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From: "Duncan C. Bull" <d.bull@ucl.ac.uk>
It's had a new handle, and maybe a head........ but it's still the original
axe !!!!!!!!!!!!!
This brings to mind what I hope is an interesting story worth the bandwidth to
list members.
I recently handled a case involving Cobra CSX2049 in which the question was
"what is a car." My client has most of the original car in the form of a stack
of parts remaining after it was crashed at Riverside International Raceway
killing the driver. He also has continuous chain of title with Cal DMV.
Another car which claims to be CSX2049 exists in Penn. and claims to have the
original front suspension tower including the original VIN stampings. My client
discarded the front tower when he modified his car from worm and sector to rack
and pinion steering.
Acting on a complaint from the Penn. owner, and with the advice of the Cobra
Club, the Cal DMV cancelled my client's title because he didn't have that front
tower and original VIN stamping.
We sued DMV to reinstate title and DMV resisted. They were assisted by an
attorney retained by the Penn owner.
After trial the Cal Court declared that our car (parts?) was the original and
ordered DMV to recognize our ownership. It also decalred the Penn car a copy.
DMV, with the same assistance, appealed the ruling. I cited the 1992 case over
Old Bently No One from the Queens Bench and the question really became "what is
a car." In that case it was held that a car is its progeny, that is its total
history. It isn't a part or collection of parts, or percentage of parts.
Especially race cars are intended to evolve over time. If you change both the
handle and the head the question is did you intend to repair or improve the old
one, or build a new one.
Unfortunately the DMV attorney was inept and lost the appeal on procedure so an
opinion never got published. Sad! One justice later remarked at a speaking
event that his opinion had been written but he would not tell even who
prevailed in it.
You may still find the Penn car advertised in Hemming's at the "repro" value.
Ernest
Barrister@lawref.com
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