smog exemption

[sambrozy]

Has anyone read about CA eliminating the smog exemption?

[crillyiv]

This link will take you to the bill.

http://www.leginfo.ca.gov/pub/bill/a...introduced.pdf

[Ron61]

I posted a copy of the bill in the lounge this morning asking for peoples interpetations on parts of it. I think this is the same bill that Flores tried a year or so ago and got so much heat he withdrew it, and now that his buddy Davis is gone he is getting others to try and get it through. There are some really undefined areas in the bill that I think leaves to much up to whoever the state decides to have interpet the bill. The whole thing should be done away with as should assembly woman Lieber. If interpeted one way, it will completely void any cars registered under SB-100. Example, you register your car as a 1965 Cobra replica, but the registration is 2004. The car can still be a 1965 replica but could be made to meet the emission requirements of the year it is registered and not thet year of the car body or motor. This is the way it was explained to me by a friend of mine in Sacramento who is fighting against it. I am not sure if this is correct and think all people from all states should look at this farce and decide what they think.

Ron

[RedBarchetta]

I'm kicking out e-mail this week to every representative in the state house and senate. They need to know the truth and amend this bill to EXCLUDE the 1,500 or so vehicles that presently fall under SB100 and 1578. What a crock!!! The a-hole (Lieber) that put this portion in there must have had her car alarm set-off by one of our pipes and this is her way of wielding a mightier sword?!?!?

I really hate government when government is mis-guided.........

[crillyiv]

Here is how 44011 HS reads now.

-----------------------------------------------
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) Beginning January 1, 2004, any motor vehicle up to six
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(c) of the 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 Clean Air Act.
(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.

---------------------------------------------------------

The section of the code relating to Specially Constructed Vehicles is part of the current code and the proposed bill appears to do nothing to change that section.

It appears to me that the new bill would only change the sections indicated by the added text in italics and the removal of the struck out text as shown below.

From AB 2683, the proposed revision;

[Bruce Edwards]

Well all I have to say is I am glad I moved back to Florida in 81!! Don't take this wrong but why the hell do you folks stay in that state? Let it become a New York or Miami for the whole state and all the tree huggers and the like can move there and leave the rest of us the hell alone! Maybe we could get lucky and the state will finally break off and sink in the ocean taking all of them with it. Can you tell I really did not like my stay in California?
I guess I had more to say than I thought. Sorry about that.

[RedBarchetta]

Originally posted by crillyiv


Here is how 44011 HS reads now.

(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)
(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......

Jim, what exactly do they mean by "excepted by this paragraph"? I've never seen that word used in that context.

I smell a rat on this one...if I'm off base, someone please correct me. It just wreaks with language that could be construed as an outright ban on specialty vehicles in general and out-of-state vehicles (which, btw, are subject to sniffer tests anyways).

-Deano

[dexter]

Deano - Here's how I think the language reads:
Paragraph 44011(a) says all vehicles are subject to biennial smog tests except for these vehicles: 1) motorcycles and diesels, 2) any vehicle tested within the previous 6 months, 3) any pre-1976 vehicle, and 4) any vehicle up to 6 years old.

Subparagraph 44011(a)(4)(C) then adds that, if you think you're exempt under one of the 4 exceptions listed above, they might still subject you to testing if any of the following applies:
i) through remote sensing or some other method they think you've tampered with your smog system or would fail a smog test,
ii) the vehicle is being brought into CA and registered here,
iii) the vehicle is being registered as a SPCVN
iv) the vehicle has been selected for testing under 44014.7 (whatever that is).

It's important to remember that 44011(a)(4)(C) is not being changed by this proposed legislation. We've been peacefully co-existing with this via SB100/1578 for a couple of years now & I don't see where this proposed legislation changes it.

Rather than get our panties wadded over some misinterpretation, I'd rather focus on what's not to like about the legislation as it's proposed: the elimination of the rolling 30 year smog requirement. For those of us who've harbored fantasies about heavily modding a mid 70s car in the next couple of years, this proposal pretty much craters that idea.

[crillyiv]

Dean,
I am no expert, but since you made the mistake of asking, here is my interpretation.

44011(a) HS Begins by saying that ALL internal combustion powered vehicles have to be smogged. As with most rules, there are bound to be exceptions. IOW, cases where the vehicle does not have to be smogged. That is what they are introducing when they say, "except for all of the following".

The code then lists some of the cases where a vehicle would not have to be smogged. Where the vehicles are "excepted" from being smogged.

Then, and you gotta love the people who write these things, they list cases where vehicles are "excepted" from the exception. They didn't have to be smogged, but now they do if they are in one of the categories listed. ie: Specially Constructed Vehicles

The part I don't like is, "as determined by the department". There is a world of grey there.

The thing of it is, this language is already the law and is not going to be changed by AB 2683.

AB 2683 only removes the thirty year exception to being smogged, and replaces it with any vehicle older than '76 is excepted.

Under the current law you can look forward to not having to smog your car once it is over thirty years old. If AB 2683 passes, any car from model year '76 on will have to be smogged regardless of how old it is.

I hope that was a bit clearer than mud