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Good news: California SB708 is being rewritten!!


Dave240Z

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It appears, that the senator responsible for the drafting of SB 708 was inundated with phone calls, e-mails and letters about his proposed changes to the CA smog program. These individuals and organizations seem to have had an effect. Keep your fingers crossed.

 

 

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FLOREZ REVERSES ON CLASSIC CAR SMOG RULES

By VIC POLLARD, Californian Sacramento Bureau

e-mail: vpollard@bakersfield.com

Tuesday April 15, 2003, 10:56:17 PM

 

SACRAMENTO -- With Jay Leno and the rest of California's classic car buffs

on his case, State Sen. Dean Florez has dropped his proposal to require

smog checks for cars as old as 1958 models.

 

Leno, "The Tonight Show" host who has a large collection of vintage autos,

personally called Florez's office to lobby against the plan.

 

The lawmaker was also inundated with letters, e-mails and phone calls from

many other members of the highly organized hobby car community.

 

One of their tools was a cartoon depicting Florez in his state-leased SUV

chasing classic cars out of California.

Florez was forced to back down on the bill, one in a package of 10 bills

aimed at cleaning up the air in the Central Valley, before it even got its

first legislative hearing.

 

The bill, SB 708, isn't dead, but it has been amended to crack down on

cars that emit visible smoke. Originally, it called for requiring regular

smog checks and repairs for cars up to 45 model years old. If in effect

this year, it would apply to cars made in 1958 or later. That would have

replaced the state's existing exemption for cars older than 30 model

years, which this year is 1973.

 

"Given all the fights we have on all the other air pollution bills,"

Florez said, "it wasn't going to help to push that one."

 

He said classic car fans made a convincing argument that most of the

oldest cars on the road, while they may be some of the worst polluters,

aren't usually driven to and from work daily.

 

"We told the classic car folks that we're going to continue to talk to

them," Florez continued, "but that was just too much of a detailed type of

proposal."

 

Florez's legislative aide, Michael Rubio, said Leno called after reading a

newspaper article about the smog bills.

" He said he wanted to know what the deal was with (SB) 708," Rubio said.

"Several days later, he called back and said, 'You've got me thinking

now.' And I said 'Can I start at the beginning?'"

 

He said Leno listened carefully and discussed his thoughts on the smog

problem and the bill at some length, urging Florez to carefully

distinguish between older cars that are driven for basic transportation

and those that are merely exhibited most of the time.

 

Other problems, he said, are the difficulty of getting repair parts for

older cars and the fact that emission controls were not mandated on cars

until the late 1960s.

 

The same arguments were made by the classic car community's chief

lobbyist, Steve McDonald of the Special Equipment Marketing Association, a

trade group of manufacturers, retailers, publishers and restorers.

 

"Obviously we're thrilled that the senator has agreed to modify the

legislation and refocus the target on what we believe is a more effective

one, that being smoking vehicles," McDonald said.

 

So are hobbyists like Jan VanderPool of Bakersfield, who, with his

fiancÈe, owns three vintage Ford Mustangs.

" That's definitely a big relief to me," he said.

 

VanderPool said it took years and a lot of effort to get the rolling

exemption from smog checks for cars that are more than 30 years old

enacted in 1997.

 

Florez and his staff appeared surprised, if not shellshocked, at the size

and aggressiveness of the lobbying campaign against the smog check

proposal.

 

But it was no surprise to VanderPool, who has been through similar drills

before when legislation was proposed that helped or hurt car hobbyists.

 

"A lot of us have had to get pretty political," he said. "We've had to get

active and kind of watch our backs."

 

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I just bought an early 74 260z for a good price. Fortunatly it is all stock because when I went to the DMV I was told it had to be smogged. I also read a post that someone said 74 models are exempt. Maybe next year.

Mike D.

 

I believe that is because the regulations only allow for exemption from the smog checks, but don't apply when the car is sold. Anytime any pollution controlled vehicle (currently 1965 and newer I believe) is sold, it must pass a smog test. Once passed, however, it does not need be smogged again unless you are pulled over and cited for not having the smog equipment installed at which time you will have to get a smog check by the state smog referee.

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Directly from the California Health and Safety Code:

44011. (a) All motor vehicles powered by internal combustion

engines that are registered within an area designated for program

coverage shall be required biennially to obtain a certificate of

compliance or noncompliance, except for all of the following:

(1) Every motorcycle, and every diesel-powered vehicle, until the

department, pursuant to Section 44012, implements test procedures

applicable to motorcycles or to diesel-powered vehicles, or both.

(2) Any motor vehicle that has been issued a certificate of

compliance or noncompliance or a repair cost waiver upon a change of

ownership or initial registration in this state during the preceding

six months.

(3) (A) Prior to January 1, 2003, any motor vehicle manufactured

prior to the 1974 model-year.

(B) Beginning January 1, 2003, any motor vehicle that is 30 or

more model-years old.

(4) (A) Any motor vehicle four or less model-years old.

(B) The department, by regulation, may increase the exemption

provided by this paragraph to include any motor vehicle up to six or

less model-years old.

C) Any motor vehicle excepted by this paragraph shall be subject

to testing and to certification requirements as determined by the

department, if any of the following apply:

(i) The department determines through remote sensing activities or

other means that there is a substantial probability that the vehicle

has a tampered emission control system or would fail for other cause

a smog check test as specified in Section 44012.

(ii) The vehicle was previously registered outside this state and

is undergoing initial registration in this state.

(iii) The vehicle is being registered as a specially constructed

vehicle.

(iv) The vehicle has been selected for testing pursuant to Section

44014.7 or any other provision of this chapter authorizing

out-of-cycle testing.

(5) In addition to the vehicles exempted pursuant to paragraph

(4), any motor vehicle or class of motor vehicles exempted pursuant

to subdivision (B) of Section 44024.5. It is the intent of the

Legislature that the department, pursuant to the authority granted by

this paragraph, exempt at least 15 percent of the lowest emitting

motor vehicles from the biennial smog check inspection.

(6) Any motor vehicle that the department determines would present

prohibitive inspection or repair problems.

(7) Any vehicle registered to the owner of a fleet licensed

pursuant to Section 44020 if the vehicle is garaged exclusively

outside the area included in program coverage, and is not primarily

operated inside the area included in program coverage.

(B) Vehicles designated for program coverage in enhanced areas

shall be required to obtain inspections from appropriate smog check

stations operating in enhanced areas.

 

 

Tim

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I just bought an early 74 260z for a good price. Fortunatly it is all stock because when I went to the DMV I was told it had to be smogged. I also read a post that someone said 74 models are exempt. Maybe next year.

Mike D.

 

Mike, this should be the case next year unless the smog Nazi's get their way--but it looks as if they are losing, thank the Lord.

 

That car will be great to convert in any event, especially if it is good condition.

 

Davy

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  • 3 weeks later...
Guest 1320the260
Here is a very clear page directly from the State of California that illustrates that 1974 and older is exempt. I would suggest anyone with a '74 car that is being required to smog test' date=' challeng that request.

 

http://www.dmv.ca.gov/vr/smogfaq.htm#BM2536[/quote']

i read that website too!!! hehe when i register my 260 i'm sure as hell not gonna smog it! heheh

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