Sorry if this went out already, it never turned up on my server......
-----Original Message-----
From: Vincenti, Ross
Sent: Thursday, August 28, 1997 8:22 AM
To: 'Triumph List'
Subject: FW: Uh-oh...
SUCHAK wrote:
[snip] Is this fixable, or should I pull off all my good bits and pick up
the
Spitfire roller I've coincedentially stumbled across, which has a
beautiful freshly blasted and painted frame and much less rust in the
tub than mine ever did? I'm right at the point in my Spit where it
would be a simple matter to pull off the choice bits and just install
all of the new stuff I've accumulated in the new car.[snip]
**********************
I'd recommend you pick up the roller and swap all the parts over. Much
cheaper, faster and less physically taxing than trying to salvage a
questionable frame.
**********************
[snip] Which leads me to my next question... The aforementioned roller has
no title (abandoned at the restorer, seized under a garage lein), but is
exactly the same as my Spit, which has a fine title... How much of
*my* Spit would need to be in the hybrid for it to be titled under my
existing title? Free legal advice welcomed on this one, and of
course, all replys are greatly appreciated.
John,
Not being up on all 50 states DMV laws, or for that matter the 100 other
counytries that use the list, it would be hard to say. But a suggestion
and point to ponder might be to do a body swap. This should be legal in
just about all places.
Larry Zink [snip]
***********************
John - "generally speaking" (and I really mean "generally"), in most states
you CAN swap parts onto your tub with its affixed serial no. plate and
valid title from the "salvage" tub with no title. In California at least,
it is the tub/frame/chassis which determines the "source" of the vehicle,
hence, you can stuff a late model Corvette motor and any other late model
parts (drivetrain, interior, fuel system, brakes, lights, etc.) you wish
from any other vehicle into an old completely stripped 55 Chevy chassis
with a valid title without any problems at all. (In California it is very
common to find 55 Chevy's running a 9-inch Ford rear axle, Mustang II front
end clip with disc brakes, and a 400 Turbo slushbox along with the
aforesaid Corvette motor).
Assuming the same general rule applies in most states, I see no reason why
you should not be able to "hang" parts from a different Spitfire onto the
tub of one that has a valid title (completely disregarding smog equipment
requirements here for this discussion). This of course gets to the sticky
question of whether the "frame" underneath the tub is considered a separate
part no different than, say a generator or front wheel bearing, or is it an
"integral part" of the chassis that determines the "source" vehicle. It
seems to me this is the "slippery slope" area that has the potential to
create the most problems for you. If the DMV in your state takes the
position that the frame is an integral part of the tub, then why not the
rear axle assembly? Or why not the front spindles and A-arm assemblies?
You see where this is going?
Bottom line is that you might want to make an anonomous call to your DMV
and ask whether it is permissible to swap some parts off of a salvage
vehicle onto a validly titled vehicle, without getting too specific. I
would try to pin the DMV down on exactly how far you can go. FWIW, I do
not think Triumph ever stamped serial nos. on frames, bonnets, boot lids,
doors, etc. thus I have a hard time seeing how the DMV could determine the
source of the frame or any other part OTHER than the body tub. And,
moreover, my Mk I Spit has a high compression Herald block (serial no.
GDxxxxxxHE) in place of its original Spit block (FCxxxxxx), and I
registered mine with no problem, so go figure.
Disclaimer - All of the above information is for general discussion
purposes and does not constitute legal advice, nor is it a legal opinion
based upon any specific fact situation. I urge you to consult your own
attorney for a legal opinion specific to your situation. (sorry guys, I
have to add this to avoid liability.) Anyways, good luck.
Ross D. Vincenti
Asst. General Counsel/Asst. Sec'ty.
Transamerica Home Loan - Legal Dept.
Los Angeles, CA 90015
(213) 742-4756 phone
(213) 741-7231 or 741-6945 fax
ross.vincenti@transamerica.com
64 Spitfire 4
64 Porsche 356C Coupe
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