New California Smog Law change proposed...

[Sheppard]

I think that specially built vehicles under SB 100 may still be exempt from the requirements of SB 708. That which follows is the text of the bill in its present form:

"SB 708, as introduced, Florez. 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 exempts from those requirements, until January 1, 2003, any motor vehicle manufactured prior to the 1974model-year, and after that date, any motor vehicle that is 30 or more
model-years old.
This bill would delete the exemption for those motor vehicles, and would instead, commencing January 1, 2005, exempt any motor vehicle that is 45 or more model-years old."

Couple of thoughts...First, what smog standard could be imposed on a forty-five year old vehicle that at the time of its manufacture was not subject to a smog standard? I think the answer is "No Standard"

Second, the phrase "provides for the inspection of all motor vehicles, except those specifically exempted from the program"

Thus the question becomes does SB 100 "exempt" specialty cars from the smog requirements program ...if it does then SB 708 does not change the exemption as to specialty vehicles registered under SB 100.

And that which follows is the relevant portion of SB 100:

"The bill provides that in determining the vehicle
model-year, the referee must compare the vehicle to
vehicles of the era that the vehicle most closely
resembles. The referee must assign the 1960 model-year to
any specially constructed vehicle that does not
sufficiently resemble a previously manufactured vehicle.
The referee must require only those emission control
systems that are applicable to the established model-year
and that the vehicle reasonably accommodates in its present
form.

the language stating: "The referee must require only those emission control systems that are applicable to the established model-year and that the vehicle reasonably accommodates in its present form." seems to create a window of opportunity.

It appears that SB 100 creates a limited exception....the engine would have to conform to "model-year" systems OR systems that the vehicle would "reasonably accomodate in its present form."

Seemingly if the vehicle or the engine wouldn't accept certain smog systems catalitic converters or the like....as a specially build vehicle.....SB 708 could not force the installation of those systems.


Certainly by 3/25 we will know the answer......


The bad news is that SB 708 would require classic cars not specially built.....But again what standard would be imposed...in 1965 smog tests and converters were unhear of.....CA is not going to proulgate standards during a budget crunch....I think Florez is grandstanding as others on the forum have said.....