Hi everyone,
I have a 1998 V6 Mustang and I am interested in building my own S351 Saleen Mustang (with a 351 windsor). I live in California and I am concerned regarding the legality of the engine swap. I know for a fact that the engine must be of the same year, or newer than the car it is going in, and also, all of the smog equipment (of that year) must also be present. Also, the engine going in must be from a vehicle of the same use (i.e. Truck engines for trucks, car engines for cars). (I don't want a 4.6L!) The 351 windsor was used in the Saleens all the way until 1999. I was, however, able to discover this law concerning the swap, which, I hope, supports the legality of my swap.
Please help me!!!
Thanks
Specially Constructed Vehicles- Emission Control
Effective January 1, 2002, the first 500 owners to apply for original registration of specially constructed passenger vehicles and pickup trucks may choose whether smog requirements that apply to their vehicles are based on the engine model year or the vehicle model year.
If your application is one of the first 500 received by the Department of Motor Vehicles, a numbered Specially Constructed Vehicle (SPCNS) Certificate of Sequence will be issued for your vehicle.
How To Apply for Registration of a Specially Constructed Vehicle
First, verify that your vehicle meets the definition of a specially constructed vehicle according to Vehicle Code Section 580. If your vehicle does not fit the description, this information does not apply.
Visit DMV to begin the application process.
Contact the California Highway Patrol (CHP) for an appointment to have your vehicle verified.
To contact the Bureau of Automotive Repair (BAR) for an appointment to have your vehicle smog inspection performed by a BAR referee, check BAR's Contact Page.
NOTE: Have the Vehicle Identification Number (CHP verification) and the SPCNS Certificate of Sequence number available when scheduling your appointment with the BAR Referee.
Resubmit your application to DMV to complete the registration process.
NOTE: All documents-including the original (or the certified copy) of the SPCNS certificate, vehicle verification, and BAR Referee Datasheet-are part of your registration documentation and must be submitted to DMV to complete the registration process.
Defination of a Specially Constructed Vehicle:
580. A "specially constructed vehicle" is a vehicle which is built for private use, not for resale, and is not constructed by a licensed manufacturer or remanufacturer. A specially constructed vehicle may be built from (1) a kit; (2) new or used, or a combination of new and used, parts; or (3) a vehicle reported for dismantling, as required by Section 5500 or 11520, which, when reconstructed, does not resemble the original make of the vehicle dismantled. A specially constructed vehicle is not a vehicle which has been repaired or restored to its original design by replacing parts.
I would maybe try calling Saleen. Maybe you can find someone nice enough to point you in the right direction. Because they build cars with swapped motors, someone there will know I guarantee.
You might also check SEMA. Specialty Equipment Manfucturers Asscocation. They are the hub of aftermarket legality of parts for the industry. try this link www.sema.org
It's kind of interesting you mentioned this, I was looking into such a swap just last for my 2000 V6. I live in California also.
Please post back here if you find anything. I would really like to know myself.
In the mean time, I will look around also. But sounds like you are pretty far along in research.
BTW: I don't think your car would be considered a specially built vehicle for what you posted. I don't think you need to go that far with getting it to be legal with just an engine swap.
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-1998 Black Cobra, Kenne Bell 2.1L Supercharged
-2005 Mustang GT, Premium, 5spd, Redfire, Mac Catback
-2007 Roush Nitemare Stage 3 Supercharged #48 of 100
Glen is correct. Your engine swap does not meet the definition of a "specially constructed vehicle."
Look at the last sentence of Vehicle Code Section 580:
"A specially constructed vehicle is not a
vehicle which has been repaired or restored to its original design by replacing parts"
The legislative intent of Senate Bill 100 speaks to the confusion surrounding inspection standards for kit cars or cars built from scratch.
Senator Johannessen was concerned about engines being held to the standards of the model-year they represent rather than the more sophisticated standard for engines of today.
Under previous California law, specially constructed vehicles were assigned the current model year for smog inspection purposes, subjecting kit cars and other specially constructed vehicles to more stringent smog inspection requirements.
Under the new law, to determine model year the inspector compares the vehicle to those of the era that the vehicle most closely resembles. If there is no close match, it is classified as a 1960 vehicle. Only those emissions controls applicable to the model year, that can be reasonably accommodated by the vehicle, are required.
In addition, under the new law, the vehicle's owner can choose whether a smog test referee will certify the engine model year or the vehicle model year.
I have a friend that swapped out his 302 carb motor, and now has a 351 EFI Lighting block in there. He has never done anything special as far as letting the smog nazis know this upgrade. The motor will meet all the smog requirments of a late model EFI Mustang. When he gets tested, nobody ever asks him what type of motor he has, or says that it is not the correct motor for his car. He has always passed the smog test. I have known others that have upgraded their motors like this too, and have not had problems with the smog tests. If you keep your motor with all the current smog equipment, then you will never get asked. Good luck.
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Ron Arrigoni
1965 Mustang Convertible
1995 Supercharged Mustang V6
2002 Explorer Sport Trac
Hello,
Thanks for all of the replies. I will be going to Saleen sometime this week or the following. I will keep you guys updated. Ron, I think your friend was able to pull it off because it sounds like a FOX bodied car, and it would've been legal to that because 95 was Ford's last year of the 351 windsor. The only problem with me is that the smog guys will notice two more cylinders...
If I translated 580., I'll get this (which may fit me well):
580. A "specially constructed vehicle" is a vehicle which is built for private use, not for resale, and is not constructed by a licensed manufacturer or remanufacturer. A specially constructed vehicle may be built from a new or used, or a combination of new and used, parts. A specially constructed vehicle is not a vehicle which has been repaired or restored to its original design by replacing parts.
How does that sound?
It has to meet one of the three requirements, at least; not all three... but I hope it doesn't come to this law.
Glen, I will keep you up-to-date. If this thing passes my car, I'll be wondering about strokers...
I also had another friend that went from a 94 V-6 to a 351. And he has not had any problems with smogging that beast. You might have better luck checking with Chicane Sport Tuning They have done some work in this area, and Joe used to work for Saleen.
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Ron Arrigoni
1965 Mustang Convertible
1995 Supercharged Mustang V6
2002 Explorer Sport Trac
I guess I should've stated that I am an attorney with experience in California law. Don't let the "Schaumburg, IL" mislead you.
Again, the law is concerned with emissions, not car rebuilding or engine-swapping.
The reason only 500/year sequence certificates are assigned is because California is worried that everyone will go rebuild pre-catalytic converter engines, be tested for that year (pre-1973ish? regular gas!) and smog up the state.
The only thing you have to worry about is if your car passes its model year emissions test; not the "is this the proper engine in your car" test.
The law is for people who WANT thier kit car or Cobra replica (Senator Johannessen, author of the law, has one) or street rod reproduction to be emissions tested in the model year of the REPLICA and NOT current emissions tests.
Only 500 new vehicles/year will be able to choose whether their kit car, replica or reproduction tested in its engine year or model year (e.g. 1960, 1965, or whatever).
Hope my double talk isn't confusing. Its really a straightforward law that doesn't make a difference so long as you don't mind having your car tested with its model year emissions standards.
Please help me figure out this California Law!!! 
