MORE CALIFORNIA SMOG INFO

[Tony D]

See the link to the video and judge for yourself.

 

When CHP motions you into a ROADSIDE DYNO you MUST comply. Plates notwithstanding.

 

And I believe I think I can honestly comprehend what a "Sanford and Son Dodge Truck" is vintage-wise. As I said: The guy was the third vehicle off the stop light, and was pulled in, same as every other third vehicle going through that intersection for the 2.5 hours I sat and watched it operate.

 

What portion of John C's post here are you missing:

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

&

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

 

Maybe you haven't heard of the guys selected for 'random out-of-cycle compliance checks'?

 

I know three---two 240Z's and a 510. Exempt vehicles. Why were they required to report?

 

Please comprehend that above "i)" puts all bets off. Remote sensing is real, and you check dirty, you get the letter. Visual Inspection from the CHP---how about you send me the letter your three shop-owning friends send so I can just keep it in my glovebox which then gets me out of the hassle of going becuase they say so?

 

You THINK you're 'exempt'---you are not.

[johnc]

I think the point of confusion is that the CVC (California Vehicle Code0 is a set of laws and the BAR is tasked with implementing those laws with its own set of regulations. What I quoted above are the BAR regulations regarding smog checks and which vehicles are exempt from those smog check regulations. The BAR regulations are a superset of the CVC and state how those CVC will be enforced. For those entities that operate under the BAR regulations, those regulations control.

 

Having worked through the issue discussed here with a referee and the BAR office in Placentia, CA I can't be more clear in stating that if you get sent to get a smog check by a police officer or BAR representative you have to (by the regulations) complete that smog check or, at a minimum, the vehicle registration will not be renewed.

 

A smog tech can make their own personal decision on whether they will run a vehicle through the test but that decision does not absolve the vehicle owner from getting the check done within the required time period and a smog tech cannot cancel the summons. The vehicle owner would have to find a smog tech that would complete the test or go to a referee. I've built a Datsun 510 with a KA24DE swap for a customer in 2006 and got it smog certified through the referee process. I spent a lot of time discussing these exact issues with BAR reps and the referee.

 

You guys can believe what you want and if you feel that the CVC has a section that does not require smog certification/compliance for 1975 and earlier vehicles I strongly recommend you call BAR and get their opinion on this. Ultimately, that's the entity you have to convince.

[mxgsfmdpx]

See the link to the video and judge for yourself.

 

When CHP motions you into a ROADSIDE DYNO you MUST comply. Plates notwithstanding.

 

And I believe I think I can honestly comprehend what a "Sanford and Son Dodge Truck" is vintage-wise. As I said: The guy was the third vehicle off the stop light, and was pulled in, same as every other third vehicle going through that intersection for the 2.5 hours I sat and watched it operate.

 

What portion of John C's post here are you missing:

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

&

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

 

Maybe you haven't heard of the guys selected for 'random out-of-cycle compliance checks'?

 

I know three---two 240Z's and a 510. Exempt vehicles. Why were they required to report?

 

Please comprehend that above "i)" puts all bets off. Remote sensing is real, and you check dirty, you get the letter. Visual Inspection from the CHP---how about you send me the letter your three shop-owning friends send so I can just keep it in my glovebox which then gets me out of the hassle of going becuase they say so?

 

You THINK you're 'exempt'---you are not.

 

You aren't reading it correctly. (i) is STILL a sub clause of section (4) of 44011. Doesn't pertain to my car.

 

To better serve your side of the argument, section (6) states that "all motor vehicles that the department determines would present prohibitive inspection or repair problems."

 

This portion COULD pertain to my car, but based on how the code is written out, it is not clear on whether or not this is negating the aforementioned section (3)

 

A BAR SMOG representative frequents my friends test only station in Livermore. I will be sure to have a conversation with him AGAIN, even though I had him explain this to me once before.

 

[rayaapp2]

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.

 

 

If you have your truck registered to a PO box out of state you better live out of state with proof like valid DL with a real physical addressed on the DL! Or your going to have problems with the CHP.

 

As far as an Oregon plated vehicle on Ca roads, yes they can be pulled and checked. Any CHP officer can decide to check ANY vehicle on the road for compliance. Since the purpose of those roadside tests were to 'sample' what is really on the road, I seriously doubt a real ORE driver would actually be cited or made to comply with the laws during a passing through. My father-in-law lives up in Cove Ore and visits us here in Ca often. As long as he is in compliance with ORE law he can be pulled over here in Ca but not forced to comply... and we actually have a letter of apology from the CHP from such an event involving trailer registration(in ORE small trailers dont get license plates!).

That actually falls here:

V C Section 4000.2 Out of State Vehicles Certificate

Out-of-State Vehicles: Certificate

 

4000.2. (a) Except as otherwise provided in subdivision ( of Section 43654 of the Health and Safety Code, and, commencing on April 1, 2005, except for model-years exempted from biennial inspection pursuant to Section 44011 of the Health and Safety Code, the department shall require upon registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, previously registered outside this state, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.

 

( For the purposes of determining the validity of a certificate of compliance or noncompliance submitted in compliance with the requirements of this section, the definitions of new and used motor vehicle contained in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code shall control.

Amended Sec. 4, Ch. 704, Stats. 2004. Effective April 1, 2005.

 

Its when driver/owners state they are in compliance with another state's laws and the CHP doesnt really know the other state laws that an issue can arise(how do you think we ended up with a letter of apology!).

 

EDIT: Sorry dont know how to disable the smileys...

Edited April 5, 2011 by rayaapp2

[mxgsfmdpx]

If you have your truck registered to a PO box out of state you better live out of state with proof like valid DL with a real physical addressed on the DL! Or your going to have problems with the CHP.

 

As far as an Oregon plated vehicle on Ca roads, yes they can be pulled and checked. Any CHP officer can decide to check ANY vehicle on the road for compliance. Since the purpose of those roadside tests were to 'sample' what is really on the road, I seriously doubt a real ORE driver would actually be cited or made to comply with the laws during a passing through. My father-in-law lives up in Cove Ore and visits us here in Ca often. As long as he is in compliance with ORE law he can be pulled over here in Ca but not forced to comply... and we actually have a letter of apology from the CHP from such an event involving trailer registration(in ORE small trailers dont get license plates!).

That actually falls here:

V C Section 4000.2 Out of State Vehicles Certificate

Out-of-State Vehicles: Certificate

 

4000.2. (a) Except as otherwise provided in subdivision ( of Section 43654 of the Health and Safety Code, and, commencing on April 1, 2005, except for model-years exempted from biennial inspection pursuant to Section 44011 of the Health and Safety Code, the department shall require upon registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, previously registered outside this state, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.

 

( For the purposes of determining the validity of a certificate of compliance or noncompliance submitted in compliance with the requirements of this section, the definitions of new and used motor vehicle contained in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code shall control.

Amended Sec. 4, Ch. 704, Stats. 2004. Effective April 1, 2005.

 

Its when driver/owners state they are in compliance with another state's laws and the CHP doesnt really know the other state laws that an issue can arise(how do you think we ended up with a letter of apology!).

 

EDIT: Sorry dont know how to disable the smileys...

 

You just said exactly what I said haha.

[johnc]

You aren't reading it correctly. (i) is STILL a sub clause of section (4) of 44011. Doesn't pertain to my car.

 

 

OK, I see what you're saying regarding the paragraph and section numbering. You're right regarding the wording of the part of 44011 I quoted - it only applies to 6 years old or newer. You might also be right regarding an absolute exemption from testing by using this section (44011) but there may be other sections that override. I'm going to make a phone call to my BAR rep and ask for further info. And sorry for the spooner comment, you do raise a good point.

[rayaapp2]

You aren't reading it correctly. (i) is STILL a sub clause of section (4) of 44011. Doesn't pertain to my car.

 

To better serve your side of the argument, section (6) states that "all motor vehicles that the department determines would present prohibitive inspection or repair problems."

 

This portion COULD pertain to my car, but based on how the code is written out, it is not clear on whether or not this is negating the aforementioned section (3)

 

A BAR SMOG representative frequents my friends test only station in Livermore. I will be sure to have a conversation with him AGAIN, even though I had him explain this to me once before.

 

 

 

 

Chapter 5 MOTOR VEHICLE INSPECTION

PROGRAM

 

 

Article 2 PROGRAM REQUIREMENTS

Section

44010. Smog check stations.

44010.5. Test–only facilities; state vehicle fleet in enhanced

program areas; capacity to test; equipment;

contractors; preferences.

44011. Certificate of compliance or noncompliance; biennial

requirement; exceptions; inspections; exemption

from testing for collector motor vehicle.

44011.1. Registered within an area designated for program

coverage.

44011.3. Smog inspection; pretest.

44011.5. Documentation of exemption from § 44011; physical

inspection.

44011.6. Use of heavy–duty motor vehicles emitting excessive

smoke prohibited; testing procedures and

equipment; enforcement; violations; smog check

stations; civil penalties; inspections; administrative

hearing; final order and judgment.

44012. Test; diesel–powered vehicles; refusal to test specified

vehicles.

44012. Test; diesel–powered vehicles; refusal to test specified

vehicles.

44012.1. Visible smoke test; test result disputes; regulations.

44013. Maximum emission standards; studies, experiments,

level; test procedures.

44013. Maximum emission standards; studies, experiments,

levels; test procedures.

44013. Maximum emission standards; studies, experiments,

levels; test procedures.

44013.5. Emissions retrofit device certification program;

development; fees.

44014. Smog check stations; licensing; smog check

technicians; qualifications; test–only and

repair–only stations; quality assurance contracts.

44014.2. Voluntary certification program; regulations applicable

to enhanced areas of the state.

44014.4. Advertisement of certification; violation.

44014.5. Enhanced program components; test–only facility

activities and standards; number of facilities;

testing of gross polluters.

44014.7. Enhanced program areas; certification of vehicles at

test–only facilities; requirements.

44015. Certificate of compliance or noncompliance; issuance

requirements; repair cost waivers; economic

hardship extensions; validity of certificate; time of

test.

44015.5. Certificates of compliance or noncompliance.

44016. Maintenance and repair; specifications and procedures.

44017. Repair cost waivers; cost limitation; visible smoke test

failure.

44017.1. Maximum repair cost limitation.

44017.3. Smog check stations; signs; repair costs.

44017.4. Specially constructed passenger vehicles or pickup

trucks; inspection requirements; determination of

engine model–year or vehicle model–year;

registration restrictions.

44017.5. Referee stations; alternative workday schedule.

44018. Advisory safety equipment maintenance and fuel

efficiency checks; exception.

44019. Motor vehicles owned by public agencies; certificates

of compliance; report to department; alternative

proofs of compliance.

44020. Fleet owners electing to test and conduct service and

adjustment on fleet vehicles; conditions.

44021. Inspection and Maintenance Review Committee;

members; duties.

44024. New technologies; incorporation into inspection

program.

44024.5. Statistical and emissions profiles of motor vehicles;

compilation and maintenance; periodic analyses;

use.

44025. Clearinghouse; service information.

 

 

 

§ 44011. Certificate of compliance or noncompliance; biennial

requirement; exceptions; inspections;

exemption from testing for collector motor

vehicle

(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 the following:

(1) All motorcycles until the department, pursuant to Section

44012, implements test procedures applicable to motorcycles.

(2) All motor vehicles that have 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) All motor vehicles manufactured prior to the 1976 model–year.

(4)(A) Except as provided in subparagraph (, all motor vehicles

four or less model–years old.

( Beginning January 1, 2005, all motor vehicles six or less

model–years old, unless the state board finds that providing an

exception for these vehicles will prohibit the state from meeting the

requirements of Section 176© of the federal Clean Air Act (42 U.S.C.

Sec. 7401 et seq.) or the state’s commitments with respect to the state

implementation plan required by the federal Clean Air Act.

© All motor vehicles 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.

(D) This paragraph does not apply to diesel–powered vehicles.

(5) In addition to the vehicles exempted pursuant to paragraph (4),

any motor vehicle or class of motor vehicles exempted pursuant to

subdivision ( 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) All motor vehicles 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.

(8)(A) All diesel–powered vehicles manufactured prior to the 1998

model–year.

( All diesel–powered vehicles that have a gross vehicle weight

rating of 8,501 to 10,000 pounds, inclusive, until the department, in

consultation with the state board, pursuant to Section 44012,

implements test procedures applicable to these vehicles.

© All diesel–powered vehicles that have a gross vehicle weight

rating from 10,001 pounds to 14,000 pounds, inclusive, until the state

board and the Department of Motor Vehicles determine the best

method for identifying these vehicles, and until the department, in

consultation with the state board, pursuant to Section 44012,

implements test procedures applicable to these vehicles.

(D) All diesel–powered vehicles that have a gross vehicle weight

rating of 14,001 pounds or greater.

( Vehicles designated for program coverage in enhanced areas

shall be required to obtain inspections from appropriate smog check

stations operating in enhanced areas.

© For purposes of subdivision (a), a collector motor vehicle, as

defined in Section 259 of the Vehicle Code, is exempt from those

portions of the test required by subdivision (f) of Section 44012 if the

collector motor vehicle meets all of the following criteria:

(1) Submission of proof that the motor vehicle is insured as a

collector motor vehicle, as shall be required by regulation of the

bureau.

(2) The motor vehicle is at least 35 model–years old.

(3) The motor vehicle complies with the exhaust emissions

standards for that motor vehicle’s class and model–year as prescribed

by the department, and the motor vehicle passes a functional

inspection of the fuel cap and a visual inspection for liquid fuel leaks.

(d) This section shall become operative on January 1, 2010.

(Added by Stats.2007, c. 739 (A.B.1488), § 3, operative Jan. 1, 2010.

Amended by Stats.2009, c. 200 (S.B.734), § 3.)

 

 

§ 44011.5. Documentation of exemption from § 44011;

physical inspection

Documentation that a motor vehicle is exempt from the

requirements of Section 44011 may not be based solely on the owner’s

statement that the vehicle is in an exempt category. Physical

inspection of the vehicle by the department is required unless

alternative documentation satisfactory to the department is available.

(Added by Stats.1988, c. 1544, § 25.)

 

 

All I see in there is stuff concerning compliance testing and specifically exemptions from testing not exemptions from the original smog requirements imposed upon older vehicles.

 

Smog devises were implemented back in about 1966 with the first PCV systems becoming mandatory(Im not going to even look for that law). I have CVC, CCR, partial Penal, partial Civil, partial PR, and H&S on CD in PDF as related to the Laws and Regulations Pertaining to California Automotive Repair Centers, Licensed Smog Check Stations, and Licensed Official Lamp, and Brake Adjusting Stations.

 

BTW short story here, CHP and Local Law Enforcement knows the students attending Universal Technical Institute of Sacramento Ca have all sorts of vehicles and that they are likely illegally modified being the wrenching types. The school tells students from day one and reminds them every 2 weeks or so that they should abide by all laws when leaving campus and even in the greater Sacramento area because Law Enforcement tends to be more harsh on the UTI crowd as they should 'know better'. Most cars that were pulled over at that campus received speeding tickets or exhibition of speed tickets as you might have expected. A lucky few had their cars towed for illegal modifications. And to get to the point there is a very small percentage of the student population that drive older than 1976 but newer than 1965 that were pulled over and yes FORCED to pop their hood for a compliance check. At that point the officer was well within the law to send the student off to the referee for a real compliance check and a few had to go(they esp sting the outta state non-compliance vehicles despite model year there as they are technically reside and are being driven in Ca during school). Ive seen it happen and while I attended school made it a point to be a safe driver(because my car isnt compliant in many ways though it actually passes the emissions test).

[johnc]

Called my BAR rep and he said this is how it works:

 

1. Officer cites under 27156 (http://dmv.ca.gov/pubs/vctop/d12/vc27156.htm).

2. 27156 says its a violation of the law to operate the vehicle (except to get it home or to a repair facility) until proof of correction is provided to the court.

3. The courts currently only accept proof of correction from a referee.

 

None of this has anything to do with the biannual or sale smog inspection program that I mentioned above. Its completely outside the program and is a law enforcement action.

[mxgsfmdpx]

OK, I see what you're saying regarding the paragraph and section numbering. You're right regarding the wording of the part of 44011 I quoted - it only applies to 6 years old or newer. You might also be right regarding an absolute exemption from testing by using this section (44011) but there may be other sections that override. I'm going to make a phone call to my BAR rep and ask for further info. And sorry for the spooner comment, you do raise a good point.

 

No it's all good dude. I'm just going based off of real life experiences ya know? Crap I've been through regarding this stuff with helping my friends get their smog shops up and running. No worries at all. Let me know what you find out on your side, and I will do the same!

[mxgsfmdpx]

Called my BAR rep and he said this is how it works:

 

1. Officer cites under 27156 (http://dmv.ca.gov/pu...d12/vc27156.htm).

2. 27156 says its a violation of the law to operate the vehicle (except to get it home or to a repair facility) until proof of correction is provided to the court.

3. The courts currently only accept proof of correction from a referee.

 

None of this has anything to do with the biannual or sale smog inspection program that I mentioned above. Its completely outside the program and is a law enforcement action.

 

 

 

(a) under Section 27156 seems to be where they can nail us. ( b ) states "...vehicle that is required to be equipped with a motor vehicle pollution control device..." According to the other sections under the BAR guidelines a pre 1976 vehicle would NOT be a "required" vehicle.

 

(a) doesn't continue to explain anything more, and leaves no classification like( b )does. So based on that, we are supposed to negate the previously stated and sectioned SMOG requirement guidelines from the BAR?

Edited April 5, 2011 by mxgsfmdpx

[kamikaZeS30]

Has anyone with a motor-swapped Z been pulled over and cited? It'd be nice to get their input. What their experience was, etc. As it seems like their language is intentionally open-ended because then it is up to court making the ruling, thereby providing a loop-hole. I would imagine that there is a huge lobby for the automotive industry and aftermarket considering it is such a large business.

 

A cop drove by in my ally while I was doing some electrical work on it this weekend, asked me what was in it and I said "Chevy V8" his response was, "That's sweet, it looks nice. Be safe." Got back in his car and continued down the ally.

 

It really all boils down to if you're being an ass or not. Or, if the cop just has a hard on for people with modified vehicles, because his wife made him buy a minivan.

Edited April 5, 2011 by kamikaZeS30

[rayaapp2]

Called my BAR rep and he said this is how it works:

 

1. Officer cites under 27156 (http://dmv.ca.gov/pubs/vctop/d12/vc27156.htm).

2. 27156 says its a violation of the law to operate the vehicle (except to get it home or to a repair facility) until proof of correction is provided to the court.

3. The courts currently only accept proof of correction from a referee.

 

None of this has anything to do with the biannual or sale smog inspection program that I mentioned above. Its completely outside the program and is a law enforcement action.

 

 

And this is where the ref and the rest of the state will get ya.

If your car irrespective of model year was mandated to have any kind of 'emissions' equipment under "( No person shall operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No person shall disconnect, modify, or alter any such required device. " and others then you are breaking the law by using the vehicle on the road if it has been 'tampered' with. The first emissions mandates came out in 1966. There is no exception from these mandates. In fact over the years laws have been amended so that the mandates were more stringent in some cases than when the vehicle was made(such as tail pipe emissions tested).

 

So you will find NOTHING to state that your car isnt required to retain its original emissions equipment anywhere in the law. The laws I posted only talk about the Enhance Smog Program stating that you are no longer required to adhere to the bi-annual inspection(You are exempt from the inspection only not smog regulations). You will have to dig through another law book to find this and I dont even remember which one at this point. The older copy of the CVC I have was MUCH more clear on the subject before the last revision by Arnold.

 

John C states and is absolutely correct here:

"None of this has anything to do with the biannual or sale smog inspection program that I mentioned above. Its completely outside the program and is a law enforcement action."

 

In fact the test stations cannot deal with a vehicle older than 1976 in their system. When the tech trys to smog an older pre-1976 vehicle it wont give the tech the option to run it. The state ref is the only one who can determine if the car is compliant, which is why you get sent there by an officer. Its not in the abbreviated law books I have for the smog station because I dont deal with 75 and older, but those 1975 and older vehicles still have mandated emissions equipment that has to be maintained in order to be legal. BAR is seriously talking about all commercial(no passenger vehicles) 1966 and newer(so ALL pickup trucks without the 1AAA111 style plates) be brought back into the biannual program because they are the worst offenders in these roadside tests.

 

If you want to get to the bottom of this call the state Ref and see if he can give you the code you need to prove or dis-prove this.

 

As a Smog tech the law gives you authority to 'repair' or 'replace' emissions equipment. You must be a Ca State Licensed Smog Tech to make repairs to any emissions equipment though. This IS enforced and there are a bunch of related Laws Codes, and Regulations on the subject, in fact more so than who is and is not suppose to participate in the Enhanced Smog Program.

 

 

In fact I had my dates off. I keep thinking 1966 is the year it started. It was just the first year for tail pipe emissions. In fact it appears it was 1961 for the first emissions mandate(Im a youngin so I was there to be sure), but in fact ARB lists:

 

1963

Positive Crankscase Ventilation requirement of 1961 went into effect on domestic passenger vehicles for sale in California.

First Federal Clean Air Act of 1963 was enacted. Empowered the Secretary of the federal Health, Education, and Welfare to define air quality criteria based on scientific studies. Provided grants to state and local air pollution control districts.

 

1964

Chrysler exhaust control system was approved by the Motor Vehicle Pollution Control Board. Four other independent companies also received approvals.

 

1965

Reliable measurements of ozone concentrations began to be recorded. The maximum one-hour ozone concentration for the year in the South Coast Air Basin was 0.58 ppm.

Federal Clean Air Act of 1963 was amended by the Motor Vehicle Air Pollution Control Act of 1965. Direct regulation of air pollution by the federal government is provided for, and the Department of Health, Education, and Welfare was directed to establish auto emission standards.

 

1966

Auto tailpipe emission standards for HC and CO were adopted by the California Motor Vehicle Pollution Control Board. First of their kind in the nation.

 

More Here:

http://www.arb.ca.gov/html/brochure/history.htm

 

You have to find the mandates for these vehicles and you will see that these regulations are put on these cars, but there isnt an amendment that says they are no longer required to adhere to the regulation, or that there is an expiration on the regulations, only that they must be on there and that a state licensed tech(smog license) is the only person that is legally allowed to repair, or replace emissions related equipment.

Edited April 5, 2011 by rayaapp2

[rayaapp2]

Has anyone with a motor-swapped Z been pulled over and cited? It'd be nice to get their input. What their experience was, etc. As it seems like their language is intentionally open-ended because then it is up to court making the ruling, thereby providing a loop-hole. I would imagine that there is a huge lobby for the automotive industry and aftermarket considering it is such a large business.

 

A cop drove by in my ally while I was doing some electrical work on it this weekend, asked me what was in it and I said "Chevy V8" his response was, "That's sweet, it looks nice. Be safe." Got back in his car and continued down the ally.

 

It really all boils down to if you're being an ass or not. Or, if the cop just has a hard on for people with modified vehicles, because his wife made him buy a minivan.

 

And this is why the situation is so miss-leading to others. Cops typically are not concerned with these older cars and why should they be focused on such a small percentage on the road when they are mainly after the newer non-compliant vehicles if at all. If you piss in the wrong CHP's Cherrio's sort to speak you might find yourself in a really bad situation for sure. Its the CHP's job to keep the roads safe so they are a bit more focused on the regulations. Like I said above Ive seen cops do it though. The Police will call in a CHP and in the worst cases the car will be subjected to a ref check if its suspected that it is purposely NOT in compliance with emissions regulations despite model year. I was not witness to any of the ref inspections that followed so I cannot provide that feedback, but Im sure you could ask the local ref what they would do in that situation.

[johnc]

I think its generally accepted that if you piss off a cop he is going to make your life hell. If he can write you up under CVC 27156 its really easy for him because you just go away and get sucked into the system where someone else makes your life hell. With the roadside tests things might be different, although I've seen a CHP officer at every one of these. My guess is that he issues a 27156 citation if the inspectors find something.

[BLOZ UP]

So, I'm swapping a VG33 into my S30. If I move to California, I have to:

 

1) Get all the emissions components out of the car the VG33 is from to work on the S30 (CAT, EGR, CCV+Carbon Canister, etc.)

2) Use the ECU that matches the engine.

 

So, even if I got megasquirt 3 to control all the emissions equipment, it wouldn't be legal? Good thing my MS2 can fit in the stock ECU box...

 

All of #1 is fine and I could possibly make it work, but, if I have to use the OEM ECU, what's the point of doing an engine swap?

 

Tony, does this still apply? More info I found:

 

http://www.hotrodders.com/forum/california-smog-law-62783.html

 

http://www.pirate4x4.com/forum/archive/index.php/t-315947.html

Edited April 6, 2011 by BLOZ UP

[rayaapp2]

So, I'm swapping a VG33 into my S30. If I move to California, I have to:

 

1) Get all the emissions components out of the car the VG33 is from to work on the S30 (CAT, EGR, CCV+Carbon Canister, etc.)

2) Use the ECU that matches the engine.

 

So, even if I got megasquirt 3 to control all the emissions equipment, it wouldn't be legal? Good thing my MS2 can fit in the stock ECU box...

 

All of #1 is fine and I could possibly make it work, but, if I have to use the OEM ECU, what's the point of doing an engine swap?

 

Tony, does this still apply? More info I found:

 

http://www.hotrodders.com/forum/california-smog-law-62783.html

 

http://www.pirate4x4.com/forum/archive/index.php/t-315947.html

 

Basically if you want to do an engine swap on any vehicle you can use "Appendix E" of the "Smog Check Reference Guide" which can be brought up at ARB SMOG CHECK REFERENCE GUIDE to get your car setup the Legal way. I think most of us fall into the other category... including myself, but they dont check unless like I said, you piss off the wrong person. MS2 would not be legal. Im pretty sure it says Off Highway Use in Ca somewhere on their website or something to that effect.

 

AB2683

Another great quote in its entirety:

other than to and from repair shops,

a collector car can only be driven to parades and club/car related functions.

 

in other words, not to work, not to grocery store. not to your friend's house. not even around the block because you felt like taking it out of the garage.

 

i went through this when i owned the 70 LT- 1 vette. dropped the coverage because i wanted to drive my car on daily basis.

 

i am sure the state won't get too excited but, haggarty will if finds out : fender bender in the target parking lot.

 

 

below is the statement about visual inspection.

 

was basically put in place so that museums could keep cars registered and not have to bother with chasing down functioning parts made of unobtainium to stay smog legal.

 

The bill would also provide that, commencing April 1, 2005,

defined collector motor vehicles for which proof of insurance is

submitted on that basis in accordance with regulations of the Bureau

of Automotive Repair, and that are at least 35 model-years old, shall

be subject to otherwise applicable exhaust emissions standards, but

shall not be required to pass a visual and functional inspection of

emission equipment, other than a functional inspection of the fuel

cap and a visual inspection for liquid fuel leaks.

 

 

whole law is below

 

BILL NUMBER: AB 2683 ENROLLED

BILL TEXT

 

PASSED THE SENATE AUGUST 27, 2004

PASSED THE ASSEMBLY AUGUST 27, 2004

AMENDED IN SENATE AUGUST 26, 2004

AMENDED IN SENATE AUGUST 23, 2004

AMENDED IN ASSEMBLY MAY 20, 2004

AMENDED IN ASSEMBLY MARCH 24, 2004

 

INTRODUCED BY Assembly Member Lieber

(Coauthor: Assembly Member Koretz)

(Coauthor: Senator Machado)

 

FEBRUARY 20, 2004

 

An act to amend Section 44011 of the Health and Safety Code, and

to amend Sections 4000.1 and 4000.2 of the Vehicle Code, relating to

air pollution.

 

 

 

LEGISLATIVE COUNSEL'S DIGEST

 

 

AB 2683, Lieber. Air pollution: smog check.

(1) Existing law establishes a motor vehicle inspection and

maintenance program (smog check), administered by the Department of

Consumer Affairs and the State Air Resources Board, that provides for

the inspection of all motor vehicles, except those specifically

exempted from the program, upon registration, biennially upon renewal

of registration, upon transfer of ownership, and in certain other

circumstances. Existing law requires the Department of Motor

Vehicles to require any motor vehicle subject to those requirements

to demonstrate compliance with those requirements. Existing law also

establishes an enhanced motor vehicle inspection and maintenance

program (smog check II) in each urbanized area of the state, any part

of which is classified by the United States Environmental Protection

Agency as a serious, severe, or extreme nonattainment area for

specified air contaminants. Existing law also requires the smog

tests to include, at minimum, loaded mode dynamometer testing in

enhanced areas, and 2-speed testing in all other program areas, and a

visual or functional check of emission control devices specified by

the department. Existing law exempted from those requirements, until

January 1, 2003, any motor vehicle manufactured prior to the 1974

model-year, and after that date, any motor vehicle that is 30 or more

model-years old.

This bill would instead, commencing April 1, 2005, exempt from the

smog check requirements, and the smog check compliance requirements,

any motor vehicle manufactured prior to the 1976 model-year.

Existing law exempts from existing smog check requirements, any

motor vehicle 4 or less model-years old and also exempts any motor

vehicle up to 6 model-years old, unless the state board determines

that the exemption would prohibit the state from meeting specified

requirements of the federal Clean Air Act.

This bill would, commencing April 1, 2005, make the exemption for

any motor vehicle 4 or less model-years old inapplicable if the state

board makes those same determinations regarding the requirements of

the federal act.

 

 

The bill would also provide that, commencing April 1, 2005,

defined collector motor vehicles for which proof of insurance is

submitted on that basis in accordance with regulations of the Bureau

of Automotive Repair, and that are at least 35 model-years old, shall

be subject to otherwise applicable exhaust emissions standards, but

shall not be required to pass a visual and functional inspection of

emission equipment, other than a functional inspection of the fuel

cap and a visual inspection for liquid fuel leaks.

 

 

 

(2) Under existing law, the Department of Motor Vehicles, with

certain exceptions, is required to obtain submission of a valid smog

check certificate of compliance or noncompliance, as appropriate, in

order to register a motor vehicle previously registered outside the

state. Among other exemptions, from this requirement, existing law

exempts 1965 or earlier model-year motor vehicles.

This bill, commencing April 1, 2005, would instead apply the

model-year exemption that is applicable to vehicles registered in

this state. The bill would also make technical clarifying changes.

(3) Existing law makes any violation of the smog check

requirements a misdemeanor.

To the extent that the bill would impose the smog check

requirements on additional vehicles on and after April 1, 2005, this

bill would impose a state-mandated local program by expanding the

scope of a crime.

(4) This bill would render inoperative on and after April 1, 2005,

the amendments to Sections 43843 and 44004 of the Health and Safety

Code proposed by SB 1615, if this bill is enacted after SB 1615.

(5) The California Constitution requires the state to reimburse

local agencies and school districts for certain costs mandated by the

state. Statutory provisions establish procedures for making that

reimbursement.

This bill would provide that no reimbursement is required by this

act for a specified reason.

 

 

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

 

 

SECTION 1. (a) It is the intent of the Legislature, in enacting

the act adding this section, to ensure that vehicles, of the 1975

model-year and older are permanently exempted from the biennial

compliance requirement of the motor vehicle inspection and

maintenance (smog check) program.

( It is further the intent of the Legislature to ensure that the

Department of Motor Vehicles and the Department of Consumer Affairs

have adequate time to comply with the requirements of the act adding

this section by delaying the operation of the act until April 1,

2005.

SEC. 2. Section 44011 of the Health and Safety Code is amended to

read:

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) Any motor vehicle manufactured prior to the 1976 model-year.

(4) (A) Except as provided in subparagraph (, any motor vehicle

four or less model-years old.

( Beginning January 1, 2005, any motor vehicle six or less

model-years old, unless the state board finds that providing an

exception for these vehicles will prohibit the state from meeting the

requirements of Section 176© of the federal Clean Air Act (42

U.S.C. Sec. 7401 et seq.) or the state's commitments with respect to

the state implementation plan required by the federal Clean Air Act.

 

© 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 ( 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.

( Vehicles designated for program coverage in enhanced areas

shall be required to obtain inspections from appropriate smog check

stations operating in enhanced areas.

© For purposes of subdivision (a), any collector motor vehicle,

as defined in Section 259 of the Vehicle Code, is exempt from those

portions of the test required by subdivision (f) of Section 44012 if

the collector motor vehicle meets all of the following criteria:

(1) Submission of proof that the motor vehicle is insured as a

collector motor vehicle, as shall be required by regulation of the

bureau.

(2) The motor vehicle is at least 35 model-years old.

(3) The motor vehicle complies with the exhaust emissions

standards for that motor vehicle's class and model-year as prescribed

by the department, and the motor vehicle passes a functional

inspection of the fuel cap and a visual inspection for liquid fuel

leaks.

SEC. 3. Section 4000.1 of the Vehicle Code is amended to read:

4000.1. (a) Except as otherwise provided in subdivision (, ©,

or (d) of this section, or subdivision ( of Section 43654 of the

Health and Safety Code, the department shall require upon initial

registration, and upon transfer of ownership and registration, of any

motor vehicle subject to Part 5 (commencing with Section 43000) of

Division 26 of the Health and Safety Code, a valid certificate of

compliance or a certificate of noncompliance, as appropriate, issued

in accordance with Section 44015 of the Health and Safety Code.

( With respect to new motor vehicles certified pursuant to

Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of

the Health and Safety Code, the department shall accept a statement

completed pursuant to subdivision ( of Section 24007 in lieu of the

certificate of compliance.

© For purposes of determining the validity of a certificate of

compliance or noncompliance submitted in compliance with the

requirements of this section, the definitions of new and used motor

vehicle contained in Chapter 2 (commencing with Section 39010) of

Part 1 of Division 26 of the Health and Safety Code shall control.

(d) Subdivision (a) does not apply to a transfer of ownership and

registration under any of the following circumstances:

(1) The initial application for transfer is submitted within the

90-day validity period of a smog certificate as specified in Section

44015 of the Health and Safety Code.

(2) The transferor is the parent, grandparent, sibling, child,

grandchild, or spouse of the transferee.

(3) A motor vehicle registered to a sole proprietorship is

transferred to the proprietor as owner.

(4) The transfer is between companies whose principal business is

leasing motor vehicles, if there is no change in the lessee or

operator of the motor vehicle or between the lessor and the person

who has been, for at least one year, the lessee's operator of the

motor vehicle.

(5) The transfer is between the lessor and lessee of the motor

vehicle, if there is no change in the lessee or operator of the motor

vehicle.

(6) The motor vehicle was manufactured prior to the 1976

model-year.

(7) Beginning January 1, 2005, the transfer is for a motor vehicle

that is four or less model-years old. The department shall impose a

fee of eight dollars ($8) on the transferee of a motor vehicle that

is four or less model-years old. Revenues generated from the

imposition of that fee shall be deposited into the Vehicle Inspection

and Repair Fund.

(e) The State Air Resources Board, under Part 5 (commencing with

Section 43000) of Division 26 of the Health and Safety Code, may

exempt designated classifications of motor vehicles from subdivision

(a) as it deems necessary, and shall notify the department of that

action.

(f) Subdivision (a) does not apply to a motor vehicle when an

additional individual is added as a registered owner of the motor

vehicle.

(g) For purposes of subdivision (a), any collector motor vehicle,

as defined in Section 259, is exempt from those portions of the test

required by subdivision (f) of Section 44012 of the Health and Safety

Code, if the collector motor vehicle meets all of the following

criteria:

(1) Submission of proof that the motor vehicle is insured as a

collector motor vehicle, as shall be required by regulation of the

bureau.

(2) The motor vehicle is at least 35 model-years old.

(3) The motor vehicle complies with the exhaust emissions

standards for that motor vehicle's class and model year as prescribed

by the department, and the motor vehicle passes a functional

inspection of the fuel cap and a visual inspection for liquid fuel

leaks.

SEC. 4. Section 4000.2 of the Vehicle Code is amended to read:

4000.2. (a) Except as otherwise provided in subdivision ( of

Section 43654 of the Health and Safety Code, and, commencing on April

1, 2005, except for model-years exempted from biennial inspection

pursuant to Section 44011 of the Health and Safety Code, the

department shall require upon registration of a motor vehicle subject

to Part 5 (commencing with Section 43000) of Division 26 of the

Health and Safety Code, previously registered outside this state, a

valid certificate of compliance or a certificate of noncompliance, as

appropriate, issued in accordance with Section 44015 of the Health

and Safety Code.

( For the purposes of determining the validity of a certificate

of compliance or noncompliance submitted in compliance with the

requirements of this section, the definitions of new and used motor

vehicle contained in Chapter 2 (commencing with Section 39010) of

Part 1 of Division 26 of the Health and Safety Code shall control.

SEC. 5. The amendments to Sections 43843 and 44004 of the Health

and Safety Code proposed by Senate Bill 1615, if enacted, shall not

be operative.

SEC. 6. No reimbursement is required by this act pursuant to

Section 6 of Article XIII B of the California Constitution because

the only costs that may be incurred by a local agency or school

district will be incurred because this act creates a new crime or

infraction, eliminates a crime or infraction, or changes the penalty

for a crime or infraction, within the meaning of Section 17556 of the

Government Code, or changes the definition of a crime within the

meaning of Section 6 of Article XIII B of the California

Constitution.

SEC. 7. This act shall become operative on April 1, 2005.

 

Like I said my copy of the laws are for a Smog Station and it has sections of Laws, Codes, and Regulations that a smog shop would need, but its really not complete. The above quote has the exact letter of the law as my 44011 section should read above. Its spelled out nice and clear how its exception from inspection and nothing else.

Edited April 6, 2011 by rayaapp2

[Tony D]

Called my BAR rep and he said this is how it works:

 

1. Officer cites under 27156 (http://dmv.ca.gov/pubs/vctop/d12/vc27156.htm).

2. 27156 says its a violation of the law to operate the vehicle (except to get it home or to a repair facility) until proof of correction is provided to the court.

3. The courts currently only accept proof of correction from a referee.

 

None of this has anything to do with the biannual or sale smog inspection program that I mentioned above. Its completely outside the program and is a law enforcement action.

 

This is exactly as my "LIFE EXPERIENCE" has show it to be as well. You get the citation, you have to get something from the REFEREE to clear it. If the car won't pass the check, you're SOL. (This is what happened to the 240's and 510 I mentioned...then each of those individuals got a notice regarding every car they owned (most of which were company leased vehicles LESS THAN 6 YEARS OLD BY A LONGSHOT) for a 'random out-of-cycle check'... Harrassment? To be sure. Their offense? Having their car on the cover of a magazine with enough personal details inside for someone at BAR or DMV to get a real hard-on for them and make their life miserable. The costs and time involved were considerable, and ironically even their 'illegally modified' 240's and 510's were clean-clean-clean, far cleaner than if they had been in their stock carburetted and 40 year old state of disrepair...)

 

You are NOT exempt from COMPLIANCE only routine testing. And as all these are legislative fiats, they can be changed at any time. They have already attempted several times to remove the old cap and throw everybody back into the SMOG testing system purely to RAISE REVENUE nothing more.

 

Delude yourselves all you want---someone made the phone call and got the letter of the law. Standing on 'life experience' is a grand thing, but when more than one person says it's not how it's done you might consider the fact you may be wrong.

 

I liken it to having a really hot sister and getting some regularly. It's great with only you two knowing about it, but when your friends and family learn of the affair they kind of try to set you straight. You may still think it was and is the best piece on the face of the planet...but it just ain't right.

 

This is what we have here today...

Edited April 6, 2011 by Tony D

[BLOZ UP]

But in the post of tony's that I linked, he said he had Haggarty... They do classic and collector insuring. Where classic would be able to drive more often than not.

 

I'm guessing purchasing collector insurance and regular insurance on a single car, giving out the appropriate one whenever needed, is a bad idea?

Edited April 6, 2011 by BLOZ UP

[thehelix112]

This is exactly as my "LIFE EXPERIENCE" has show it to be as well.

 

...

 

I liken it to having a really hot sister and getting some regularly. It's great with only you two knowing about it, but when your friends and family learn of the affair they kind of try to set you straight. You may still think it was and is the best piece on the face of the planet...but it just ain't right.

 

This is what we have here today...

 

I'm sure this violates something, like my contentment in having a vivid visual imagination.

 

Dave

[mxgsfmdpx]

John C thanks for actually posting useful information and for making the call. Gives me some info o go off of when I talk to my BAR guy next week.

 

Tony D, you didn't do anything but post life experiences just like mine. Don't take credit for others work with a long pointless post when you did NOTHING to help your side of the argument. You didn't post any real facts or data. Thanks for trying though.