fully legal and recognized by the state.

However, our work is not finished. While this policy reversal is a significant step forward, our ultimate goal has always been to secure a state law that protects these trucks once and for all. Policies can be easily changed, but laws provide more certainty and long-term protection. We will continue to work with our legislative allies to draft and pass legislation that enshrines the legality of Kei trucks in Texas statutes.

Texas now joins a growing list of states that recognize the value of personal choice and freedom when it comes to vehicle ownership. We hope that our success will inspire other states to follow suit and embrace the diversity of vehicles on our roads.

As we celebrate this victory, we remain committed to promoting responsible Kei truck ownership, educating the public about the benefits and limitations of these vehicles, and fostering a supportive community of enthusiasts. We look forward to seeing more Kei trucks on the streets of Texas and to continuing our advocacy efforts to protect and expand the rights of Kei truck owners nationwide.

Thank you to everyone who supported us along the way. Together, we have made a difference and shown that when passionate citizens unite behind a common cause anything is possible. Let us carry this momentum forward as we work to secure permanent legal protection for Kei trucks in Texas.”

I mention that Texas is the first to beat the 2021 AAMVA rules because technically, there have been earlier victories in other states before the AAMVA’s rules came out. David gives me the example of North Carolina, where in 2019, Kei truck dealer Mayberry Mini Trucks as well as other advocates managed to convince North Carolina to keep Keis legal.

So, what’s next? Texas will publish its latest edition of the Texas Vehicle Title Manual, which should have no mention of Kei trucks being unable to be titled, if it even mentions Kei trucks and mini trucks at all. Thankfully, Texas did not get to the point of revoking titles, so now, enthusiasts should be able to go to their local DMV and get a title and registration.

“I would encourage every car nut and gearhead to reach out to your elected officials during this year’s election cycle. Let them know you exist and that you matter,” said Representative Wu.

Hopefully, what we’re seeing in Texas is only the beginning. There’s still a long road ahead for enthusiasts in other states. It will be an especially difficult battle in states where the laws were changed to ban imported vehicles. However, perhaps some of them might find some luck in banding together with lawmakers. For now, Kei truck fans in Texas can breathe a sigh of relief. It would appear the AAMVA just learned that you do not mess with Texas.