MORE CALIFORNIA SMOG INFO

[DEVIL-Z 1973]

Keeping it Legal

The long and arduous road to environmental redemption

August, 2006

 

 

Psssst... Yeah you, with the illegal engine swap-Big Brother's watching you. He's got his eye on your type and it's only a matter of time before the Thought Police come drag you out of your bed in the middle of the night.

 

Well maybe that's a slight exaggeration, but it's based on a true story. 'Round these parts, the law is putting the heat on smog scofflaws and getting special training to find and catch cars that may have "illegal" mods. They basically look (or listen) for things like exhaust, wings, stickers, etc. If they see any of these "clues" on your car, they can pull you over. Even something legal like an exhaust tip can be enough to for them to light you up. And once that happens, all bets are off.

 

If you're unlucky enough to get stopped by one of these smog-nazis, you're at their mercy. They'll make you pop your hood and if they're smart enough to realize it's not the original engine, you'll get a citation and a lesson in bureaucratic BS you'll not soon forget. After paying fines and going to court, you'll still have to make it smog legal if you ever want to register the car again.

 

And while specific laws vary state to state, if history is any indication, the rest of the nation may have California's draconian smog laws to look forward to.

 

The only way to ensure you never end up on the wrong side of the law is to follow it to the word. This often proves to be extremely difficult, considering the vast amount of misinformation and outright lies out there on the matter.

 

To see for ourselves just how difficult it is to keep it all legal, we decided to tag along with our friend Phillip Chase as he attempted to smog and register his '99 Honda Civic with a JDM B16A engine swap.

 

After making an appointment with a referee two weeks in advance, we showed up with Chase and his Civic, ready to do battle with the referee. Chase performed the swap himself and took the time to ensure everything that was needed was present and properly functioning, as per state guidelines, well before the testing.

 

A quick and easy way to see what emissions controls need to be on your particular vehicle is to take a peek at the underhood EPA sticker. At the bottom of this sticker will be a list off all the parts that you need to have on the new engine. It's a wise idea to contact your local ref if you aren't sure what you need on your particular application.

 

After arriving and promptly telling us to leave and return without any photography or recording equipment, the ref started his inspection. After a quick visual inspection, he got a little excited. While the car was technically legal and had all the correct parts, he told us he had his doubts. He explained that the JDM B16A engine Chase had in his car often fails the emissions part of the test for excessive emissions levels.

 

He told us that of all the B16A swaps that come through his doors, about 1/3 of them fail with excessive NOX levels. He said he's seen several cars that would come back six, seven or more times and keep failing for NOX. Some of the owners even re-built the engines to factory specs, only to keep failing. Strangely enough, he said that the USDM B16A mills usually pass.

 

After asking Chase a few questions about the engine and electronics, he pulled it onto the dyno to start the actual emissions testing. To the apparent delight of the ref and his assistants, Chase's car failed-for you guessed it, high NOX levels. So learn from Chase's experience: If you are considering this swap, think long and hard before using a JDM B16 if you want to keep it legal and not worry about having one of the 1/3 of the JDM motors that regularly fail.

 

High NOX levels are usually the result of overly high compression and/or overly advanced ignition timing, so these were the first things we thought may be culprits. But once again, we were shot down by the ref as he informed us the Civic's timing was set at 6 degrees BTDC during the test, which is 10 degrees retarded. This left us with the JDM B16's compression ratio as the next logical culprit. USDM B16's have a compression ratio of 10.2:1, while JDM B16's have a 10.4:1 compression ratio. The 0.2 difference seems too insignificant to make a huge difference in NOX levels, but as the ref pointed out, it is a used motor with an unknown history. If the combustion chambers have any carbon buildup, it could bump the compression ratio beyond 10.4:1, which could raise the NOX levels to the levels we were seeing.

 

Phased, but not broken, we're determined to get to the bottom of this puzzle. The high compression is probably part of the problem, but is somewhat difficult to address without tearing down and re-building the engine. However, getting any carbon out of the cylinders will help to bring the CR down a hair. And as always, a new cat will always help clean things up-at least for a little while.

 

While we didn't succeed this time, we'll be back soon with clean combustion chambers and a spanking new cat. Hopefully that'll do the trick.

 

California Engine Swap Guidelines

1. The engine must be from the same year or newer vehicle. For example, if the car is a 1999 Civic, the engine must be from a 1999 or newer car.

 

2. The engine can be larger than the original, but it cannot be from a heavy-duty vehicle, unless the vehicle was equipped with one from the factory.

 

3. The engine and chassis must have all of their original emissions components in place and functioning properly. However, mixing and matching emissions parts from different vehicles is generally not allowed. As such it's up to the reff to decide what needs to be there. A quick way to see what you need there is to look at the sticker under the hood. It will list all the emissions equipment that came on the car.

 

4. A federally certified engine cannot be used in a vehicle that was originally equipped with a California certified engine.

Edited March 24, 2010 by DEVIL-Z 1973

[hoov100]

ancient info, but a nice reminder of why people hate california. I have no problem with smogging a newer car, or getting a swap legalized, but at what point are the smog nazi's going to far with this? It's perfectly acceptable to have newer cars inspected and smogged, but when you start picking cars that are almost 40 years old for random compliance testing, it's just going a tad too far.

[rayaapp2]

Keeping it Legal

...

If you're unlucky enough to get stopped by one of these smog-nazis, you're at their mercy. They'll make you pop your hood and if they're smart enough to realize it's not the original engine, you'll get a citation and a lesson in bureaucratic BS you'll not soon forget. After paying fines and going to court, you'll still have to make it smog legal if you ever want to register the car again.

 

Yes they are. Recently they have been sighted in the Sacramento/Davis/Chico area stopping people on the highways with their mobile ASM trailer. This strategy has worked well in LA, and has given BAR valuable data on the current state of our vehicles.

 

And while specific laws vary state to state, if history is any indication, the rest of the nation may have California's draconian smog laws to look forward to.

 

The only way to ensure you never end up on the wrong side of the law is to follow it to the word. This often proves to be extremely difficult, considering the vast amount of misinformation and outright lies out there on the matter.

 

To see for ourselves just how difficult it is to keep it all legal, we decided to tag along with our friend Phillip Chase as he attempted to smog and register his '99 Honda Civic with a JDM B16A engine swap.

 

Its not difficult at all. There are guidelines laid out in black and white. There are several Appendix's as well that grant a huge leeway to Modifiers/Swappers. There are several sources of information out there as well that are used by Smog Techs and Referees that will back you up in a pinch. You will find most of what you need simplified here: http://www.bar.ca.gov/, or if you want the letter of the law, which I dont find to hard to understand you are looking for California Code of Regulations. Ignorance of the Law is not an excuse as they say. So if your planning a swap you better know what your doing isnt breaking the law. Fines and Penalties can be harsh. BUT as I said there is provision for those of us that like to modify and swap. Lots of lee-way written into the laws to promote engine swaps as a way to clean up an older vehicle emissions. Its not hidden somewhere secret either.

 

Appendix G outlines aftermarket parts.

 

 

After making an appointment with a referee two weeks in advance, we showed up with Chase and his Civic, ready to do battle with the referee. Chase performed the swap himself and took the time to ensure everything that was needed was present and properly functioning, as per state guidelines, well before the testing.

 

A quick and easy way to see what emissions controls need to be on your particular vehicle is to take a peek at the underhood EPA sticker. At the bottom of this sticker will be a list off all the parts that you need to have on the new engine. It's a wise idea to contact your local ref if you aren't sure what you need on your particular application.

 

After arriving and promptly telling us to leave and return without any photography or recording equipment, the ref started his inspection. After a quick visual inspection, he got a little excited. While the car was technically legal and had all the correct parts, he told us he had his doubts. He explained that the JDM B16A engine Chase had in his car often fails the emissions part of the test for excessive emissions levels.

 

He told us that of all the B16A swaps that come through his doors, about 1/3 of them fail with excessive NOX levels. He said he's seen several cars that would come back six, seven or more times and keep failing for NOX. Some of the owners even re-built the engines to factory specs, only to keep failing. Strangely enough, he said that the USDM B16A mills usually pass.

 

After asking Chase a few questions about the engine and electronics, he pulled it onto the dyno to start the actual emissions testing. To the apparent delight of the ref and his assistants, Chase's car failed-for you guessed it, high NOX levels. So learn from Chase's experience: If you are considering this swap, think long and hard before using a JDM B16 if you want to keep it legal and not worry about having one of the 1/3 of the JDM motors that regularly fail.

 

High NOX levels are usually the result of overly high compression and/or overly advanced ignition timing, so these were the first things we thought may be culprits. But once again, we were shot down by the ref as he informed us the Civic's timing was set at 6 degrees BTDC during the test, which is 10 degrees retarded. This left us with the JDM B16's compression ratio as the next logical culprit. USDM B16's have a compression ratio of 10.2:1, while JDM B16's have a 10.4:1 compression ratio. The 0.2 difference seems too insignificant to make a huge difference in NOX levels, but as the ref pointed out, it is a used motor with an unknown history. If the combustion chambers have any carbon buildup, it could bump the compression ratio beyond 10.4:1, which could raise the NOX levels to the levels we were seeing.

 

Phased, but not broken, we're determined to get to the bottom of this puzzle. The high compression is probably part of the problem, but is somewhat difficult to address without tearing down and re-building the engine. However, getting any carbon out of the cylinders will help to bring the CR down a hair. And as always, a new cat will always help clean things up-at least for a little while.

 

While we didn't succeed this time, we'll be back soon with clean combustion chambers and a spanking new cat. Hopefully that'll do the trick.

[/Quote]

 

About the other sources I mentioned above: an Aftermarket Approved "ECS" manual(Emissions Control Systems) is what the Techs and the Ref will be using if the under hood label is missing or other. Though they are known to not always be accurate by Techs and Referees they are the industry accepted standard. Another source would be a manufactures service manual. Honda's have to be the hardest vehicle to swap an engine into legally, yet one of the easiest to swap physically. There are plenty of reasons I can think of when seeing high NOx and the criteria above. Questions like, "Was the correct octane fuel used?" and "Was this engine suppose to be equipped with EGR system even though the under hood label doesn't state so?" and "Was the timing correct". Being that Honda used many different variations of there engines over the years it can be hard to determine what actually belongs on the engine. Bar is currently sending pictures around to the Smog techs to point out such discrepancies. Even the best techs have a hard time figuring out some of these Hondas. After all they aren't all Honda Gurus. Most techs know about the service connector that must be jumped to properly check timing, but fail to do so. In Sacramento a few years back BAR sent a Civic around as a sting car to catch if techs were jumping this connector and properly checking the timing. Most of the time the timing remains the same when you jump this connector and that is why some techs dont bother. In this particular car the timing was off by a notable amount, but only when the service connector was jumped as designed.

 

The thing that pisses me off is the "And as always, a new cat will always help clean things up-at least for a little while", this seems to be Californian way. Its the reason we now pay more than double for our catalytic converters. Its cleans them up for a while, but then BAR catches you on the side of the road and wonders why you passed 3 months ago, but now your a gross polluter. Maybe because you never really fixed the problem. And the problem is probably serious enough that its damaging your engine. And if it isnt the CAT it must be the O2. Must be. Its usually followed up by just replacing both...

 

I find that it is the misconception by the consumer that SMOG stuff is bad. In reality we have a vastly more efficient engine on all fronts. We get better MPG, Better Performance, and we have cleaned up 99% of the emissions coming out of the tail pipe. And when we develop/create a problem we want to blame someone else. Then we compound it by sticking a Band Aid on our Broken Leg, metaphorically speaking.

 

So if your thinking about doing a swap, you should familiarize yourself with what the Techs and Ref will be judging your swap with, and make sure you swapping the engine and emissions equipment is as it was intended to be used by the manufacture.

[rayaapp2]

ancient info, but a nice reminder of why people hate california. I have no problem with smogging a newer car, or getting a swap legalized, but at what point are the smog nazi's going to far with this? It's perfectly acceptable to have newer cars inspected and smogged, but when you start picking cars that are almost 40 years old for random compliance testing, it's just going a tad too far.

 

 

40 year old cars make up an extremely low percent of vehicles on the road overall. Its suppose to be random. So they would be included in the randomization. vehicles older than 1966 do not have SMOG requirements. If you have a '66 - '75 you DO have requirements that you are suppose to adhere to. You would fall into the except from bi-annual inspection, but not SMOG except. So they could be randomly tested for compliance at any time. Its the law. I will say that it sucks, but it is the law. Generally speaking I have found that for the most part you will not be hassled in one of these vehicles, but you can be held to compliance if your on a public road.

The newest thing on the plate is smogging all 1966 and newer commercial plated vehicles. This covers any vehicle that is designed to carry a load rather than passengers. Classic Trucks are not exempt. I guess in Southern Ca older trucks are being pulled over often that do not adhere to their own SMOG criteria. They are being used by smaller business ie gardeners, construction, etc., and they are in such disrepair that they fall into the Gross Polluter standards as held up by their original emissions specs. The fact is that these types of trucks are cheap to buy and they can run around until they "blow" with very little emissions consideration. Id hate to see classic trucks suffer this fate. I cannot imagine having to smog an early Blazer, early Bronco, or 520 pickup.

[mutantZ]

Just curious to know if anyone with pre-75 Z's with swaps have been pulled over and "caught" with an engine swap. I know if you have an RB you would be pretty much screwed.

[Tony D]

I have regularly provided information on roadside dyno checks in SoCal. Sometimes it looks as if they just take every third vehicle off the light, other times there is a guy telling the CHP who to wave into the testing station.

 

Yes, if you get tagged and pipe dirty, things can get complicated.

 

Complying out the tailpipe is not that hard, and if you have met certian requirements, that's all that matters even in the state of CA...

[johnc]

Just curious to know if anyone with pre-75 Z's with swaps have been pulled over and "caught" with an engine swap. I know if you have an RB you would be pretty much screwed.

 

When I had a stocky, fully compliant 240Z I used to drive to one of those roadside inspection stations (if they were close by) and asked to be inspected. I was trying to skew their survey numbers in our favor. I only got inspected once. The second time the VIN came up in their system and they asked me to leave. From then on I knew that car was golden and I started a bunch of mods on it. Sold it later and the new owner never had a problem.

[mxgsfmdpx]

My car is a 72 and completely smog exempt here in Cali. Who cares if you get pulled over and questioned? Anything I do to my car is legal because there is no smog law for it.

 

"Effective 04/01/05: Under the old law, 1975 and subsequent model year vehicles became exempt from Smog Check when they turned 30 years old. A 1976 model year vehicle was exempt in 2005, a 1977 in 2006, etc. Under the new law... commenced April 1, 2005, exempt from smog check requirements are any motor vehicle manufactured prior to the 1976 model year. All vehicles 1976 and newer vehicles will be tested according to state emission law. This law repeals the 30-year rolling exemption."

 

"Thanks for taking a look at my car officer, and you have a nice day now"

Edited April 4, 2011 by mxgsfmdpx

[BLOZ UP]

Why did they remove the rolling exemption? It makes so much sense. What percentage drive around 30+ year old cars?

Edited April 4, 2011 by BLOZ UP

[z2go]

My car is a 72 and completely smog exempt here in Cali. Who cares if you get pulled over and questioned? Anything I do to my car is legal because there is no smog law for it.

 

"Effective 04/01/05: Under the old law, 1975 and subsequent model year vehicles became exempt from Smog Check when they turned 30 years old. A 1976 model year vehicle was exempt in 2005, a 1977 in 2006, etc. Under the new law... commenced April 1, 2005, exempt from smog check requirements are any motor vehicle manufactured prior to the 1976 model year. All vehicles 1976 and newer vehicles will be tested according to state emission law. This law repeals the 30-year rolling exemption."

 

"Thanks for taking a look at my car officer, and you have a nice day now"

 

 

 

 

Tony D is gonna burn you.

 

Our 72's are only exempt from biannual inspection, not from following any laws about smog. Common misconception.

[mxgsfmdpx]

Tony D is gonna burn you.

 

Our 72's are only exempt from biannual inspection, not from following any laws about smog. Common misconception.

 

Show me where it states this from the BAR or DMV. I've heard plenty of people state this, with zero documentation backing it up.

Edited April 4, 2011 by mxgsfmdpx

[johnc]

Show me where it states this from the BAR or DMV. I've heard plenty of people state this, with zero documentation backing it up.

 

California Department of Consumer Affairs Bureau of Automotive Repair

Laws and Regulations dated May 12, 2010

 

Health and Safety Code section 44011 "Certificate of compliance or non-compliance; biennial requirement; exemptions; inspections; exemptions from testing for collector motor vehicles."

 

(subsection C) - All motor vehicles exempted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply:

 

[paraphrasing the three sub, sub sections)

 

i) Evidence of tampering through remote sensing, visual inspection, other means,

ii) Vehicle previously registered out of state,.

iii) Vehicle selected for testing via 44014.7 or any other provision of this chapter authorizing inspection.

 

Is that enough evidence for you or do you need to be spoon fed some more?

[Leon]

"Effective 04/01/05: Under the old law, 1975 and subsequent model year vehicles became exempt from Smog Check when they turned 30 years old. A 1976 model year vehicle was exempt in 2005, a 1977 in 2006, etc. Under the new law... commenced April 1, 2005, exempt from smog check requirements are any motor vehicle manufactured prior to the 1976 model year. All vehicles 1976 and newer vehicles will be tested according to state emission law. This law repeals the 30-year rolling exemption."

 

Take a look at your own quote, it says nothing about being exempt from Smog requirements, just the biannual smog check.

 

I'm not sure whether you've read the whole thread, here is what ray mentioned earlier:

 

vehicles older than 1966 do not have SMOG requirements. If you have a '66 - '75 you DO have requirements that you are suppose to adhere to. You would fall into the except from bi-annual inspection, but not SMOG except. So they could be randomly tested for compliance at any time. Its the law.

[mxgsfmdpx]

California Department of Consumer Affairs Bureau of Automotive Repair

Laws and Regulations dated May 12, 2010

 

Health and Safety Code section 44011 "Certificate of compliance or non-compliance; biennial requirement; exemptions; inspections; exemptions from testing for collector motor vehicles."

 

(subsection C) - All motor vehicles exempted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply:

 

[paraphrasing the three sub, sub sections)

 

i) Evidence of tampering through remote sensing, visual inspection, other means,

ii) Vehicle previously registered out of state,.

iii) Vehicle selected for testing via 44014.7 or any other provision of this chapter authorizing inspection.

 

Is that enough evidence for you or do you need to be spoon fed some more?

 

No. What you just copied and pasted is from section (4) of the 44011 which pertains to "all motor vehicles four or less model-years old."

 

 

 

[thehelix112]

Bar all the attitude, there is some good info in here. Thanks

 

Dave

[BLOZ UP]

BAR all the attitude, there is some good info in here. Thanks

 

Dave

 

Nice one.

[z2go]

No. What you just copied and pasted is from section (4) of the 44011 which pertains to "all motor vehicles four or less model-years old."

 

 

 

 

Wrong.

 

See attached picture.

[Tony D]

They have it right, you have it wrong. Your days in fantasyland have sadly come crashing to an end.

 

ANY vehicle on the roadway can AT ANY TIME be pulled over by the CHP for the purposes of roadside compliance checking.

 

THAT provision of the CVC HAS NOT BEEN ALTERED BY THE LEGISLATION YOU MISQUOTE.

 

There are several different methods by which you are able to be inspected and put back into the system.

 

There are only TWO ways I know of that a PRIVATE INDIVIDUAL can get a car EXEMPTED from the Smog Program, and even then it is STILL not 'exempt' from the random roadside compliance check by CHP.

 

If you think I'm full of B.S. tell it to the guy in Torrance with the OREGON plates on his truck who was pulled into a roadside dyno and made to undergo a full test. I could hear him screaming at the top of his lungs from where I was, across the road and almost 100 yards away! HE still was required to comply.

 

"Exemption" is a sad way to state what you have on your car, which simply is no requirement for biannual testing.

 

NOWHERE in ANY part of the CVC does the 'exemption from TESTING' imply, or codify and exemption from COMPLIANCE.

 

It's a legal nuance you may not understand, but it will bite you in the arse HARD when your day comes!

 

 

Bad Information, misinformation...just like the Import Tuner Article said...

[mxgsfmdpx]

Wrong.

 

See attached picture.

 

Wrong. The portion you highlighted is section (3) has nothing to do with section (4) which is what I mentioned above.

 

All section (3) states is what everybody already knows. Cars manufactured older than 1976 are exempt from a biannual smog test.

 

Is it really that difficult to understand the CVC? All the information is there if you take the time to read it correctly and actually understand it.

 

I have 3 friends who all own California test only smog shops.

 

If a CHP pulls you over and says you have to go to a state ref do you have to comply? Absolutely. Guess what's gonna happen when you get to the state ref or test only station? They will verify your VIN to the officer and say, just like my friends have said to muitple poilice officers... under the new law, commenced April 1, 2005, exempt from smog check requirements are any motor vehicle manufactured prior to the 1976 model-year.

[mxgsfmdpx]

They have it right, you have it wrong. Your days in fantasyland have sadly come crashing to an end.

 

ANY vehicle on the roadway can AT ANY TIME be pulled over by the CHP for the purposes of roadside compliance checking.

 

THAT provision of the CVC HAS NOT BEEN ALTERED BY THE LEGISLATION YOU MISQUOTE.

 

There are several different methods by which you are able to be inspected and put back into the system.

 

There are only TWO ways I know of that a PRIVATE INDIVIDUAL can get a car EXEMPTED from the Smog Program, and even then it is STILL not 'exempt' from the random roadside compliance check by CHP.

 

If you think I'm full of B.S. tell it to the guy in Torrance with the OREGON plates on his truck who was pulled into a roadside dyno and made to undergo a full test. I could hear him screaming at the top of his lungs from where I was, across the road and almost 100 yards away! HE still was required to comply.

 

"Exemption" is a sad way to state what you have on your car, which simply is no requirement for biannual testing.

 

NOWHERE in ANY part of the CVC does the 'exemption from TESTING' imply, or codify and exemption from COMPLIANCE.

 

It's a legal nuance you may not understand, but it will bite you in the arse HARD when your day comes!

 

 

Bad Information, misinformation...just like the Import Tuner Article said...

 

I guarantee you his truck was not older than a 1976 model year, plus you don't know the full story on that particular situation either I am assuming? HUNDREDS of people try and pull off the PO Box or former address in Oregon deal. That is a 15-20 year old game now that cops have caught onto. If you have a current address in Cali, and a car with Oregon plates, you are entitled to CA's smog laws.