Sheehan Speaks by Michael
Sheehan
In the last issue of Sports Car Market, we reviewed the Byzantine
process of importing a Ferrari F50, S/N 103496, which had been
converted to racing specs and was last yearâs winner of the European
Maranello Challenge. After a mere three-and-a-half months, DOT decided
our F50 was indeed a race car and acceptable for importation into the
US under the race car exemption.
The release letter from DOT was received on February 22nd of this
year, and we expected EPA to rubber stamp DOTâs decision. This proved
to be supremely optimistic on our part; EPA decided to ask the same
questions as DOT, in rephrased or reworded bureau-babble.
For instance, while DOT had wanted an explanation of the work done to
convert this car to a race car, EPA on February 2 asked for a
breakdown of the estimated cost to convert the car back to a street
car. This is because DOT is concerned about the intent of the carâs
manufacturer, while EPA focuses on the roadability of the vehicle.
On February 6, Specialized Cars, in England, which had prepared the
car for racing, provided a detailed letter outlining the substantial
cost to convert the car back to a street car. They also stated that,
because of its history, converting this well-raced F50 into a street
car would be financial folly.
On March 18, EPA asked why the car sat high off the ground. On March
19, Mortimer, Houghton and Turner (MHT), an authorized Ferrari dealer
in England who sold us the F50, supplied a letter explaining that the
car was raised as high as possible on its adjustable suspension and
fitted with the taller rain tires to prevent damage in shipping. EPA
was not satisfied with this explanation. They decided that the car had
to be lower to be accepted as a race car.
On March 28, our attorney, Lance Beyer (lbeyer1@rochester.rr.com), who
specializes in matters relating to vehicle importation, insisted EPA
give us a definitive ruling on how low is low enough. John Guy, an
engineer with EPA, then devised the ãCoke-canä test. If a standard
Coke can will roll under a car, it cannot be a race car; if a Coke
cannot roll under a car, it must be a race car.
On March 30, US Customs allowed the F50 to be taken to Shelton Ferrari
of Fort Lauderdale, Florida, to be lowered from its transportation
settings and pass the Coke can test. Shelton lowered the suspension
and fit racing slicks into place, lowering the car by 3 inches.
Digital photos of the car passing the Coke can test were dutifully
submitted to EPA.
On April 23, EPA stated that since digital photos can be altered they
needed ãhardä photos of the F50 passing the Coke can test, along with
a statement from Shelton Ferrari affirming the car to be in race
condition, the tires to be at racing pressure and to have had no
additional weight added. Glossy 5" x 7" photos and the appropriate
cover letter were sent to EPA.
May 15, the car passed the famous Coke can test, but was kicked
sideways to Len Lazarus at EPA, and he expressed his concern that this
F50 looked just like any other F50 and that EPA had already turned
down previous requests to import F50s as race cars. Lazarus wanted
photos substantiating that the car had a ãracy lookingä dashboard and
interior. Once again, new copies of photos already supplied to both
DOT and EPA were obtained from MHT Ferrari in England and dutifully
re-supplied to EPA.
On May 29, the F50 passed the ãracy lookingä dashboard test, but still
had to pass a roll cage test, since EPA had decided that real race
cars have roll cages, not roll hoops. Attorney Beyer discovered that
EPA had already allowed entry to two F50 GTs under the race car
exemption, and asked if we were to build a roll bar to match the bar
fitted to the F50 GTs already imported, would this final test appease
EPA?
On June 2, EPA denied they ever allowed the two F50 GTs to be
imported, as they had no records of these cars. Therefore, these cars
must have been smuggled. We advised EPA that we had already sent
exhaustive information on the two F50 GTs already imported but were
told ãthe file is too thickä to take the time to go through. If we
wished to prove the two F50 GTs were legally imported, we must re-send
the paperwork on these cars to EPA. We resubmitted the Customs and DOT
paperwork, and EPA subsequently agreed that two F50 GTs were indeed
legally entered.
On June 7, EPA agreed to allow F50 S/N 103496 entry if we matched race
car features, especially the roll cage, of the two ãrace versionsä
already approved and imported.
On June 15, we forwarded e-mail and detailed digital photos from Art
Zafiropoulo, owner of F50 GT S/N 001, concerning the roll cage in his
car. On June 18, Len Lazarus reviewed EPAâs importation file on the
Zafiropoulo car. He agreed EPA would generate a final "this is what
you have to do to gain approval" letter.
As of July 15, we have still not received this letter. Their
ineptitude and malice have cost my client months in delays, not to
mention storage, customs and rather staggering (although hard-earned)
legal fees, as well as any refurbishing costs required due to the
months spent in storage.
I would like to be able to write a happy
ending to this story. But given past experiences, I expect to receive
a letter with a new set of repetitive, unjustified and expensive to-meet
demands any day now. From our perspective, a reasonable test to
determine whether an F50 is actually a race car would be to see how
quickly it could roll over a group of EPA bureaucrats.
Watch out for those Coke cans. |