44010. The motor vehicle inspection program shall provide for
privately operated stations which shall be referred to as smog check
stations and are authorized pursuant to Section 44015 to issue
certificates of compliance or noncompliance to vehicles which meet
the requirements of this chapter.
44010.5. (a) The department shall implement a program with the
capacity to commence, by January 1, 1995, the testing at test-only
facilities, in accordance with this chapter, of 15 percent of that
portion of the total state vehicle fleet consisting of vehicles
subject to inspection each year in the biennial program and that are
registered in the enhanced program area, as established pursuant to
paragraph (1) of subdivision (a) of Section 44003.
(b) (1) The department shall increase the capacity of the program
so that the capacity exists to commence, by January 1, 1996, the
testing at test-only facilities of that portion of the state vehicle
fleet that is subject to inspection and is registered in the enhanced
program area, which is sufficient to meet the emission reduction
performance standards established by the United States Environmental
Protection Agency in regulations adopted pursuant to the Clean Air
Act Amendments of 1990, taking into account the results of the pilot
demonstration program established pursuant to Section 44081.6.
(2) Upon increasing the capacity of the program pursuant to
paragraph (1), the department shall afford smog check stations that
are licensed and certified pursuant to Sections 44014 and 44014.2 the
initial opportunity to perform the required inspections. The
department shall adopt, by regulation, the requirements to provide
that initial opportunity.
(3) If the department determines that there is an insufficient
number of licensed test-only smog check stations operating in an
enhanced area to meet the increased demand for test-only inspections,
the department may increase the capacity of the program by utilizing
existing contracts.
(c) The program shall utilize the testing procedures described in
Section 44012. Vehicles selected for testing pursuant to this section
shall include vehicles equipped without second generation onboard
diagnostic systems (OBD II) and vehicles with emission problems that
may not be adequately detected by the vehicle's OBD II, as determined
by the department in consultation with the state board. The
department, in consultation with the state board, may also select for
testing pursuant to this section any other vehicles necessary in
order to meet the requirement described in paragraph (1) of
subdivision (b).
(d) Vehicles that are not diesel-powered in the enhanced program
area which are not subjected to the program established by this
section may be tested at smog check stations licensed pursuant to
Section 44014 that use loaded mode dynamometers. Diesel-powered
vehicles in the enhanced program area that are not subjected to the
program established by this section may be tested at smog check
stations licensed pursuant to Section 44014 using appropriate testing
procedures as determined by the department.
(e) (1) The department may implement the program established
pursuant to subdivision (a) through a network of privately operated
test-only facilities established pursuant to contracts to be awarded
pursuant to this section.
(2) The initial contracts awarded pursuant to this section shall
terminate not later than seven years from the date that the contracts
were executed.
(f) No person shall be a contractor of the department for
test-only facilities in all air basins, exclusively, where the
enhanced program is in effect unless the department determines, after
a public hearing, that there is not more than one qualified
contractor. The South Coast Air Basin shall have at least two
contractors, and the combined enhanced program area that includes
Bakersfield, Fresno, and Sacramento shall have at least two
contractors. The department may operate test-only facilities on an
interim basis while contractors are being sought.
(g) (1) In awarding contracts under this section, the department
shall request bids through the issuance of a request for proposal.
(2) The department shall first determine which bidders are
qualified, and then award the contract to the qualified bidder,
giving priority to the test cost and convenience to motorists.
(3) The department shall provide a contractual preference, as
determined by the department, not to exceed 10 percent of the total
proposal evaluation score, based on the following factors:
(A) Up to 5 percent to bidders providing firm commitments to
employ businesses that are licensed or otherwise substantially
participating in the smog check program after January 1, 1994.
(B) Up to 5 percent to bidders based on the extent to which
bidders maximize the potential economic benefit of the smog check
program on this state over the term of the contract. That potential
economic benefit shall include the percentage of work performed by
California-based firms, the potential of the total project workforce
who will be California residents, and the percentage of subcontracts
that will be awarded to California-based firms.
(4) Any contract executed by the department for the operation of a
test-only facility shall expressly require compliance with this
chapter and any regulations adopted by the department pursuant to
this chapter.
(h) The department shall ensure that there is a sufficient number
of test-only facilities, and that they are properly located, to
ensure reasonable accessibility and convenience to all persons within
an enhanced program area, and that the waiting time for consumers is
minimized. The department may operate test-only facilities on an
interim basis to ensure convenience to consumers. The department
shall specify in the request for proposal the minimum number of
test-only facilities that are required for the program. Any contracts
initially awarded pursuant to this section shall ensure that the
contractors are capable of fulfilling the requirements of subdivision
(a).
(i) Any data generated at a test-only facility shall be the
property of the state, and shall be fully accessible to the
department at any time. The department may set contract
specifications for the storage of that data in a central data storage
system or facility designated by the department.
(j) The department shall ensure an effective transition to the new
program by implementing an effective public education program and
may specify in the request for proposal a dollar amount that bidders
are required to include in their bids for public education
activities, to be implemented pursuant to Section 44070.5.
(k) The department shall ensure the effective management of the
test-only facilities and shall specify in the request for proposal
that a manager be present during all hours of station operation.
(l) The department shall ensure and facilitate the effective
transition of employees of businesses that are licensed or otherwise
substantially participating in the smog check program and may specify
in the request for proposal that test-only facility management be
Automotive Service Excellence (ASE) certified, or be certified by a
comparable program as determined by the department.
(m) As part of the contracts to be awarded pursuant to subdivision
(e), the department may require contractors to perform functions
previously undertaken by referee stations throughout the state, as
determined by the department, at some or all of the affected stations
in enhanced areas, and at additional stations outside enhanced areas
only to the extent necessary to provide appropriate access to
referee functions.
(n) Notwithstanding any other provision of law, to avoid delays to
the program implementation timeline required by this chapter or the
Clean Air Act, the Department of General Services, at the request of
the department, may exempt contracts awarded pursuant to this section
from existing laws, rules, resolutions, or procedures that are
otherwise applicable, including, but not limited to, restrictions on
awarding contracts for more than three years. The department shall
identify any exemptions requested and granted pursuant to this
subdivision and report thereon to the Legislature.
(o) The department shall implement the program established in this
section only in urbanized areas classified by the United States
Environmental Protection Agency as a serious, severe, or extreme
nonattainment area for ozone or a moderate or serious nonattainment
area for carbon monoxide with a design value greater than 12.7 ppm,
and shall not implement the program in any other area.
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 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 (B), all motor vehicles
four or less model-years old.
(B) 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(c) 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.
(C) 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 (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) 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.
(B) 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.
(C) 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.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
(c) 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.
44011.1. For purposes of Section 44011, the term "registered within
an area designated for program coverage" includes any vehicle
registered pursuant to the Vehicle Code in this state when the
registered owner's mailing or residence address is not located within
this state, or when the address at which the vehicle is garaged is
not located within this state.
44011.3. Every motor vehicle that is subject to testing pursuant to
this chapter may be pretested. As used in this section, a pretest is
a smog inspection in which the motor vehicle is submitted to some or
all of the required elements of the emissions inspection as
specified in Section 44012, the results of which will not be reported
to the Department of Motor Vehicles and for which a certificate will
not be issued. A person choosing to have his or her vehicle
pretested has the right to have a complete pretest of the vehicle
unless the person requests a partial pretest. If the person requests
a partial pretest, the licensed technician or an authorized
representative of the licensed smog check station shall inform the
vehicle owner that the partial pretest may not indicate the
likelihood of the vehicle passing a subsequent official inspection.
44011.5. 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.
44011.6. (a) The use of a heavy-duty motor vehicle that emits
excessive smoke is prohibited.
(b) (1) As expeditiously as possible, the state board shall
develop a test procedure for the detection of excessive smoke
emissions from heavy-duty diesel motor vehicles that is feasible for
use in an intermittent roadside inspection program. During the
development of the test procedure, the state board shall cooperate
with the Department of the California Highway Patrol in conducting
roadside inspections.
(2) The state board may also specify visual or functional
inspection procedures to determine the presence of tampering or
defective emissions control systems in heavy-duty diesel or
heavy-duty gasoline motor vehicles. However, visual or functional
inspection procedures for heavy-duty gasoline motor vehicles shall
not be more stringent than those prescribed for heavy-duty gasoline
motor vehicles subject to biennial inspection pursuant to Section
44013.
(3) The chairperson of the state board shall appoint an ad hoc
advisory committee that shall include, but not be limited to,
representatives of heavy-duty engine manufacturers, carriers of
property for compensation using heavy-duty gasoline or heavy-duty
diesel motor vehicles, and the Department of the California Highway
Patrol. The advisory committee shall cooperate with the state board
to develop a test procedure pursuant to this subdivision and shall
advise the state board in developing regulations to implement test
procedures and inspection of heavy-duty commercial motor vehicles.
(c) Any smoke testing procedures or smoke measuring equipment,
including any meter that measures smoke opacity or density and any
recorder that stores or records smoke opacity or density
measurements, used to test for compliance with this section and
regulations adopted pursuant to this section, shall produce
consistent and repeatable results. The requirements of this
subdivision shall be satisfied by the adoption of Society of
Automotive Engineers recommended practice J 1667, "Snap-Acceleration
Smoke Test Procedures for Heavy-Duty Diesel Powered Vehicles."
(d) (1) The smoke test standards and procedures adopted and
implemented pursuant to this section shall be designed to ensure that
no engine will fail the smoke test standards and procedures when the
engine is in good operating condition and is adjusted to the
manufacturer's specifications.
(2) In implementing this section, the state board shall adopt
regulations that ensure that there will be no false failures or that
ensure that the state board will remedy any false failures without
any penalty to the vehicle owner.
(e) The state board shall enforce the prohibition against the use
of heavy-duty motor vehicles that are determined to have excessive
smoke emissions and shall enforce any regulation prohibiting the use
of a heavy-duty motor vehicle determined to have other
emissions-related defects, using the test procedure established
pursuant to this section.
(f) The state board may issue a citation to the owner or operator
for any vehicle in violation of this section. The regulations may
require the operator of a vehicle to submit to a test procedure
adopted pursuant to subdivision (b) and this subdivision, and may
specify that refusal to so submit is an admission constituting proof
of a violation, and shall require that, when a citation has been
issued, the owner of a vehicle in violation of the regulations shall,
within 45 days, correct every deficiency specified in the citation.
(g) The department may develop criteria for one or more classes of
smog check stations capable of determining compliance with
regulations adopted pursuant to this section and may authorize those
stations to issue certificates of compliance to vehicles in
compliance with the regulations. The department may contract for the
operation of smog check stations for heavy-duty motor vehicles
pursuant to this subdivision, and only heavy-duty motor vehicles may
be inspected at those stations.
(h) In addition to the corrective action required by this section,
the owner of a motor vehicle in violation of this section is subject
to a civil penalty of not more than one thousand five hundred
dollars ($1,500) per day for each day that the vehicle is in
violation. The state board may adopt a schedule of reduced civil
penalties to be applied in cases where violations are corrected in an
expeditious manner. However, the schedule of reduced civil penalties
shall not apply where there have been repeated incidents of
emissions control system tampering. All civil penalties imposed
pursuant to this subdivision shall be collected by the state board
and deposited in the Vehicle Inspection and Repair Fund. Funds in the
Vehicle Inspection and Repair Fund, when appropriated by the
Legislature, shall be available to the state board and the Department
of the California Highway Patrol for the conduct of intermittent
roadside inspections of heavy-duty motor vehicles pursuant to this
section.
(i) Following the adoption of regulations pursuant to this
section, the state board may commence inspecting heavy-duty motor
vehicles. With the concurrence of the Department of the California
Highway Patrol, these inspections may be conducted in conjunction
with the safety and weight enforcement activities of the Department
of the California Highway Patrol, or at other locations selected by
the state board or the Department of the California Highway Patrol.
Inspection locations may include private facilities where fleet
vehicles are serviced or maintained. The state board and the
Department of the California Highway Patrol may conduct these
inspections either cooperatively or independently, and the state
board may contract for assistance in the conduct of these
inspections.
(j) The state board shall inform the Department of the California
Highway Patrol whenever a vehicle owner cited pursuant to this
section fails to take a required corrective action or to pay a civil
penalty levied pursuant to subdivisions (h) and (k) in a timely
manner. Following notice and opportunity for an administrative
hearing pursuant to subdivision (n), the state board may request the
Department of the California Highway Patrol to remove the vehicle
from service and order the vehicle to be stored. Upon notification
from the state board of payment of any civil penalties imposed under
subdivision (h) and storage and related charges, the vehicle shall be
released to the owner or designee. Upon release of the vehicle, the
owner or designee shall correct every deficiency specified in any
citation to that owner with respect to the vehicle.
(k) In addition to the corrective action required by subdivision
(f), and in addition to the civil penalty imposed by subdivision (h),
the owner of a motor vehicle cited by the state board pursuant to
this section shall pay a civil penalty of three hundred dollars
($300) per citation; except that this penalty shall not apply to the
first citation for any schoolbus. All civil penalties imposed
pursuant to this subdivision shall be collected by the state board
and deposited in the Diesel Emission Reduction Fund, which fund is
hereby created. Funds in the Diesel Emission Reduction Fund, when
appropriated by the Legislature, shall be available to the State
Energy Resources Conservation and Development Commission for
research, development, and demonstration programs undertaken pursuant
to Section 25617 of the Public Resources Code.
(l) The state board shall adopt regulations that afford an owner
cited under this section an opportunity for an administrative hearing
consistent with, but not limited to, all of the following: (1) any
owner cited under this section may request an administrative hearing
within 45 days following either personal receipt or certified mail
receipt of the citation; (2) if the owner fails to request an
administrative hearing within 45 days, the citation shall be deemed a
final order and not subject to review by any court or agency; (3) if
the owner requests an administrative hearing and fails to seek
review by administrative mandamus pursuant to Section 1094.5 of the
Code of Civil Procedure within 60 days after the mailing of the
administrative hearing decision, the decision shall be deemed a final
order and not subject to review by any other court or agency; and
(4) the 45-day period may be extended by the administrative hearing
officer for good cause.
(m) Following exhaustion of the review procedures provided for in
subdivision (l), the state board may apply to the Superior Court of
Sacramento County for a judgment in the amount of the civil penalty.
The application, which shall include a certified copy of the final
order of the administrative hearing officer, shall constitute a
sufficient showing to warrant the issuance of the judgment.
44012. The test at the smog check stations shall be performed in
accordance with procedures prescribed by the department and may
require loaded mode dynamometer testing in enhanced areas, two-speed
idle testing, testing utilizing a vehicle's onboard diagnostic
system, or other appropriate test procedures as determined by the
department in consultation with the state board. The department shall
implement testing using onboard diagnostic systems, in lieu of
loaded mode dynamometer or two-speed idle testing, on model year 2000
and newer vehicles only, beginning no earlier than January 1, 2013.
However, the department, in consultation with the state board, may
prescribe alternative test procedures that include loaded mode
dynamometer or two-speed idle testing for vehicles with onboard
diagnostic systems that the department and the state board determine
exhibit operational problems. The department shall ensure, as
appropriate to the test method, the following:
(a) Emission control systems required by state and federal law are
reducing excess emissions in accordance with the standards adopted
pursuant to subdivisions (a) and (c) of Section 44013.
(b) Motor vehicles are preconditioned to ensure representative and
stabilized operation of the vehicle's emission control system.
(c) For other than diesel-powered vehicles, the vehicle's exhaust
emissions of hydrocarbons, carbon monoxide, carbon dioxide, and
oxides of nitrogen in an idle mode or loaded mode are tested in
accordance with procedures prescribed by the department. In
determining how loaded mode and evaporative emissions testing shall
be conducted, the department shall ensure that the emission reduction
targets for the enhanced program are met.
(d) For other than diesel-powered vehicles, the vehicle's fuel
evaporative system and crankcase ventilation system are tested to
reduce any nonexhaust sources of volatile organic compound emissions,
in accordance with procedures prescribed by the department.
(e) For diesel-powered vehicles, a visual inspection is made of
emission control devices and the vehicle's exhaust emissions are
tested in accordance with procedures prescribed by the department,
that may include, but are not limited to, onboard diagnostic testing.
The test may include testing of emissions of any or all of the
pollutants specified in subdivision (c) and, upon the adoption of
applicable standards, measurement of emissions of smoke or
particulates, or both.
(f) A visual or functional check is made of emission control
devices specified by the department, including the catalytic
converter in those instances in which the department determines it to
be necessary to meet the findings of Section 44001. The visual or
functional check shall be performed in accordance with procedures
prescribed by the department.
(g) A determination as to whether the motor vehicle complies with
the emission standards for that vehicle's class and model-year as
prescribed by the department.
(h) An analysis of pass and fail rates of vehicles subject to an
onboard diagnostic test and a tailpipe test to assess whether any
vehicles passing their onboard diagnostic test have, or would have,
failed a tailpipe test, and whether any vehicles failing their
onboard diagnostic test have or would have passed a tailpipe test.
(i) The test procedures may authorize smog check stations to
refuse the testing of a vehicle that would be unsafe to test, or that
cannot physically be inspected, as specified by the department by
regulation. The refusal to test a vehicle for those reasons shall not
excuse or exempt the vehicle from compliance with all applicable
requirements of this chapter.
44012.1. (a) The department shall incorporate a visible smoke test
into the motor vehicle inspection and maintenance program by January
1, 2008. Any visible smoke from the tailpipe or crankcase of a motor
vehicle during an inspection constitutes a failure. Steam from
condensation by itself shall not lead to an inspection failure.
(b) If an owner of a motor vehicle disputes the failure of a
visible smoke test, the owner may seek resolution of the dispute from
the state-designated referee.
(c) The department, in consultation with the state board and
interested parties, shall adopt regulations to implement this
section. No new equipment shall be required to implement the visible
smoke test.
(d) If the implementation of the visible smoke test required by
subdivision (a) requires modification of the Emission Inspection
System software or Vehicle Information Database, that modification
shall be performed as part of the ordinary, periodic upgrade to these
systems.
44013. (a) (1) The department, in cooperation with the state board,
shall prescribe maximum emission standards to be applied in
inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the department shall undertake
studies and experiments which are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles failing
the test specified in Section 44012 will be operated, as soon as
possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
equipment.
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
department shall ensure that not more than 5 percent of the vehicles
or engines, which would otherwise meet the requirements of this part,
will fail the inspection and maintenance test for that class of
vehicle or engine.
44013. (a) (1) The department, in cooperation with the state board,
shall prescribe maximum emission standards to be applied in
inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the department shall undertake
studies and experiments which are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles failing
the test specified in Section 44012 will be operated, as soon as
possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
equipment.
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
department shall ensure that not more than 5 percent of the vehicles
or engines, which would otherwise meet the requirements of this part,
will fail the inspection and maintenance test for that class of
vehicle or engine.
(d) Maximum emission standards established under this section
shall not be adjusted downward based on the installation of an
exhaust device.
(e) This section shall become inoperative five years from the date
determined pursuant to Section 32 of the act adding this
subdivision, and on the January 1 following that date is repealed.
44013. (a) (1) The department, in cooperation with the state board,
shall prescribe maximum emission standards to be applied in
inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the department shall undertake
studies and experiments which are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles failing
the test specified in Section 44012 will be operated, as soon as
possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
equipment.
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
department shall ensure that not more than 5 percent of the vehicles
or engines, which would otherwise meet the requirements of this part,
will fail the inspection and maintenance test for that class of
vehicle or engine.
(d) This section shall become operative five years from the date
determined pursuant to Section 32 of the act adding this section.
44013.5. (a) If the department, in consultation with the state
board, determines that substantial demand for emission retrofit
devices exists, the department shall develop a program for the
certification of emissions retrofit device installations by licensed
installers. The department may require installers of emissions
retrofit devices to be qualified pursuant to this chapter. The
department may assess biennial license fees upon those installers in
an amount not to exceed the reasonable cost of administering the
emissions retrofit device certification program.
(b) The certification shall be performed at a referee or test-only
station and shall be based on a visual inspection of the emissions
retrofit device and its installation, and verification of the proper
operation of any new or modified components that are a part of the
emissions retrofit device, and not on the results of an emissions
test.
(c) The department shall develop a program for the identification
of retrofitted vehicles at smog check stations and for providing
information required for the inspection of those systems to smog
check stations.
(d) This section shall become inoperative pursuant to Section 33
of the act adding this section or, in any case, five years from the
date determined pursuant to Section 32 of the act adding this
section, and on the January 1 following the date upon which this
section becomes inoperative, is repealed.
44014. (a) Except as otherwise provided in this chapter, the
testing and repair portion of the program shall be conducted by smog
check stations licensed by the department, and by smog check
technicians who have qualified pursuant to this chapter.
(b) A smog check station may be licensed by the department as a
smog check test-only station and, when so licensed, need not comply
with the requirement for onsite availability of current service and
adjustment procedures specified in paragraph (3) of subdivision (b)
of Section 44030. A smog check technician employed by a smog check
test-only station shall be qualified in accordance with this section.
(c) (1) The department shall supply a network of referees. A
referee shall have no ownership interest in, or business or economic
interest with, a smog check station. Referees may issue repair cost
waivers, certificates of compliance or noncompliance, and hardship
extensions, in accordance with regulations adopted by the department,
and promote automotive training through community colleges and other
training institutions certified by the department pursuant to
Section 44030.5. Referees shall provide inspection services for
specially constructed vehicles pursuant to Section 44017.4 and
Section 9565 of the Vehicle Code and issue exhaust system
certificates of compliance in accordance with Section 27150.2 of the
Vehicle Code.
(2) The department may adopt regulations to establish
qualification standards and any special administrative, operational,
and licensure standards that the department determines to be
necessary for the provision of referee services.
(3) The department may adopt, by regulation, a process by which
vehicles that present prohibitive or unusual inspection circumstances
are inspected by referees, including, but not limited to, the
inspection of vehicles in which the manufacturer's physical or
operational design presents inspection incompatibilities, vehicles
equipped with emission control configurations that do not match
United States Environmental Protection Agency or state board
certified configurations, including direct import vehicles and
vehicles with engine changes, and vehicles equipped with retrofit
alternative fuel conversion kits.
(4) (A) A referee may charge a fee sufficient to cover the costs
of providing referee services for inspections of specially
constructed vehicles pursuant to Section 44017.4 and Section 9565 of
the Vehicle Code, inspections pursuant to Section 27150.2 of the
Vehicle Code, and other appropriate categories of referee services as
determined by the department. Requirements applicable to the fee,
including its amount, shall be established by the department by
regulation and the amount may be adjusted to reflect changes in the
Consumer Price Index, as published by the United States Bureau of
Labor Statistics. The fee may be collected by either a contracted
referee or by the department, if the department is providing the
referee service.
(B) If the fee is imposed and collected by a contracted referee,
the contracted referee shall deposit the fees collected from the
vehicle owner into a separate trust account that the referee shall
account for and manage in accordance with generally accepted
accounting practices.
(C) If the fee is imposed and collected by the department, the
fees shall be deposited into the Vehicle Inspection and Repair Fund.
(d) A smog check station may also be licensed as a repair-only
station, and if so licensed, may perform repairs to reduce excessive
emissions on vehicles which have failed the smog check test. Repair
procedures and equipment requirements shall be established by the
department. Technicians employed by a smog check repair-only station
shall be qualified in accordance with this section.
(e) Smog check technicians are qualified to test and repair only
those classes and categories of vehicles for which they have passed a
qualification test administered by the department. The department
shall provide for smog check technicians to be qualified for
different categories of motor vehicle inspection based on vehicle
classification and model-year.
(f) The consumer protection-oriented quality assurance portion of
the program, including the provision of referee services, may be
conducted by one or more private entities pursuant to contracts with
the department.
44014.2. (a) The department shall develop a program for the
voluntary certification of licensed smog check stations, or the
department may accept a smog check station certification program
proposed by accredited industry representatives. The certification
program, which may be called a "gold shield" program, shall be for
the purpose of providing consumers, whose vehicles fail an emissions
test at a test-only facility, an option of services at a single
location to prevent the necessity for additional trips back to the
test-only facility for vehicle certification. The department shall
establish inspection-based performance standards consistent with
Section 44014.6 for stations certified under this program that the
stations would be required to meet to be eligible to issue
certificates of compliance or noncompliance for vehicles selected
pursuant to Sections 44010.5 and 44014.7, or vehicles identified by
the department as gross polluters.
(b) The department shall adopt regulations that apply to all
enhanced areas of the state, including those areas subject to the
enhanced program pursuant to Section 44003.5, that permit both of the
following:
(1) Any vehicle that fails a required smog test at a test-only
facility may be repaired, retested, and certified at a facility
licensed pursuant to Section 44014, and certified pursuant to
subdivision (a).
(2) Any vehicle that is identified as a gross polluter may be
repaired, retested, and certified at a facility licensed pursuant to
Section 44014, and certified pursuant to subdivision (a).
(c) Smog check stations that seek voluntary certification under
this section shall enter into an agreement with the department to
provide repair services pursuant to Section 44062.1.
(d) An agreement made pursuant to this section shall not be deemed
to be a contract subject to the requirements of Part 2 (commencing
with Section 10100) of Division 2 of the Public Contract Code.
44014.4. (a) A licensed smog check station that has been certified
pursuant to Section 44014.2 may advertise that fact, and the
advertisement may include the scope of work established by the
program.
(b) It is an unfair business practice and a violation of Section
17500 of the Business and Professions Code for any licensed smog
check station that is not so certified to advertise as having
obtained certification or as complying with the scope of work, code
of ethics, or certification standards established by the
certification program.
44014.5. (a) The enhanced program shall provide for the testing and
retesting of vehicles in accordance with Sections 44010.5 and
44014.2 and this section.
(b) The repair of vehicles at test-only facilities is prohibited,
except that the minor repair of components damaged by station
personnel during inspection at the station, any minor repair that is
necessary for the safe operation of a vehicle while at a station, or
other minor repairs, such as the reconnection of hoses or vacuum
lines, may be undertaken at no charge to the vehicle owner or
operator if authorized in advance in writing by the department.
(c) The department shall make available to consumers of test-only
facilities a list, compiled by region, of smog check stations
licensed to make repairs of vehicular emission control systems. A
test-only facility shall not refer a vehicle owner to any particular
provider of vehicle repair services in which the test-only facility
has a financial interest.
(d) (1) The department shall establish standards for training,
equipment, performance, or data collection for test-only facilities.
(2) (A) The department shall establish inspection-based
performance standards consistent with Section 44014.6 that test-only
stations would be required to meet to be eligible to issue
certificates of compliance or noncompliance for vehicles selected
pursuant to Section 44010.5 or 44014.7, or vehicles identified by the
department as gross polluters. Failure at any time to meet these
standards shall result in suspension of the certification to test
these vehicles granted by the department. A test-only station not
meeting the performance standards may continue to issue certificates
of compliance and noncompliance for other vehicles. The department
shall adopt measures to ensure the requirements of this subparagraph
are met, including through the use of the computer database and
computer network authorized by Section 44037.1.
(B) The department shall provide the test-only station with
written or electronic notice, prior to the suspension pursuant to
subparagraph (A). The notice shall specify the grounds for the
suspension and provide that the station within five days of receipt
of the notice may request a hearing before the chief of the bureau or
his or her designee to contest the suspension. The request for
hearing shall be in writing or shall be made electronically. Receipt
of this hearing request shall stay the suspension pending the outcome
of the hearing. If a request for hearing is not made, the chief of
the bureau shall issue a final written decision of suspension within
10 days of the last date that a hearing could have been requested.
(C) The hearing conducted by the chief of the bureau or his or her
designee shall be held not later than 10 days from the date that the
request for a hearing is received by the chief of the bureau. The
hearing requirements of Section 44072 shall not apply. The chief of
the bureau shall render a written decision within 10 days of the
hearing. The decision may rescind the suspension, affirm the
suspension, or order any other appropriate action. Administrative
review, before an administrative law judge, of the decision of the
chief of the bureau may be sought within 30 days of the date of the
decision.
(D) The department may adopt regulations to implement this
paragraph.
(e) The department shall prohibit test-only facilities from
engaging in other business activities that represent a conflict of
interest, as determined by the department. Upon implementation of the
performance standards described in paragraph (2) of subdivision (d),
ownership of a test-and-repair station by an owner of a test-only
facility shall not be considered a conflict of interest.
(f) The test-only facility may charge a fee, established by the
department, sufficient to cover the facility's cost to perform the
tests or services, including, but not limited to, referee services
and the issuance of waivers and hardship extensions required by this
chapter. In addition, the station shall charge and collect the
certificate fee established pursuant to Section 44060. This
subdivision shall apply only to facilities contracted for pursuant to
subdivision (e) of Section 44010.5.
(g) The department shall ensure that there is a sufficient number
of test-only facilities to provide convenient testing for the
following vehicles:
(1) All vehicles identified and confirmed as gross polluters
pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2) (A) Vehicles initially identified as gross polluters by a smog
check station licensed as a test-and-repair station may be issued a
certificate of compliance by a test-only facility or by a licensed
smog check station certified pursuant to Section 44014.2.
(B) For purposes of this section, the department shall implement a
program that allows vehicles initially identified as gross polluters
to be repaired and issued a certificate of compliance by a facility
licensed and certified pursuant to Section 44014.2.
(3) All vehicles designated by the department pursuant to Sections
44014.7 and 44020.
(4) Vehicles issued an economic hardship extension in the previous
biennial inspection of the vehicle.
(h) The department shall provide a sufficient number of test-only
facilities authorized to perform referee functions to provide
convenient testing for those vehicles that are required to report to,
and receive a certificate of compliance from, a test-only facility
by this chapter, including all of the following:
(1) All vehicles seeking to utilize state-operated financial
assistance or inclusion in authorized scrap programs.
(2) All vehicles unable to obtain a certificate of compliance from
a licensed smog check station pursuant to subdivision (c) of Section
44015.
(3) Any other vehicles that may be designated by the department.
(i) Gross polluters shall be referred to a test-only facility, or
a test-and-repair station that is both licensed and certified
pursuant to Sections 44014 and 44014.2, for a postrepair inspection
and retest pursuant to subdivision (g). Passing the emissions test is
not a sufficient condition for receiving a certificate of
compliance. A certificate of compliance shall only be issued to a
vehicle that does not have any defects with its emission control
system or any defects that could lead to damage of its emission
control system, as provided in regulations adopted by the department.
44014.6. (a) The inspection-based performance standards created for
the certification program established pursuant to subdivision (a) of
Section 44014.2 and subdivision (d) of Section 44014.5 shall be
based on the same criteria.
(b) The performance standards described in subdivision (a) shall
be applied to smog check technicians licensed pursuant to this
chapter, if the department determines that is feasible.
(c) Beginning no later than January 1, 2012, the department shall
provide to all licensed smog check stations and technicians, if
technicians are included pursuant to subdivision (b), a preliminary
report on the station's and the technician's performance applying the
performance standards. The preliminary report shall include the
criteria that is the basis of the performance standards and an
assessment of the station's and the technician's potential
eligibility to issue certificates of compliance or noncompliance for
vehicles selected pursuant to Sections 44010.5 and 44014.7, or
vehicles identified by the department as gross polluters.
44014.7. (a) The department shall require 2 percent of the vehicles
required to obtain a certificate of compliance each year in enhanced
program areas to receive their certificate from a test-only
facility.
(b) The department may require a number not to exceed 2 percent of
the vehicles required to obtain a certificate of compliance each
year in basic program areas to receive their certificate from a
test-only facility.
(c) The vehicles specified in subdivisions (a) and (b) shall be
selected at random. The vehicles may be included among the vehicles
subject to subdivision (d) of Section 44010.5, to the extent that the
vehicles are registered in enhanced program areas. The review
committee may review the selection process to ensure that it is a
statistically significant representation of the vehicles subject to
the basic and enhanced programs. The department shall select the
vehicles and the Department of Motor Vehicles shall notify the owners
of their obligation under this section pursuant to Section 4000.3 of
the Vehicle Code. Selection shall be made from vehicles in an area
where a test-only facility is located.
44015. (a) A licensed smog check station shall not issue a
certificate of compliance, except as authorized by this chapter, to
any vehicle that meets the following criteria:
(1) A vehicle that has been tampered with.
(2) A vehicle identified pursuant to subparagraph (K) of paragraph
(3) of subdivision (b) of Section 44036. A vehicle identified
pursuant to subparagraph (K) of paragraph (3) of subdivision (b) of
Section 44036 shall be directed to the department to determine
whether an inadvertent error can explain the irregularity, or whether
the vehicle otherwise meets smog check requirements, allowing the
certificate for compliance to be issued, or the vehicle shall be
reinspected by a referee or another smog check station.
(3) A vehicle that, prior to repairs, has been initially
identified by the smog check station as a gross polluter.
Certification of a gross polluting vehicle shall be conducted by a
designated test-only facility, or a test-and-repair station that is
both licensed and certified pursuant to Sections 44014 and 44014.2.
(4) A vehicle described in subdivision (c).
(b) If a vehicle meets the requirements of Section 44012, a smog
check station licensed to issue certificates shall issue a
certificate of compliance or a certificate of noncompliance.
(c) (1) A repair cost waiver shall be issued, upon request of the
vehicle owner, by an entity authorized to perform referee functions
for a vehicle that has been properly tested but does not meet the
applicable emission standards when it is determined that no
adjustment or repair can be made that will reduce emissions from the
inspected motor vehicle without exceeding the applicable repair cost
limit established under Section 44017 and that every defect specified
by paragraph (2) of subdivision (a) of Section 43204, and by
paragraphs (2) and (3) of subdivision (a) of Section 43205, has been
corrected. A repair cost waiver issued pursuant to this paragraph
shall be accepted in lieu of a certificate of compliance for the
purposes of compliance with Section 4000.3 of the Vehicle Code. No
repair cost waiver shall exceed two years' duration. No repair cost
waiver shall be issued until the vehicle owner has expended an amount
equal to the applicable repair cost limit specified in Section
44017.
(2) An economic hardship extension shall be issued, upon request
of a qualified low-income motor vehicle owner, by an entity
authorized to perform referee functions, for a motor vehicle that has
been properly tested but does not meet the applicable emission
standards when it is determined that no adjustment or repair can be
made that will reduce emissions from the inspected motor vehicle
without exceeding the applicable repair cost limit, as established
pursuant to Section 44017.1, that every defect specified in paragraph
(2) of subdivision (a) of Section 43204, and in paragraphs (2) and
(3) of subdivision (a) of Section 43205, has been corrected, that the
low-income vehicle owner would suffer an economic hardship if the
extension is not issued, and that all appropriate emissions-related
repairs up to the amount of the applicable repair cost limit in
Section 44017.1 have been performed.
(d) No repair cost waiver or economic hardship extension shall be
issued under any of the following circumstances:
(1) If a motor vehicle was issued a repair cost waiver or economic
hardship extension in the previous biennial inspection of that
vehicle. A repair cost waiver or economic hardship extension may be
issued to a motor vehicle owner only once for a particular motor
vehicle belonging to that owner. However, a repair cost waiver or
economic hardship extension may be issued for a motor vehicle that
participated in a previous waiver or extension program prior to
January 1, 1998, as determined by the department. For waivers or
extensions issued in the program operative on or after January 1,
1998, a waiver or extension may be issued for a motor vehicle only
once per owner.
(2) Upon initial registration of all of the following:
(A) A direct import motor vehicle.
(B) A motor vehicle previously registered outside this state.
(C) A dismantled motor vehicle pursuant to Section 11519 of the
Vehicle Code.
(D) A motor vehicle that has had an engine change.
(E) An alternate fuel vehicle.
(F) A specially constructed vehicle.
(e) Except as provided in subdivision (f), a certificate of
compliance or noncompliance shall be valid for 90 days.
(f) Excluding any vehicle whose transfer of ownership and
registration is described in subdivision (d) of Section 4000.1 of the
Vehicle Code, and except as otherwise provided in Sections 4000.1,
24007, 24007.5, and 24007.6 of the Vehicle Code, a licensed motor
vehicle dealer shall be responsible for having a smog check
inspection performed on, and a certificate of compliance or
noncompliance issued for, every motor vehicle offered for retail
sale. A certificate issued to a licensed motor vehicle dealer shall
be valid for a two-year period, or until the vehicle is sold and
registered to a retail buyer, whichever occurs first.
(g) A test may be made at any time within 90 days prior to the
date otherwise required.
44015.5. (a) A certificate of compliance shall not be issued to any
new motor vehicle or motor vehicle with a new motor vehicle engine
which is not certified by the state board, and which is the subject
of a transaction prohibited by Section 43152 or 43153.
(b) With respect to a new motor vehicle or motor vehicle with a
new motor vehicle engine not certified by the state board which is in
violation of Article 1.5 (commencing with Section 43150) of Chapter
2, but which is not the subject of a transaction prohibited by
Section 43152 or 43153, a certificate of noncompliance shall be
issued. The certificate of noncompliance shall indicate the basis for
nonconformity and the data shall be sent to the state board.
44016. The department shall, with the cooperation of the state
board and after consultation with the motor vehicle manufacturers and
representatives of the service industry, research, establish, and
update as necessary, specifications and procedures for motor vehicle
maintenance and tuneup procedures and for repair of motor vehicle
pollution control devices and systems. Licensed repair stations and
qualified mechanics shall perform all repairs in accordance with
specifications and procedures so established.
44017. (a) Except as otherwise provided in this section or Section
44017.1, a motor vehicle owner shall qualify for a repair cost waiver
only after expenditure of not less than four hundred fifty dollars
($450) for repairs, including parts and labor.
(b) The limit established pursuant to subdivision (a) shall not
become operative until the department issues a public notice
declaring that the program established pursuant to Section 44010.5 is
operational in the relevant geographical areas of the state, or
until the date that testing in those geographic areas is operative
using loaded mode test equipment, as defined in this article,
whichever occurs first. Prior to that time, the following cost limits
shall remain in effect:
(1) For motor vehicles of 1971 and earlier model years, fifty
dollars ($50).
(2) For motor vehicles of 1972 to 1974, inclusive, model years,
ninety dollars ($90).
(3) For motor vehicles of 1975 to 1979, inclusive, model years,
one hundred twenty-five dollars ($125).
(4) For motor vehicles of 1980 to 1989, inclusive, model years,
one hundred seventy-five dollars ($175).
(5) For motor vehicles of 1990 to 1995, inclusive, model years,
three hundred dollars ($300).
(6) For motor vehicles of 1996 and later model years, four hundred
fifty dollars ($450).
(c) The department shall periodically revise the repair cost
limits specified in subdivisions (a) and (b) in accordance with
changes in the Consumer Price Index, as published by the United
States Bureau of Labor Statistics.
(d) No repair cost limit shall be imposed in those cases where
emissions control equipment is missing or is partially or totally
inoperative as a result of being tampered with.
(e) (1) No repair cost waiver shall be issued where a motor
vehicle has failed the visible smoke test created by the department
pursuant to Section 44012.1, unless paragraph (2) applies, or the
vehicle is owned by a low-income person, as defined in Section
44062.1 in which case the repair cost limit applicable pursuant to
subdivision (b) of Section 44017.1 shall apply.
(2) By January 1, 2008, the department shall adopt regulations
allowing a repair cost waiver, with the repair cost limit specified
in subdivision (a), where a motor vehicle has failed the visible
smoke test component of a smog check inspection, for individuals
under economic hardship but who do not meet the definition of
low-income person, as defined in Section 44062.1. The regulations
shall make eligible for the waiver those individuals whose household
means fall below the level necessary to achieve a modest standard of
living without assistance from public programs. The department shall
consult authoritative information sources including, but not limited
to, the United States Census Bureau, the Department of Finance, and
the California Budget Project.
44017.1. (a) For purposes of this section, "low-income motor
vehicle owner" means a person whose income does not exceed 185
percent of the federal poverty level.
(b) Notwithstanding subdivision (a) of Section 44017, for
low-income motor vehicle owners qualified under Section 44062.1, the
repair cost limit, including parts and labor, shall be two hundred
fifty dollars ($250) in all areas where the program operates.
However, the department may decrease that amount, to not more than
two hundred dollars ($200), if the department determines that
participation rates are unsatisfactory.
(c) Until such time as a repair assistance program becomes
effective pursuant to Section 44062.1, an economic hardship extension
shall be issued upon request to a qualified low-income motor vehicle
owner whose motor vehicle has been tested but does not meet
applicable emissions standards and the necessary repairs exceed the
repair cost limit specified in subdivision (b).
44017.3. (a) The department shall provide a licensed smog check
station with a sign informing customers about options when their
vehicle fails a biennial smog check inspection, including, but not
limited to, the option for qualified consumers to retire vehicles,
receive repair assistance, or obtain repair cost waivers. The sign
shall include the department's means of contact, including, but not
limited to, its telephone number and Internet Web site. This sign
shall be posted conspicuously in an area frequented by customers. The
sign shall be required in all licensed smog check stations.
(b) In stations where licensed smog check technician repairs are
not performed, the station shall have posted conspicuously in an area
frequented by customers a statement that repair technicians are not
available and repairs are not performed.
44017.4. (a) Upon registration with the Department of Motor
Vehicles, a passenger vehicle or pickup truck that is a specially
constructed vehicle, as defined in Section 580 of the Vehicle Code,
shall be inspected by stations authorized to perform referee
functions. This inspection shall be for the purposes of determining
the engine model-year used in the vehicle or the vehicle model-year,
and the emission control system application. The owner shall have the
option to choose whether the inspection is based on the engine
model-year used in the vehicle or the vehicle model-year.
(1) In determining the engine model-year, the referee shall
compare the engine to engines of the era that the engine most closely
resembles. The referee shall assign the 1960 model-year to the
engine in any specially constructed vehicle that does not
sufficiently resemble a previously manufactured engine. The referee
shall require only those emission control systems that are applicable
to the established engine model-year and that the engine reasonably
accommodates in its present form.
(2) In determining the vehicle model-year, the referee shall
compare the vehicle to vehicles of the era that the vehicle most
closely resembles. The referee shall assign the 1960 model-year to
any specially constructed vehicle that does not sufficiently resemble
a previously manufactured vehicle. The referee shall require only
those emission control systems that are applicable to the established
model-year and that the vehicle reasonably accommodates in its
present form.
(b) Upon the completion of the inspection, the referee shall affix
a tamper-resistant label to the vehicle and issue a certificate that
establishes the engine model-year or the vehicle model-year, and the
emission control system application.
(c) The Department of Motor Vehicles shall annually pro
44010. The motor vehicle inspection program shall provide for
privately operated stations which shall be referred to as smog check
stations and are authorized pursuant to Section 44015 to issue
certificates of compliance or noncompliance to vehicles which meet
the requirements of this chapter.
44010.5. (a) The department shall implement a program with the
capacity to commence, by January 1, 1995, the testing at test-only
facilities, in accordance with this chapter, of 15 percent of that
portion of the total state vehicle fleet consisting of vehicles
subject to inspection each year in the biennial program and that are
registered in the enhanced program area, as established pursuant to
paragraph (1) of subdivision (a) of Section 44003.
(b) (1) The department shall increase the capacity of the program
so that the capacity exists to commence, by January 1, 1996, the
testing at test-only facilities of that portion of the state vehicle
fleet that is subject to inspection and is registered in the enhanced
program area, which is sufficient to meet the emission reduction
performance standards established by the United States Environmental
Protection Agency in regulations adopted pursuant to the Clean Air
Act Amendments of 1990, taking into account the results of the pilot
demonstration program established pursuant to Section 44081.6.
(2) Upon increasing the capacity of the program pursuant to
paragraph (1), the department shall afford smog check stations that
are licensed and certified pursuant to Sections 44014 and 44014.2 the
initial opportunity to perform the required inspections. The
department shall adopt, by regulation, the requirements to provide
that initial opportunity.
(3) If the department determines that there is an insufficient
number of licensed test-only smog check stations operating in an
enhanced area to meet the increased demand for test-only inspections,
the department may increase the capacity of the program by utilizing
existing contracts.
(c) The program shall utilize the testing procedures described in
Section 44012. Vehicles selected for testing pursuant to this section
shall include vehicles equipped without second generation onboard
diagnostic systems (OBD II) and vehicles with emission problems that
may not be adequately detected by the vehicle's OBD II, as determined
by the department in consultation with the state board. The
department, in consultation with the state board, may also select for
testing pursuant to this section any other vehicles necessary in
order to meet the requirement described in paragraph (1) of
subdivision (b).
(d) Vehicles that are not diesel-powered in the enhanced program
area which are not subjected to the program established by this
section may be tested at smog check stations licensed pursuant to
Section 44014 that use loaded mode dynamometers. Diesel-powered
vehicles in the enhanced program area that are not subjected to the
program established by this section may be tested at smog check
stations licensed pursuant to Section 44014 using appropriate testing
procedures as determined by the department.
(e) (1) The department may implement the program established
pursuant to subdivision (a) through a network of privately operated
test-only facilities established pursuant to contracts to be awarded
pursuant to this section.
(2) The initial contracts awarded pursuant to this section shall
terminate not later than seven years from the date that the contracts
were executed.
(f) No person shall be a contractor of the department for
test-only facilities in all air basins, exclusively, where the
enhanced program is in effect unless the department determines, after
a public hearing, that there is not more than one qualified
contractor. The South Coast Air Basin shall have at least two
contractors, and the combined enhanced program area that includes
Bakersfield, Fresno, and Sacramento shall have at least two
contractors. The department may operate test-only facilities on an
interim basis while contractors are being sought.
(g) (1) In awarding contracts under this section, the department
shall request bids through the issuance of a request for proposal.
(2) The department shall first determine which bidders are
qualified, and then award the contract to the qualified bidder,
giving priority to the test cost and convenience to motorists.
(3) The department shall provide a contractual preference, as
determined by the department, not to exceed 10 percent of the total
proposal evaluation score, based on the following factors:
(A) Up to 5 percent to bidders providing firm commitments to
employ businesses that are licensed or otherwise substantially
participating in the smog check program after January 1, 1994.
(B) Up to 5 percent to bidders based on the extent to which
bidders maximize the potential economic benefit of the smog check
program on this state over the term of the contract. That potential
economic benefit shall include the percentage of work performed by
California-based firms, the potential of the total project workforce
who will be California residents, and the percentage of subcontracts
that will be awarded to California-based firms.
(4) Any contract executed by the department for the operation of a
test-only facility shall expressly require compliance with this
chapter and any regulations adopted by the department pursuant to
this chapter.
(h) The department shall ensure that there is a sufficient number
of test-only facilities, and that they are properly located, to
ensure reasonable accessibility and convenience to all persons within
an enhanced program area, and that the waiting time for consumers is
minimized. The department may operate test-only facilities on an
interim basis to ensure convenience to consumers. The department
shall specify in the request for proposal the minimum number of
test-only facilities that are required for the program. Any contracts
initially awarded pursuant to this section shall ensure that the
contractors are capable of fulfilling the requirements of subdivision
(a).
(i) Any data generated at a test-only facility shall be the
property of the state, and shall be fully accessible to the
department at any time. The department may set contract
specifications for the storage of that data in a central data storage
system or facility designated by the department.
(j) The department shall ensure an effective transition to the new
program by implementing an effective public education program and
may specify in the request for proposal a dollar amount that bidders
are required to include in their bids for public education
activities, to be implemented pursuant to Section 44070.5.
(k) The department shall ensure the effective management of the
test-only facilities and shall specify in the request for proposal
that a manager be present during all hours of station operation.
(l) The department shall ensure and facilitate the effective
transition of employees of businesses that are licensed or otherwise
substantially participating in the smog check program and may specify
in the request for proposal that test-only facility management be
Automotive Service Excellence (ASE) certified, or be certified by a
comparable program as determined by the department.
(m) As part of the contracts to be awarded pursuant to subdivision
(e), the department may require contractors to perform functions
previously undertaken by referee stations throughout the state, as
determined by the department, at some or all of the affected stations
in enhanced areas, and at additional stations outside enhanced areas
only to the extent necessary to provide appropriate access to
referee functions.
(n) Notwithstanding any other provision of law, to avoid delays to
the program implementation timeline required by this chapter or the
Clean Air Act, the Department of General Services, at the request of
the department, may exempt contracts awarded pursuant to this section
from existing laws, rules, resolutions, or procedures that are
otherwise applicable, including, but not limited to, restrictions on
awarding contracts for more than three years. The department shall
identify any exemptions requested and granted pursuant to this
subdivision and report thereon to the Legislature.
(o) The department shall implement the program established in this
section only in urbanized areas classified by the United States
Environmental Protection Agency as a serious, severe, or extreme
nonattainment area for ozone or a moderate or serious nonattainment
area for carbon monoxide with a design value greater than 12.7 ppm,
and shall not implement the program in any other area.
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 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 (B), all motor vehicles
four or less model-years old.
(B) 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(c) 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.
(C) 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 (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) 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.
(B) 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.
(C) 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.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
(c) 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.
44011.1. For purposes of Section 44011, the term "registered within
an area designated for program coverage" includes any vehicle
registered pursuant to the Vehicle Code in this state when the
registered owner's mailing or residence address is not located within
this state, or when the address at which the vehicle is garaged is
not located within this state.
44011.3. Every motor vehicle that is subject to testing pursuant to
this chapter may be pretested. As used in this section, a pretest is
a smog inspection in which the motor vehicle is submitted to some or
all of the required elements of the emissions inspection as
specified in Section 44012, the results of which will not be reported
to the Department of Motor Vehicles and for which a certificate will
not be issued. A person choosing to have his or her vehicle
pretested has the right to have a complete pretest of the vehicle
unless the person requests a partial pretest. If the person requests
a partial pretest, the licensed technician or an authorized
representative of the licensed smog check station shall inform the
vehicle owner that the partial pretest may not indicate the
likelihood of the vehicle passing a subsequent official inspection.
44011.5. 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.
44011.6. (a) The use of a heavy-duty motor vehicle that emits
excessive smoke is prohibited.
(b) (1) As expeditiously as possible, the state board shall
develop a test procedure for the detection of excessive smoke
emissions from heavy-duty diesel motor vehicles that is feasible for
use in an intermittent roadside inspection program. During the
development of the test procedure, the state board shall cooperate
with the Department of the California Highway Patrol in conducting
roadside inspections.
(2) The state board may also specify visual or functional
inspection procedures to determine the presence of tampering or
defective emissions control systems in heavy-duty diesel or
heavy-duty gasoline motor vehicles. However, visual or functional
inspection procedures for heavy-duty gasoline motor vehicles shall
not be more stringent than those prescribed for heavy-duty gasoline
motor vehicles subject to biennial inspection pursuant to Section
44013.
(3) The chairperson of the state board shall appoint an ad hoc
advisory committee that shall include, but not be limited to,
representatives of heavy-duty engine manufacturers, carriers of
property for compensation using heavy-duty gasoline or heavy-duty
diesel motor vehicles, and the Department of the California Highway
Patrol. The advisory committee shall cooperate with the state board
to develop a test procedure pursuant to this subdivision and shall
advise the state board in developing regulations to implement test
procedures and inspection of heavy-duty commercial motor vehicles.
(c) Any smoke testing procedures or smoke measuring equipment,
including any meter that measures smoke opacity or density and any
recorder that stores or records smoke opacity or density
measurements, used to test for compliance with this section and
regulations adopted pursuant to this section, shall produce
consistent and repeatable results. The requirements of this
subdivision shall be satisfied by the adoption of Society of
Automotive Engineers recommended practice J 1667, "Snap-Acceleration
Smoke Test Procedures for Heavy-Duty Diesel Powered Vehicles."
(d) (1) The smoke test standards and procedures adopted and
implemented pursuant to this section shall be designed to ensure that
no engine will fail the smoke test standards and procedures when the
engine is in good operating condition and is adjusted to the
manufacturer's specifications.
(2) In implementing this section, the state board shall adopt
regulations that ensure that there will be no false failures or that
ensure that the state board will remedy any false failures without
any penalty to the vehicle owner.
(e) The state board shall enforce the prohibition against the use
of heavy-duty motor vehicles that are determined to have excessive
smoke emissions and shall enforce any regulation prohibiting the use
of a heavy-duty motor vehicle determined to have other
emissions-related defects, using the test procedure established
pursuant to this section.
(f) The state board may issue a citation to the owner or operator
for any vehicle in violation of this section. The regulations may
require the operator of a vehicle to submit to a test procedure
adopted pursuant to subdivision (b) and this subdivision, and may
specify that refusal to so submit is an admission constituting proof
of a violation, and shall require that, when a citation has been
issued, the owner of a vehicle in violation of the regulations shall,
within 45 days, correct every deficiency specified in the citation.
(g) The department may develop criteria for one or more classes of
smog check stations capable of determining compliance with
regulations adopted pursuant to this section and may authorize those
stations to issue certificates of compliance to vehicles in
compliance with the regulations. The department may contract for the
operation of smog check stations for heavy-duty motor vehicles
pursuant to this subdivision, and only heavy-duty motor vehicles may
be inspected at those stations.
(h) In addition to the corrective action required by this section,
the owner of a motor vehicle in violation of this section is subject
to a civil penalty of not more than one thousand five hundred
dollars ($1,500) per day for each day that the vehicle is in
violation. The state board may adopt a schedule of reduced civil
penalties to be applied in cases where violations are corrected in an
expeditious manner. However, the schedule of reduced civil penalties
shall not apply where there have been repeated incidents of
emissions control system tampering. All civil penalties imposed
pursuant to this subdivision shall be collected by the state board
and deposited in the Vehicle Inspection and Repair Fund. Funds in the
Vehicle Inspection and Repair Fund, when appropriated by the
Legislature, shall be available to the state board and the Department
of the California Highway Patrol for the conduct of intermittent
roadside inspections of heavy-duty motor vehicles pursuant to this
section.
(i) Following the adoption of regulations pursuant to this
section, the state board may commence inspecting heavy-duty motor
vehicles. With the concurrence of the Department of the California
Highway Patrol, these inspections may be conducted in conjunction
with the safety and weight enforcement activities of the Department
of the California Highway Patrol, or at other locations selected by
the state board or the Department of the California Highway Patrol.
Inspection locations may include private facilities where fleet
vehicles are serviced or maintained. The state board and the
Department of the California Highway Patrol may conduct these
inspections either cooperatively or independently, and the state
board may contract for assistance in the conduct of these
inspections.
(j) The state board shall inform the Department of the California
Highway Patrol whenever a vehicle owner cited pursuant to this
section fails to take a required corrective action or to pay a civil
penalty levied pursuant to subdivisions (h) and (k) in a timely
manner. Following notice and opportunity for an administrative
hearing pursuant to subdivision (n), the state board may request the
Department of the California Highway Patrol to remove the vehicle
from service and order the vehicle to be stored. Upon notification
from the state board of payment of any civil penalties imposed under
subdivision (h) and storage and related charges, the vehicle shall be
released to the owner or designee. Upon release of the vehicle, the
owner or designee shall correct every deficiency specified in any
citation to that owner with respect to the vehicle.
(k) In addition to the corrective action required by subdivision
(f), and in addition to the civil penalty imposed by subdivision (h),
the owner of a motor vehicle cited by the state board pursuant to
this section shall pay a civil penalty of three hundred dollars
($300) per citation; except that this penalty shall not apply to the
first citation for any schoolbus. All civil penalties imposed
pursuant to this subdivision shall be collected by the state board
and deposited in the Diesel Emission Reduction Fund, which fund is
hereby created. Funds in the Diesel Emission Reduction Fund, when
appropriated by the Legislature, shall be available to the State
Energy Resources Conservation and Development Commission for
research, development, and demonstration programs undertaken pursuant
to Section 25617 of the Public Resources Code.
(l) The state board shall adopt regulations that afford an owner
cited under this section an opportunity for an administrative hearing
consistent with, but not limited to, all of the following: (1) any
owner cited under this section may request an administrative hearing
within 45 days following either personal receipt or certified mail
receipt of the citation; (2) if the owner fails to request an
administrative hearing within 45 days, the citation shall be deemed a
final order and not subject to review by any court or agency; (3) if
the owner requests an administrative hearing and fails to seek
review by administrative mandamus pursuant to Section 1094.5 of the
Code of Civil Procedure within 60 days after the mailing of the
administrative hearing decision, the decision shall be deemed a final
order and not subject to review by any other court or agency; and
(4) the 45-day period may be extended by the administrative hearing
officer for good cause.
(m) Following exhaustion of the review procedures provided for in
subdivision (l), the state board may apply to the Superior Court of
Sacramento County for a judgment in the amount of the civil penalty.
The application, which shall include a certified copy of the final
order of the administrative hearing officer, shall constitute a
sufficient showing to warrant the issuance of the judgment.
44012. The test at the smog check stations shall be performed in
accordance with procedures prescribed by the department and may
require loaded mode dynamometer testing in enhanced areas, two-speed
idle testing, testing utilizing a vehicle's onboard diagnostic
system, or other appropriate test procedures as determined by the
department in consultation with the state board. The department shall
implement testing using onboard diagnostic systems, in lieu of
loaded mode dynamometer or two-speed idle testing, on model year 2000
and newer vehicles only, beginning no earlier than January 1, 2013.
However, the department, in consultation with the state board, may
prescribe alternative test procedures that include loaded mode
dynamometer or two-speed idle testing for vehicles with onboard
diagnostic systems that the department and the state board determine
exhibit operational problems. The department shall ensure, as
appropriate to the test method, the following:
(a) Emission control systems required by state and federal law are
reducing excess emissions in accordance with the standards adopted
pursuant to subdivisions (a) and (c) of Section 44013.
(b) Motor vehicles are preconditioned to ensure representative and
stabilized operation of the vehicle's emission control system.
(c) For other than diesel-powered vehicles, the vehicle's exhaust
emissions of hydrocarbons, carbon monoxide, carbon dioxide, and
oxides of nitrogen in an idle mode or loaded mode are tested in
accordance with procedures prescribed by the department. In
determining how loaded mode and evaporative emissions testing shall
be conducted, the department shall ensure that the emission reduction
targets for the enhanced program are met.
(d) For other than diesel-powered vehicles, the vehicle's fuel
evaporative system and crankcase ventilation system are tested to
reduce any nonexhaust sources of volatile organic compound emissions,
in accordance with procedures prescribed by the department.
(e) For diesel-powered vehicles, a visual inspection is made of
emission control devices and the vehicle's exhaust emissions are
tested in accordance with procedures prescribed by the department,
that may include, but are not limited to, onboard diagnostic testing.
The test may include testing of emissions of any or all of the
pollutants specified in subdivision (c) and, upon the adoption of
applicable standards, measurement of emissions of smoke or
particulates, or both.
(f) A visual or functional check is made of emission control
devices specified by the department, including the catalytic
converter in those instances in which the department determines it to
be necessary to meet the findings of Section 44001. The visual or
functional check shall be performed in accordance with procedures
prescribed by the department.
(g) A determination as to whether the motor vehicle complies with
the emission standards for that vehicle's class and model-year as
prescribed by the department.
(h) An analysis of pass and fail rates of vehicles subject to an
onboard diagnostic test and a tailpipe test to assess whether any
vehicles passing their onboard diagnostic test have, or would have,
failed a tailpipe test, and whether any vehicles failing their
onboard diagnostic test have or would have passed a tailpipe test.
(i) The test procedures may authorize smog check stations to
refuse the testing of a vehicle that would be unsafe to test, or that
cannot physically be inspected, as specified by the department by
regulation. The refusal to test a vehicle for those reasons shall not
excuse or exempt the vehicle from compliance with all applicable
requirements of this chapter.
44012.1. (a) The department shall incorporate a visible smoke test
into the motor vehicle inspection and maintenance program by January
1, 2008. Any visible smoke from the tailpipe or crankcase of a motor
vehicle during an inspection constitutes a failure. Steam from
condensation by itself shall not lead to an inspection failure.
(b) If an owner of a motor vehicle disputes the failure of a
visible smoke test, the owner may seek resolution of the dispute from
the state-designated referee.
(c) The department, in consultation with the state board and
interested parties, shall adopt regulations to implement this
section. No new equipment shall be required to implement the visible
smoke test.
(d) If the implementation of the visible smoke test required by
subdivision (a) requires modification of the Emission Inspection
System software or Vehicle Information Database, that modification
shall be performed as part of the ordinary, periodic upgrade to these
systems.
44013. (a) (1) The department, in cooperation with the state board,
shall prescribe maximum emission standards to be applied in
inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the department shall undertake
studies and experiments which are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles failing
the test specified in Section 44012 will be operated, as soon as
possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
equipment.
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
department shall ensure that not more than 5 percent of the vehicles
or engines, which would otherwise meet the requirements of this part,
will fail the inspection and maintenance test for that class of
vehicle or engine.
44013. (a) (1) The department, in cooperation with the state board,
shall prescribe maximum emission standards to be applied in
inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the department shall undertake
studies and experiments which are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles failing
the test specified in Section 44012 will be operated, as soon as
possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
equipment.
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
department shall ensure that not more than 5 percent of the vehicles
or engines, which would otherwise meet the requirements of this part,
will fail the inspection and maintenance test for that class of
vehicle or engine.
(d) Maximum emission standards established under this section
shall not be adjusted downward based on the installation of an
exhaust device.
(e) This section shall become inoperative five years from the date
determined pursuant to Section 32 of the act adding this
subdivision, and on the January 1 following that date is repealed.
44013. (a) (1) The department, in cooperation with the state board,
shall prescribe maximum emission standards to be applied in
inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the department shall undertake
studies and experiments which are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles failing
the test specified in Section 44012 will be operated, as soon as
possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
equipment.
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
department shall ensure that not more than 5 percent of the vehicles
or engines, which would otherwise meet the requirements of this part,
will fail the inspection and maintenance test for that class of
vehicle or engine.
(d) This section shall become operative five years from the date
determined pursuant to Section 32 of the act adding this section.
44013.5. (a) If the department, in consultation with the state
board, determines that substantial demand for emission retrofit
devices exists, the department shall develop a program for the
certification of emissions retrofit device installations by licensed
installers. The department may require installers of emissions
retrofit devices to be qualified pursuant to this chapter. The
department may assess biennial license fees upon those installers in
an amount not to exceed the reasonable cost of administering the
emissions retrofit device certification program.
(b) The certification shall be performed at a referee or test-only
station and shall be based on a visual inspection of the emissions
retrofit device and its installation, and verification of the proper
operation of any new or modified components that are a part of the
emissions retrofit device, and not on the results of an emissions
test.
(c) The department shall develop a program for the identification
of retrofitted vehicles at smog check stations and for providing
information required for the inspection of those systems to smog
check stations.
(d) This section shall become inoperative pursuant to Section 33
of the act adding this section or, in any case, five years from the
date determined pursuant to Section 32 of the act adding this
section, and on the January 1 following the date upon which this
section becomes inoperative, is repealed.
44014. (a) Except as otherwise provided in this chapter, the
testing and repair portion of the program shall be conducted by smog
check stations licensed by the department, and by smog check
technicians who have qualified pursuant to this chapter.
(b) A smog check station may be licensed by the department as a
smog check test-only station and, when so licensed, need not comply
with the requirement for onsite availability of current service and
adjustment procedures specified in paragraph (3) of subdivision (b)
of Section 44030. A smog check technician employed by a smog check
test-only station shall be qualified in accordance with this section.
(c) (1) The department shall supply a network of referees. A
referee shall have no ownership interest in, or business or economic
interest with, a smog check station. Referees may issue repair cost
waivers, certificates of compliance or noncompliance, and hardship
extensions, in accordance with regulations adopted by the department,
and promote automotive training through community colleges and other
training institutions certified by the department pursuant to
Section 44030.5. Referees shall provide inspection services for
specially constructed vehicles pursuant to Section 44017.4 and
Section 9565 of the Vehicle Code and issue exhaust system
certificates of compliance in accordance with Section 27150.2 of the
Vehicle Code.
(2) The department may adopt regulations to establish
qualification standards and any special administrative, operational,
and licensure standards that the department determines to be
necessary for the provision of referee services.
(3) The department may adopt, by regulation, a process by which
vehicles that present prohibitive or unusual inspection circumstances
are inspected by referees, including, but not limited to, the
inspection of vehicles in which the manufacturer's physical or
operational design presents inspection incompatibilities, vehicles
equipped with emission control configurations that do not match
United States Environmental Protection Agency or state board
certified configurations, including direct import vehicles and
vehicles with engine changes, and vehicles equipped with retrofit
alternative fuel conversion kits.
(4) (A) A referee may charge a fee sufficient to cover the costs
of providing referee services for inspections of specially
constructed vehicles pursuant to Section 44017.4 and Section 9565 of
the Vehicle Code, inspections pursuant to Section 27150.2 of the
Vehicle Code, and other appropriate categories of referee services as
determined by the department. Requirements applicable to the fee,
including its amount, shall be established by the department by
regulation and the amount may be adjusted to reflect changes in the
Consumer Price Index, as published by the United States Bureau of
Labor Statistics. The fee may be collected by either a contracted
referee or by the department, if the department is providing the
referee service.
(B) If the fee is imposed and collected by a contracted referee,
the contracted referee shall deposit the fees collected from the
vehicle owner into a separate trust account that the referee shall
account for and manage in accordance with generally accepted
accounting practices.
(C) If the fee is imposed and collected by the department, the
fees shall be deposited into the Vehicle Inspection and Repair Fund.
(d) A smog check station may also be licensed as a repair-only
station, and if so licensed, may perform repairs to reduce excessive
emissions on vehicles which have failed the smog check test. Repair
procedures and equipment requirements shall be established by the
department. Technicians employed by a smog check repair-only station
shall be qualified in accordance with this section.
(e) Smog check technicians are qualified to test and repair only
those classes and categories of vehicles for which they have passed a
qualification test administered by the department. The department
shall provide for smog check technicians to be qualified for
different categories of motor vehicle inspection based on vehicle
classification and model-year.
(f) The consumer protection-oriented quality assurance portion of
the program, including the provision of referee services, may be
conducted by one or more private entities pursuant to contracts with
the department.
44014.2. (a) The department shall develop a program for the
voluntary certification of licensed smog check stations, or the
department may accept a smog check station certification program
proposed by accredited industry representatives. The certification
program, which may be called a "gold shield" program, shall be for
the purpose of providing consumers, whose vehicles fail an emissions
test at a test-only facility, an option of services at a single
location to prevent the necessity for additional trips back to the
test-only facility for vehicle certification. The department shall
establish inspection-based performance standards consistent with
Section 44014.6 for stations certified under this program that the
stations would be required to meet to be eligible to issue
certificates of compliance or noncompliance for vehicles selected
pursuant to Sections 44010.5 and 44014.7, or vehicles identified by
the department as gross polluters.
(b) The department shall adopt regulations that apply to all
enhanced areas of the state, including those areas subject to the
enhanced program pursuant to Section 44003.5, that permit both of the
following:
(1) Any vehicle that fails a required smog test at a test-only
facility may be repaired, retested, and certified at a facility
licensed pursuant to Section 44014, and certified pursuant to
subdivision (a).
(2) Any vehicle that is identified as a gross polluter may be
repaired, retested, and certified at a facility licensed pursuant to
Section 44014, and certified pursuant to subdivision (a).
(c) Smog check stations that seek voluntary certification under
this section shall enter into an agreement with the department to
provide repair services pursuant to Section 44062.1.
(d) An agreement made pursuant to this section shall not be deemed
to be a contract subject to the requirements of Part 2 (commencing
with Section 10100) of Division 2 of the Public Contract Code.
44014.4. (a) A licensed smog check station that has been certified
pursuant to Section 44014.2 may advertise that fact, and the
advertisement may include the scope of work established by the
program.
(b) It is an unfair business practice and a violation of Section
17500 of the Business and Professions Code for any licensed smog
check station that is not so certified to advertise as having
obtained certification or as complying with the scope of work, code
of ethics, or certification standards established by the
certification program.
44014.5. (a) The enhanced program shall provide for the testing and
retesting of vehicles in accordance with Sections 44010.5 and
44014.2 and this section.
(b) The repair of vehicles at test-only facilities is prohibited,
except that the minor repair of components damaged by station
personnel during inspection at the station, any minor repair that is
necessary for the safe operation of a vehicle while at a station, or
other minor repairs, such as the reconnection of hoses or vacuum
lines, may be undertaken at no charge to the vehicle owner or
operator if authorized in advance in writing by the department.
(c) The department shall make available to consumers of test-only
facilities a list, compiled by region, of smog check stations
licensed to make repairs of vehicular emission control systems. A
test-only facility shall not refer a vehicle owner to any particular
provider of vehicle repair services in which the test-only facility
has a financial interest.
(d) (1) The department shall establish standards for training,
equipment, performance, or data collection for test-only facilities.
(2) (A) The department shall establish inspection-based
performance standards consistent with Section 44014.6 that test-only
stations would be required to meet to be eligible to issue
certificates of compliance or noncompliance for vehicles selected
pursuant to Section 44010.5 or 44014.7, or vehicles identified by the
department as gross polluters. Failure at any time to meet these
standards shall result in suspension of the certification to test
these vehicles granted by the department. A test-only station not
meeting the performance standards may continue to issue certificates
of compliance and noncompliance for other vehicles. The department
shall adopt measures to ensure the requirements of this subparagraph
are met, including through the use of the computer database and
computer network authorized by Section 44037.1.
(B) The department shall provide the test-only station with
written or electronic notice, prior to the suspension pursuant to
subparagraph (A). The notice shall specify the grounds for the
suspension and provide that the station within five days of receipt
of the notice may request a hearing before the chief of the bureau or
his or her designee to contest the suspension. The request for
hearing shall be in writing or shall be made electronically. Receipt
of this hearing request shall stay the suspension pending the outcome
of the hearing. If a request for hearing is not made, the chief of
the bureau shall issue a final written decision of suspension within
10 days of the last date that a hearing could have been requested.
(C) The hearing conducted by the chief of the bureau or his or her
designee shall be held not later than 10 days from the date that the
request for a hearing is received by the chief of the bureau. The
hearing requirements of Section 44072 shall not apply. The chief of
the bureau shall render a written decision within 10 days of the
hearing. The decision may rescind the suspension, affirm the
suspension, or order any other appropriate action. Administrative
review, before an administrative law judge, of the decision of the
chief of the bureau may be sought within 30 days of the date of the
decision.
(D) The department may adopt regulations to implement this
paragraph.
(e) The department shall prohibit test-only facilities from
engaging in other business activities that represent a conflict of
interest, as determined by the department. Upon implementation of the
performance standards described in paragraph (2) of subdivision (d),
ownership of a test-and-repair station by an owner of a test-only
facility shall not be considered a conflict of interest.
(f) The test-only facility may charge a fee, established by the
department, sufficient to cover the facility's cost to perform the
tests or services, including, but not limited to, referee services
and the issuance of waivers and hardship extensions required by this
chapter. In addition, the station shall charge and collect the
certificate fee established pursuant to Section 44060. This
subdivision shall apply only to facilities contracted for pursuant to
subdivision (e) of Section 44010.5.
(g) The department shall ensure that there is a sufficient number
of test-only facilities to provide convenient testing for the
following vehicles:
(1) All vehicles identified and confirmed as gross polluters
pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2) (A) Vehicles initially identified as gross polluters by a smog
check station licensed as a test-and-repair station may be issued a
certificate of compliance by a test-only facility or by a licensed
smog check station certified pursuant to Section 44014.2.
(B) For purposes of this section, the department shall implement a
program that allows vehicles initially identified as gross polluters
to be repaired and issued a certificate of compliance by a facility
licensed and certified pursuant to Section 44014.2.
(3) All vehicles designated by the department pursuant to Sections
44014.7 and 44020.
(4) Vehicles issued an economic hardship extension in the previous
biennial inspection of the vehicle.
(h) The department shall provide a sufficient number of test-only
facilities authorized to perform referee functions to provide
convenient testing for those vehicles that are required to report to,
and receive a certificate of compliance from, a test-only facility
by this chapter, including all of the following:
(1) All vehicles seeking to utilize state-operated financial
assistance or inclusion in authorized scrap programs.
(2) All vehicles unable to obtain a certificate of compliance from
a licensed smog check station pursuant to subdivision (c) of Section
44015.
(3) Any other vehicles that may be designated by the department.
(i) Gross polluters shall be referred to a test-only facility, or
a test-and-repair station that is both licensed and certified
pursuant to Sections 44014 and 44014.2, for a postrepair inspection
and retest pursuant to subdivision (g). Passing the emissions test is
not a sufficient condition for receiving a certificate of
compliance. A certificate of compliance shall only be issued to a
vehicle that does not have any defects with its emission control
system or any defects that could lead to damage of its emission
control system, as provided in regulations adopted by the department.
44014.6. (a) The inspection-based performance standards created for
the certification program established pursuant to subdivision (a) of
Section 44014.2 and subdivision (d) of Section 44014.5 shall be
based on the same criteria.
(b) The performance standards described in subdivision (a) shall
be applied to smog check technicians licensed pursuant to this
chapter, if the department determines that is feasible.
(c) Beginning no later than January 1, 2012, the department shall
provide to all licensed smog check stations and technicians, if
technicians are included pursuant to subdivision (b), a preliminary
report on the station's and the technician's performance applying the
performance standards. The preliminary report shall include the
criteria that is the basis of the performance standards and an
assessment of the station's and the technician's potential
eligibility to issue certificates of compliance or noncompliance for
vehicles selected pursuant to Sections 44010.5 and 44014.7, or
vehicles identified by the department as gross polluters.
44014.7. (a) The department shall require 2 percent of the vehicles
required to obtain a certificate of compliance each year in enhanced
program areas to receive their certificate from a test-only
facility.
(b) The department may require a number not to exceed 2 percent of
the vehicles required to obtain a certificate of compliance each
year in basic program areas to receive their certificate from a
test-only facility.
(c) The vehicles specified in subdivisions (a) and (b) shall be
selected at random. The vehicles may be included among the vehicles
subject to subdivision (d) of Section 44010.5, to the extent that the
vehicles are registered in enhanced program areas. The review
committee may review the selection process to ensure that it is a
statistically significant representation of the vehicles subject to
the basic and enhanced programs. The department shall select the
vehicles and the Department of Motor Vehicles shall notify the owners
of their obligation under this section pursuant to Section 4000.3 of
the Vehicle Code. Selection shall be made from vehicles in an area
where a test-only facility is located.
44015. (a) A licensed smog check station shall not issue a
certificate of compliance, except as authorized by this chapter, to
any vehicle that meets the following criteria:
(1) A vehicle that has been tampered with.
(2) A vehicle identified pursuant to subparagraph (K) of paragraph
(3) of subdivision (b) of Section 44036. A vehicle identified
pursuant to subparagraph (K) of paragraph (3) of subdivision (b) of
Section 44036 shall be directed to the department to determine
whether an inadvertent error can explain the irregularity, or whether
the vehicle otherwise meets smog check requirements, allowing the
certificate for compliance to be issued, or the vehicle shall be
reinspected by a referee or another smog check station.
(3) A vehicle that, prior to repairs, has been initially
identified by the smog check station as a gross polluter.
Certification of a gross polluting vehicle shall be conducted by a
designated test-only facility, or a test-and-repair station that is
both licensed and certified pursuant to Sections 44014 and 44014.2.
(4) A vehicle described in subdivision (c).
(b) If a vehicle meets the requirements of Section 44012, a smog
check station licensed to issue certificates shall issue a
certificate of compliance or a certificate of noncompliance.
(c) (1) A repair cost waiver shall be issued, upon request of the
vehicle owner, by an entity authorized to perform referee functions
for a vehicle that has been properly tested but does not meet the
applicable emission standards when it is determined that no
adjustment or repair can be made that will reduce emissions from the
inspected motor vehicle without exceeding the applicable repair cost
limit established under Section 44017 and that every defect specified
by paragraph (2) of subdivision (a) of Section 43204, and by
paragraphs (2) and (3) of subdivision (a) of Section 43205, has been
corrected. A repair cost waiver issued pursuant to this paragraph
shall be accepted in lieu of a certificate of compliance for the
purposes of compliance with Section 4000.3 of the Vehicle Code. No
repair cost waiver shall exceed two years' duration. No repair cost
waiver shall be issued until the vehicle owner has expended an amount
equal to the applicable repair cost limit specified in Section
44017.
(2) An economic hardship extension shall be issued, upon request
of a qualified low-income motor vehicle owner, by an entity
authorized to perform referee functions, for a motor vehicle that has
been properly tested but does not meet the applicable emission
standards when it is determined that no adjustment or repair can be
made that will reduce emissions from the inspected motor vehicle
without exceeding the applicable repair cost limit, as established
pursuant to Section 44017.1, that every defect specified in paragraph
(2) of subdivision (a) of Section 43204, and in paragraphs (2) and
(3) of subdivision (a) of Section 43205, has been corrected, that the
low-income vehicle owner would suffer an economic hardship if the
extension is not issued, and that all appropriate emissions-related
repairs up to the amount of the applicable repair cost limit in
Section 44017.1 have been performed.
(d) No repair cost waiver or economic hardship extension shall be
issued under any of the following circumstances:
(1) If a motor vehicle was issued a repair cost waiver or economic
hardship extension in the previous biennial inspection of that
vehicle. A repair cost waiver or economic hardship extension may be
issued to a motor vehicle owner only once for a particular motor
vehicle belonging to that owner. However, a repair cost waiver or
economic hardship extension may be issued for a motor vehicle that
participated in a previous waiver or extension program prior to
January 1, 1998, as determined by the department. For waivers or
extensions issued in the program operative on or after January 1,
1998, a waiver or extension may be issued for a motor vehicle only
once per owner.
(2) Upon initial registration of all of the following:
(A) A direct import motor vehicle.
(B) A motor vehicle previously registered outside this state.
(C) A dismantled motor vehicle pursuant to Section 11519 of the
Vehicle Code.
(D) A motor vehicle that has had an engine change.
(E) An alternate fuel vehicle.
(F) A specially constructed vehicle.
(e) Except as provided in subdivision (f), a certificate of
compliance or noncompliance shall be valid for 90 days.
(f) Excluding any vehicle whose transfer of ownership and
registration is described in subdivision (d) of Section 4000.1 of the
Vehicle Code, and except as otherwise provided in Sections 4000.1,
24007, 24007.5, and 24007.6 of the Vehicle Code, a licensed motor
vehicle dealer shall be responsible for having a smog check
inspection performed on, and a certificate of compliance or
noncompliance issued for, every motor vehicle offered for retail
sale. A certificate issued to a licensed motor vehicle dealer shall
be valid for a two-year period, or until the vehicle is sold and
registered to a retail buyer, whichever occurs first.
(g) A test may be made at any time within 90 days prior to the
date otherwise required.
44015.5. (a) A certificate of compliance shall not be issued to any
new motor vehicle or motor vehicle with a new motor vehicle engine
which is not certified by the state board, and which is the subject
of a transaction prohibited by Section 43152 or 43153.
(b) With respect to a new motor vehicle or motor vehicle with a
new motor vehicle engine not certified by the state board which is in
violation of Article 1.5 (commencing with Section 43150) of Chapter
2, but which is not the subject of a transaction prohibited by
Section 43152 or 43153, a certificate of noncompliance shall be
issued. The certificate of noncompliance shall indicate the basis for
nonconformity and the data shall be sent to the state board.
44016. The department shall, with the cooperation of the state
board and after consultation with the motor vehicle manufacturers and
representatives of the service industry, research, establish, and
update as necessary, specifications and procedures for motor vehicle
maintenance and tuneup procedures and for repair of motor vehicle
pollution control devices and systems. Licensed repair stations and
qualified mechanics shall perform all repairs in accordance with
specifications and procedures so established.
44017. (a) Except as otherwise provided in this section or Section
44017.1, a motor vehicle owner shall qualify for a repair cost waiver
only after expenditure of not less than four hundred fifty dollars
($450) for repairs, including parts and labor.
(b) The limit established pursuant to subdivision (a) shall not
become operative until the department issues a public notice
declaring that the program established pursuant to Section 44010.5 is
operational in the relevant geographical areas of the state, or
until the date that testing in those geographic areas is operative
using loaded mode test equipment, as defined in this article,
whichever occurs first. Prior to that time, the following cost limits
shall remain in effect:
(1) For motor vehicles of 1971 and earlier model years, fifty
dollars ($50).
(2) For motor vehicles of 1972 to 1974, inclusive, model years,
ninety dollars ($90).
(3) For motor vehicles of 1975 to 1979, inclusive, model years,
one hundred twenty-five dollars ($125).
(4) For motor vehicles of 1980 to 1989, inclusive, model years,
one hundred seventy-five dollars ($175).
(5) For motor vehicles of 1990 to 1995, inclusive, model years,
three hundred dollars ($300).
(6) For motor vehicles of 1996 and later model years, four hundred
fifty dollars ($450).
(c) The department shall periodically revise the repair cost
limits specified in subdivisions (a) and (b) in accordance with
changes in the Consumer Price Index, as published by the United
States Bureau of Labor Statistics.
(d) No repair cost limit shall be imposed in those cases where
emissions control equipment is missing or is partially or totally
inoperative as a result of being tampered with.
(e) (1) No repair cost waiver shall be issued where a motor
vehicle has failed the visible smoke test created by the department
pursuant to Section 44012.1, unless paragraph (2) applies, or the
vehicle is owned by a low-income person, as defined in Section
44062.1 in which case the repair cost limit applicable pursuant to
subdivision (b) of Section 44017.1 shall apply.
(2) By January 1, 2008, the department shall adopt regulations
allowing a repair cost waiver, with the repair cost limit specified
in subdivision (a), where a motor vehicle has failed the visible
smoke test component of a smog check inspection, for individuals
under economic hardship but who do not meet the definition of
low-income person, as defined in Section 44062.1. The regulations
shall make eligible for the waiver those individuals whose household
means fall below the level necessary to achieve a modest standard of
living without assistance from public programs. The department shall
consult authoritative information sources including, but not limited
to, the United States Census Bureau, the Department of Finance, and
the California Budget Project.
44017.1. (a) For purposes of this section, "low-income motor
vehicle owner" means a person whose income does not exceed 185
percent of the federal poverty level.
(b) Notwithstanding subdivision (a) of Section 44017, for
low-income motor vehicle owners qualified under Section 44062.1, the
repair cost limit, including parts and labor, shall be two hundred
fifty dollars ($250) in all areas where the program operates.
However, the department may decrease that amount, to not more than
two hundred dollars ($200), if the department determines that
participation rates are unsatisfactory.
(c) Until such time as a repair assistance program becomes
effective pursuant to Section 44062.1, an economic hardship extension
shall be issued upon request to a qualified low-income motor vehicle
owner whose motor vehicle has been tested but does not meet
applicable emissions standards and the necessary repairs exceed the
repair cost limit specified in subdivision (b).
44017.3. (a) The department shall provide a licensed smog check
station with a sign informing customers about options when their
vehicle fails a biennial smog check inspection, including, but not
limited to, the option for qualified consumers to retire vehicles,
receive repair assistance, or obtain repair cost waivers. The sign
shall include the department's means of contact, including, but not
limited to, its telephone number and Internet Web site. This sign
shall be posted conspicuously in an area frequented by customers. The
sign shall be required in all licensed smog check stations.
(b) In stations where licensed smog check technician repairs are
not performed, the station shall have posted conspicuously in an area
frequented by customers a statement that repair technicians are not
available and repairs are not performed.
44017.4. (a) Upon registration with the Department of Motor
Vehicles, a passenger vehicle or pickup truck that is a specially
constructed vehicle, as defined in Section 580 of the Vehicle Code,
shall be inspected by stations authorized to perform referee
functions. This inspection shall be for the purposes of determining
the engine model-year used in the vehicle or the vehicle model-year,
and the emission control system application. The owner shall have the
option to choose whether the inspection is based on the engine
model-year used in the vehicle or the vehicle model-year.
(1) In determining the engine model-year, the referee shall
compare the engine to engines of the era that the engine most closely
resembles. The referee shall assign the 1960 model-year to the
engine in any specially constructed vehicle that does not
sufficiently resemble a previously manufactured engine. The referee
shall require only those emission control systems that are applicable
to the established engine model-year and that the engine reasonably
accommodates in its present form.
(2) In determining the vehicle model-year, the referee shall
compare the vehicle to vehicles of the era that the vehicle most
closely resembles. The referee shall assign the 1960 model-year to
any specially constructed vehicle that does not sufficiently resemble
a previously manufactured vehicle. The referee shall require only
those emission control systems that are applicable to the established
model-year and that the vehicle reasonably accommodates in its
present form.
(b) Upon the completion of the inspection, the referee shall affix
a tamper-resistant label to the vehicle and issue a certificate that
establishes the engine model-year or the vehicle model-year, and the
emission control system application.
(c) The Department of Motor Vehicles shall annually pro
44010. The motor vehicle inspection program shall provide for
privately operated stations which shall be referred to as smog check
stations and are authorized pursuant to Section 44015 to issue
certificates of compliance or noncompliance to vehicles which meet
the requirements of this chapter.
44010.5. (a) The department shall implement a program with the
capacity to commence, by January 1, 1995, the testing at test-only
facilities, in accordance with this chapter, of 15 percent of that
portion of the total state vehicle fleet consisting of vehicles
subject to inspection each year in the biennial program and that are
registered in the enhanced program area, as established pursuant to
paragraph (1) of subdivision (a) of Section 44003.
(b) (1) The department shall increase the capacity of the program
so that the capacity exists to commence, by January 1, 1996, the
testing at test-only facilities of that portion of the state vehicle
fleet that is subject to inspection and is registered in the enhanced
program area, which is sufficient to meet the emission reduction
performance standards established by the United States Environmental
Protection Agency in regulations adopted pursuant to the Clean Air
Act Amendments of 1990, taking into account the results of the pilot
demonstration program established pursuant to Section 44081.6.
(2) Upon increasing the capacity of the program pursuant to
paragraph (1), the department shall afford smog check stations that
are licensed and certified pursuant to Sections 44014 and 44014.2 the
initial opportunity to perform the required inspections. The
department shall adopt, by regulation, the requirements to provide
that initial opportunity.
(3) If the department determines that there is an insufficient
number of licensed test-only smog check stations operating in an
enhanced area to meet the increased demand for test-only inspections,
the department may increase the capacity of the program by utilizing
existing contracts.
(c) The program shall utilize the testing procedures described in
Section 44012. Vehicles selected for testing pursuant to this section
shall include vehicles equipped without second generation onboard
diagnostic systems (OBD II) and vehicles with emission problems that
may not be adequately detected by the vehicle's OBD II, as determined
by the department in consultation with the state board. The
department, in consultation with the state board, may also select for
testing pursuant to this section any other vehicles necessary in
order to meet the requirement described in paragraph (1) of
subdivision (b).
(d) Vehicles that are not diesel-powered in the enhanced program
area which are not subjected to the program established by this
section may be tested at smog check stations licensed pursuant to
Section 44014 that use loaded mode dynamometers. Diesel-powered
vehicles in the enhanced program area that are not subjected to the
program established by this section may be tested at smog check
stations licensed pursuant to Section 44014 using appropriate testing
procedures as determined by the department.
(e) (1) The department may implement the program established
pursuant to subdivision (a) through a network of privately operated
test-only facilities established pursuant to contracts to be awarded
pursuant to this section.
(2) The initial contracts awarded pursuant to this section shall
terminate not later than seven years from the date that the contracts
were executed.
(f) No person shall be a contractor of the department for
test-only facilities in all air basins, exclusively, where the
enhanced program is in effect unless the department determines, after
a public hearing, that there is not more than one qualified
contractor. The South Coast Air Basin shall have at least two
contractors, and the combined enhanced program area that includes
Bakersfield, Fresno, and Sacramento shall have at least two
contractors. The department may operate test-only facilities on an
interim basis while contractors are being sought.
(g) (1) In awarding contracts under this section, the department
shall request bids through the issuance of a request for proposal.
(2) The department shall first determine which bidders are
qualified, and then award the contract to the qualified bidder,
giving priority to the test cost and convenience to motorists.
(3) The department shall provide a contractual preference, as
determined by the department, not to exceed 10 percent of the total
proposal evaluation score, based on the following factors:
(A) Up to 5 percent to bidders providing firm commitments to
employ businesses that are licensed or otherwise substantially
participating in the smog check program after January 1, 1994.
(B) Up to 5 percent to bidders based on the extent to which
bidders maximize the potential economic benefit of the smog check
program on this state over the term of the contract. That potential
economic benefit shall include the percentage of work performed by
California-based firms, the potential of the total project workforce
who will be California residents, and the percentage of subcontracts
that will be awarded to California-based firms.
(4) Any contract executed by the department for the operation of a
test-only facility shall expressly require compliance with this
chapter and any regulations adopted by the department pursuant to
this chapter.
(h) The department shall ensure that there is a sufficient number
of test-only facilities, and that they are properly located, to
ensure reasonable accessibility and convenience to all persons within
an enhanced program area, and that the waiting time for consumers is
minimized. The department may operate test-only facilities on an
interim basis to ensure convenience to consumers. The department
shall specify in the request for proposal the minimum number of
test-only facilities that are required for the program. Any contracts
initially awarded pursuant to this section shall ensure that the
contractors are capable of fulfilling the requirements of subdivision
(a).
(i) Any data generated at a test-only facility shall be the
property of the state, and shall be fully accessible to the
department at any time. The department may set contract
specifications for the storage of that data in a central data storage
system or facility designated by the department.
(j) The department shall ensure an effective transition to the new
program by implementing an effective public education program and
may specify in the request for proposal a dollar amount that bidders
are required to include in their bids for public education
activities, to be implemented pursuant to Section 44070.5.
(k) The department shall ensure the effective management of the
test-only facilities and shall specify in the request for proposal
that a manager be present during all hours of station operation.
(l) The department shall ensure and facilitate the effective
transition of employees of businesses that are licensed or otherwise
substantially participating in the smog check program and may specify
in the request for proposal that test-only facility management be
Automotive Service Excellence (ASE) certified, or be certified by a
comparable program as determined by the department.
(m) As part of the contracts to be awarded pursuant to subdivision
(e), the department may require contractors to perform functions
previously undertaken by referee stations throughout the state, as
determined by the department, at some or all of the affected stations
in enhanced areas, and at additional stations outside enhanced areas
only to the extent necessary to provide appropriate access to
referee functions.
(n) Notwithstanding any other provision of law, to avoid delays to
the program implementation timeline required by this chapter or the
Clean Air Act, the Department of General Services, at the request of
the department, may exempt contracts awarded pursuant to this section
from existing laws, rules, resolutions, or procedures that are
otherwise applicable, including, but not limited to, restrictions on
awarding contracts for more than three years. The department shall
identify any exemptions requested and granted pursuant to this
subdivision and report thereon to the Legislature.
(o) The department shall implement the program established in this
section only in urbanized areas classified by the United States
Environmental Protection Agency as a serious, severe, or extreme
nonattainment area for ozone or a moderate or serious nonattainment
area for carbon monoxide with a design value greater than 12.7 ppm,
and shall not implement the program in any other area.
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 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 (B), all motor vehicles
four or less model-years old.
(B) 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(c) 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.
(C) 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 (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) 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.
(B) 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.
(C) 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.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
(c) 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.
44011.1. For purposes of Section 44011, the term "registered within
an area designated for program coverage" includes any vehicle
registered pursuant to the Vehicle Code in this state when the
registered owner's mailing or residence address is not located within
this state, or when the address at which the vehicle is garaged is
not located within this state.
44011.3. Every motor vehicle that is subject to testing pursuant to
this chapter may be pretested. As used in this section, a pretest is
a smog inspection in which the motor vehicle is submitted to some or
all of the required elements of the emissions inspection as
specified in Section 44012, the results of which will not be reported
to the Department of Motor Vehicles and for which a certificate will
not be issued. A person choosing to have his or her vehicle
pretested has the right to have a complete pretest of the vehicle
unless the person requests a partial pretest. If the person requests
a partial pretest, the licensed technician or an authorized
representative of the licensed smog check station shall inform the
vehicle owner that the partial pretest may not indicate the
likelihood of the vehicle passing a subsequent official inspection.
44011.5. 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.
44011.6. (a) The use of a heavy-duty motor vehicle that emits
excessive smoke is prohibited.
(b) (1) As expeditiously as possible, the state board shall
develop a test procedure for the detection of excessive smoke
emissions from heavy-duty diesel motor vehicles that is feasible for
use in an intermittent roadside inspection program. During the
development of the test procedure, the state board shall cooperate
with the Department of the California Highway Patrol in conducting
roadside inspections.
(2) The state board may also specify visual or functional
inspection procedures to determine the presence of tampering or
defective emissions control systems in heavy-duty diesel or
heavy-duty gasoline motor vehicles. However, visual or functional
inspection procedures for heavy-duty gasoline motor vehicles shall
not be more stringent than those prescribed for heavy-duty gasoline
motor vehicles subject to biennial inspection pursuant to Section
44013.
(3) The chairperson of the state board shall appoint an ad hoc
advisory committee that shall include, but not be limited to,
representatives of heavy-duty engine manufacturers, carriers of
property for compensation using heavy-duty gasoline or heavy-duty
diesel motor vehicles, and the Department of the California Highway
Patrol. The advisory committee shall cooperate with the state board
to develop a test procedure pursuant to this subdivision and shall
advise the state board in developing regulations to implement test
procedures and inspection of heavy-duty commercial motor vehicles.
(c) Any smoke testing procedures or smoke measuring equipment,
including any meter that measures smoke opacity or density and any
recorder that stores or records smoke opacity or density
measurements, used to test for compliance with this section and
regulations adopted pursuant to this section, shall produce
consistent and repeatable results. The requirements of this
subdivision shall be satisfied by the adoption of Society of
Automotive Engineers recommended practice J 1667, "Snap-Acceleration
Smoke Test Procedures for Heavy-Duty Diesel Powered Vehicles."
(d) (1) The smoke test standards and procedures adopted and
implemented pursuant to this section shall be designed to ensure that
no engine will fail the smoke test standards and procedures when the
engine is in good operating condition and is adjusted to the
manufacturer's specifications.
(2) In implementing this section, the state board shall adopt
regulations that ensure that there will be no false failures or that
ensure that the state board will remedy any false failures without
any penalty to the vehicle owner.
(e) The state board shall enforce the prohibition against the use
of heavy-duty motor vehicles that are determined to have excessive
smoke emissions and shall enforce any regulation prohibiting the use
of a heavy-duty motor vehicle determined to have other
emissions-related defects, using the test procedure established
pursuant to this section.
(f) The state board may issue a citation to the owner or operator
for any vehicle in violation of this section. The regulations may
require the operator of a vehicle to submit to a test procedure
adopted pursuant to subdivision (b) and this subdivision, and may
specify that refusal to so submit is an admission constituting proof
of a violation, and shall require that, when a citation has been
issued, the owner of a vehicle in violation of the regulations shall,
within 45 days, correct every deficiency specified in the citation.
(g) The department may develop criteria for one or more classes of
smog check stations capable of determining compliance with
regulations adopted pursuant to this section and may authorize those
stations to issue certificates of compliance to vehicles in
compliance with the regulations. The department may contract for the
operation of smog check stations for heavy-duty motor vehicles
pursuant to this subdivision, and only heavy-duty motor vehicles may
be inspected at those stations.
(h) In addition to the corrective action required by this section,
the owner of a motor vehicle in violation of this section is subject
to a civil penalty of not more than one thousand five hundred
dollars ($1,500) per day for each day that the vehicle is in
violation. The state board may adopt a schedule of reduced civil
penalties to be applied in cases where violations are corrected in an
expeditious manner. However, the schedule of reduced civil penalties
shall not apply where there have been repeated incidents of
emissions control system tampering. All civil penalties imposed
pursuant to this subdivision shall be collected by the state board
and deposited in the Vehicle Inspection and Repair Fund. Funds in the
Vehicle Inspection and Repair Fund, when appropriated by the
Legislature, shall be available to the state board and the Department
of the California Highway Patrol for the conduct of intermittent
roadside inspections of heavy-duty motor vehicles pursuant to this
section.
(i) Following the adoption of regulations pursuant to this
section, the state board may commence inspecting heavy-duty motor
vehicles. With the concurrence of the Department of the California
Highway Patrol, these inspections may be conducted in conjunction
with the safety and weight enforcement activities of the Department
of the California Highway Patrol, or at other locations selected by
the state board or the Department of the California Highway Patrol.
Inspection locations may include private facilities where fleet
vehicles are serviced or maintained. The state board and the
Department of the California Highway Patrol may conduct these
inspections either cooperatively or independently, and the state
board may contract for assistance in the conduct of these
inspections.
(j) The state board shall inform the Department of the California
Highway Patrol whenever a vehicle owner cited pursuant to this
section fails to take a required corrective action or to pay a civil
penalty levied pursuant to subdivisions (h) and (k) in a timely
manner. Following notice and opportunity for an administrative
hearing pursuant to subdivision (n), the state board may request the
Department of the California Highway Patrol to remove the vehicle
from service and order the vehicle to be stored. Upon notification
from the state board of payment of any civil penalties imposed under
subdivision (h) and storage and related charges, the vehicle shall be
released to the owner or designee. Upon release of the vehicle, the
owner or designee shall correct every deficiency specified in any
citation to that owner with respect to the vehicle.
(k) In addition to the corrective action required by subdivision
(f), and in addition to the civil penalty imposed by subdivision (h),
the owner of a motor vehicle cited by the state board pursuant to
this section shall pay a civil penalty of three hundred dollars
($300) per citation; except that this penalty shall not apply to the
first citation for any schoolbus. All civil penalties imposed
pursuant to this subdivision shall be collected by the state board
and deposited in the Diesel Emission Reduction Fund, which fund is
hereby created. Funds in the Diesel Emission Reduction Fund, when
appropriated by the Legislature, shall be available to the State
Energy Resources Conservation and Development Commission for
research, development, and demonstration programs undertaken pursuant
to Section 25617 of the Public Resources Code.
(l) The state board shall adopt regulations that afford an owner
cited under this section an opportunity for an administrative hearing
consistent with, but not limited to, all of the following: (1) any
owner cited under this section may request an administrative hearing
within 45 days following either personal receipt or certified mail
receipt of the citation; (2) if the owner fails to request an
administrative hearing within 45 days, the citation shall be deemed a
final order and not subject to review by any court or agency; (3) if
the owner requests an administrative hearing and fails to seek
review by administrative mandamus pursuant to Section 1094.5 of the
Code of Civil Procedure within 60 days after the mailing of the
administrative hearing decision, the decision shall be deemed a final
order and not subject to review by any other court or agency; and
(4) the 45-day period may be extended by the administrative hearing
officer for good cause.
(m) Following exhaustion of the review procedures provided for in
subdivision (l), the state board may apply to the Superior Court of
Sacramento County for a judgment in the amount of the civil penalty.
The application, which shall include a certified copy of the final
order of the administrative hearing officer, shall constitute a
sufficient showing to warrant the issuance of the judgment.
44012. The test at the smog check stations shall be performed in
accordance with procedures prescribed by the department and may
require loaded mode dynamometer testing in enhanced areas, two-speed
idle testing, testing utilizing a vehicle's onboard diagnostic
system, or other appropriate test procedures as determined by the
department in consultation with the state board. The department shall
implement testing using onboard diagnostic systems, in lieu of
loaded mode dynamometer or two-speed idle testing, on model year 2000
and newer vehicles only, beginning no earlier than January 1, 2013.
However, the department, in consultation with the state board, may
prescribe alternative test procedures that include loaded mode
dynamometer or two-speed idle testing for vehicles with onboard
diagnostic systems that the department and the state board determine
exhibit operational problems. The department shall ensure, as
appropriate to the test method, the following:
(a) Emission control systems required by state and federal law are
reducing excess emissions in accordance with the standards adopted
pursuant to subdivisions (a) and (c) of Section 44013.
(b) Motor vehicles are preconditioned to ensure representative and
stabilized operation of the vehicle's emission control system.
(c) For other than diesel-powered vehicles, the vehicle's exhaust
emissions of hydrocarbons, carbon monoxide, carbon dioxide, and
oxides of nitrogen in an idle mode or loaded mode are tested in
accordance with procedures prescribed by the department. In
determining how loaded mode and evaporative emissions testing shall
be conducted, the department shall ensure that the emission reduction
targets for the enhanced program are met.
(d) For other than diesel-powered vehicles, the vehicle's fuel
evaporative system and crankcase ventilation system are tested to
reduce any nonexhaust sources of volatile organic compound emissions,
in accordance with procedures prescribed by the department.
(e) For diesel-powered vehicles, a visual inspection is made of
emission control devices and the vehicle's exhaust emissions are
tested in accordance with procedures prescribed by the department,
that may include, but are not limited to, onboard diagnostic testing.
The test may include testing of emissions of any or all of the
pollutants specified in subdivision (c) and, upon the adoption of
applicable standards, measurement of emissions of smoke or
particulates, or both.
(f) A visual or functional check is made of emission control
devices specified by the department, including the catalytic
converter in those instances in which the department determines it to
be necessary to meet the findings of Section 44001. The visual or
functional check shall be performed in accordance with procedures
prescribed by the department.
(g) A determination as to whether the motor vehicle complies with
the emission standards for that vehicle's class and model-year as
prescribed by the department.
(h) An analysis of pass and fail rates of vehicles subject to an
onboard diagnostic test and a tailpipe test to assess whether any
vehicles passing their onboard diagnostic test have, or would have,
failed a tailpipe test, and whether any vehicles failing their
onboard diagnostic test have or would have passed a tailpipe test.
(i) The test procedures may authorize smog check stations to
refuse the testing of a vehicle that would be unsafe to test, or that
cannot physically be inspected, as specified by the department by
regulation. The refusal to test a vehicle for those reasons shall not
excuse or exempt the vehicle from compliance with all applicable
requirements of this chapter.
44012.1. (a) The department shall incorporate a visible smoke test
into the motor vehicle inspection and maintenance program by January
1, 2008. Any visible smoke from the tailpipe or crankcase of a motor
vehicle during an inspection constitutes a failure. Steam from
condensation by itself shall not lead to an inspection failure.
(b) If an owner of a motor vehicle disputes the failure of a
visible smoke test, the owner may seek resolution of the dispute from
the state-designated referee.
(c) The department, in consultation with the state board and
interested parties, shall adopt regulations to implement this
section. No new equipment shall be required to implement the visible
smoke test.
(d) If the implementation of the visible smoke test required by
subdivision (a) requires modification of the Emission Inspection
System software or Vehicle Information Database, that modification
shall be performed as part of the ordinary, periodic upgrade to these
systems.
44013. (a) (1) The department, in cooperation with the state board,
shall prescribe maximum emission standards to be applied in
inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the department shall undertake
studies and experiments which are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles failing
the test specified in Section 44012 will be operated, as soon as
possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
equipment.
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
department shall ensure that not more than 5 percent of the vehicles
or engines, which would otherwise meet the requirements of this part,
will fail the inspection and maintenance test for that class of
vehicle or engine.
44013. (a) (1) The department, in cooperation with the state board,
shall prescribe maximum emission standards to be applied in
inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the department shall undertake
studies and experiments which are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles failing
the test specified in Section 44012 will be operated, as soon as
possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
equipment.
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
department shall ensure that not more than 5 percent of the vehicles
or engines, which would otherwise meet the requirements of this part,
will fail the inspection and maintenance test for that class of
vehicle or engine.
(d) Maximum emission standards established under this section
shall not be adjusted downward based on the installation of an
exhaust device.
(e) This section shall become inoperative five years from the date
determined pursuant to Section 32 of the act adding this
subdivision, and on the January 1 following that date is repealed.
44013. (a) (1) The department, in cooperation with the state board,
shall prescribe maximum emission standards to be applied in
inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the department shall undertake
studies and experiments which are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles failing
the test specified in Section 44012 will be operated, as soon as
possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
equipment.
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
department shall ensure that not more than 5 percent of the vehicles
or engines, which would otherwise meet the requirements of this part,
will fail the inspection and maintenance test for that class of
vehicle or engine.
(d) This section shall become operative five years from the date
determined pursuant to Section 32 of the act adding this section.
44013.5. (a) If the department, in consultation with the state
board, determines that substantial demand for emission retrofit
devices exists, the department shall develop a program for the
certification of emissions retrofit device installations by licensed
installers. The department may require installers of emissions
retrofit devices to be qualified pursuant to this chapter. The
department may assess biennial license fees upon those installers in
an amount not to exceed the reasonable cost of administering the
emissions retrofit device certification program.
(b) The certification shall be performed at a referee or test-only
station and shall be based on a visual inspection of the emissions
retrofit device and its installation, and verification of the proper
operation of any new or modified components that are a part of the
emissions retrofit device, and not on the results of an emissions
test.
(c) The department shall develop a program for the identification
of retrofitted vehicles at smog check stations and for providing
information required for the inspection of those systems to smog
check stations.
(d) This section shall become inoperative pursuant to Section 33
of the act adding this section or, in any case, five years from the
date determined pursuant to Section 32 of the act adding this
section, and on the January 1 following the date upon which this
section becomes inoperative, is repealed.
44014. (a) Except as otherwise provided in this chapter, the
testing and repair portion of the program shall be conducted by smog
check stations licensed by the department, and by smog check
technicians who have qualified pursuant to this chapter.
(b) A smog check station may be licensed by the department as a
smog check test-only station and, when so licensed, need not comply
with the requirement for onsite availability of current service and
adjustment procedures specified in paragraph (3) of subdivision (b)
of Section 44030. A smog check technician employed by a smog check
test-only station shall be qualified in accordance with this section.
(c) (1) The department shall supply a network of referees. A
referee shall have no ownership interest in, or business or economic
interest with, a smog check station. Referees may issue repair cost
waivers, certificates of compliance or noncompliance, and hardship
extensions, in accordance with regulations adopted by the department,
and promote automotive training through community colleges and other
training institutions certified by the department pursuant to
Section 44030.5. Referees shall provide inspection services for
specially constructed vehicles pursuant to Section 44017.4 and
Section 9565 of the Vehicle Code and issue exhaust system
certificates of compliance in accordance with Section 27150.2 of the
Vehicle Code.
(2) The department may adopt regulations to establish
qualification standards and any special administrative, operational,
and licensure standards that the department determines to be
necessary for the provision of referee services.
(3) The department may adopt, by regulation, a process by which
vehicles that present prohibitive or unusual inspection circumstances
are inspected by referees, including, but not limited to, the
inspection of vehicles in which the manufacturer's physical or
operational design presents inspection incompatibilities, vehicles
equipped with emission control configurations that do not match
United States Environmental Protection Agency or state board
certified configurations, including direct import vehicles and
vehicles with engine changes, and vehicles equipped with retrofit
alternative fuel conversion kits.
(4) (A) A referee may charge a fee sufficient to cover the costs
of providing referee services for inspections of specially
constructed vehicles pursuant to Section 44017.4 and Section 9565 of
the Vehicle Code, inspections pursuant to Section 27150.2 of the
Vehicle Code, and other appropriate categories of referee services as
determined by the department. Requirements applicable to the fee,
including its amount, shall be established by the department by
regulation and the amount may be adjusted to reflect changes in the
Consumer Price Index, as published by the United States Bureau of
Labor Statistics. The fee may be collected by either a contracted
referee or by the department, if the department is providing the
referee service.
(B) If the fee is imposed and collected by a contracted referee,
the contracted referee shall deposit the fees collected from the
vehicle owner into a separate trust account that the referee shall
account for and manage in accordance with generally accepted
accounting practices.
(C) If the fee is imposed and collected by the department, the
fees shall be deposited into the Vehicle Inspection and Repair Fund.
(d) A smog check station may also be licensed as a repair-only
station, and if so licensed, may perform repairs to reduce excessive
emissions on vehicles which have failed the smog check test. Repair
procedures and equipment requirements shall be established by the
department. Technicians employed by a smog check repair-only station
shall be qualified in accordance with this section.
(e) Smog check technicians are qualified to test and repair only
those classes and categories of vehicles for which they have passed a
qualification test administered by the department. The department
shall provide for smog check technicians to be qualified for
different categories of motor vehicle inspection based on vehicle
classification and model-year.
(f) The consumer protection-oriented quality assurance portion of
the program, including the provision of referee services, may be
conducted by one or more private entities pursuant to contracts with
the department.
44014.2. (a) The department shall develop a program for the
voluntary certification of licensed smog check stations, or the
department may accept a smog check station certification program
proposed by accredited industry representatives. The certification
program, which may be called a "gold shield" program, shall be for
the purpose of providing consumers, whose vehicles fail an emissions
test at a test-only facility, an option of services at a single
location to prevent the necessity for additional trips back to the
test-only facility for vehicle certification. The department shall
establish inspection-based performance standards consistent with
Section 44014.6 for stations certified under this program that the
stations would be required to meet to be eligible to issue
certificates of compliance or noncompliance for vehicles selected
pursuant to Sections 44010.5 and 44014.7, or vehicles identified by
the department as gross polluters.
(b) The department shall adopt regulations that apply to all
enhanced areas of the state, including those areas subject to the
enhanced program pursuant to Section 44003.5, that permit both of the
following:
(1) Any vehicle that fails a required smog test at a test-only
facility may be repaired, retested, and certified at a facility
licensed pursuant to Section 44014, and certified pursuant to
subdivision (a).
(2) Any vehicle that is identified as a gross polluter may be
repaired, retested, and certified at a facility licensed pursuant to
Section 44014, and certified pursuant to subdivision (a).
(c) Smog check stations that seek voluntary certification under
this section shall enter into an agreement with the department to
provide repair services pursuant to Section 44062.1.
(d) An agreement made pursuant to this section shall not be deemed
to be a contract subject to the requirements of Part 2 (commencing
with Section 10100) of Division 2 of the Public Contract Code.
44014.4. (a) A licensed smog check station that has been certified
pursuant to Section 44014.2 may advertise that fact, and the
advertisement may include the scope of work established by the
program.
(b) It is an unfair business practice and a violation of Section
17500 of the Business and Professions Code for any licensed smog
check station that is not so certified to advertise as having
obtained certification or as complying with the scope of work, code
of ethics, or certification standards established by the
certification program.
44014.5. (a) The enhanced program shall provide for the testing and
retesting of vehicles in accordance with Sections 44010.5 and
44014.2 and this section.
(b) The repair of vehicles at test-only facilities is prohibited,
except that the minor repair of components damaged by station
personnel during inspection at the station, any minor repair that is
necessary for the safe operation of a vehicle while at a station, or
other minor repairs, such as the reconnection of hoses or vacuum
lines, may be undertaken at no charge to the vehicle owner or
operator if authorized in advance in writing by the department.
(c) The department shall make available to consumers of test-only
facilities a list, compiled by region, of smog check stations
licensed to make repairs of vehicular emission control systems. A
test-only facility shall not refer a vehicle owner to any particular
provider of vehicle repair services in which the test-only facility
has a financial interest.
(d) (1) The department shall establish standards for training,
equipment, performance, or data collection for test-only facilities.
(2) (A) The department shall establish inspection-based
performance standards consistent with Section 44014.6 that test-only
stations would be required to meet to be eligible to issue
certificates of compliance or noncompliance for vehicles selected
pursuant to Section 44010.5 or 44014.7, or vehicles identified by the
department as gross polluters. Failure at any time to meet these
standards shall result in suspension of the certification to test
these vehicles granted by the department. A test-only station not
meeting the performance standards may continue to issue certificates
of compliance and noncompliance for other vehicles. The department
shall adopt measures to ensure the requirements of this subparagraph
are met, including through the use of the computer database and
computer network authorized by Section 44037.1.
(B) The department shall provide the test-only station with
written or electronic notice, prior to the suspension pursuant to
subparagraph (A). The notice shall specify the grounds for the
suspension and provide that the station within five days of receipt
of the notice may request a hearing before the chief of the bureau or
his or her designee to contest the suspension. The request for
hearing shall be in writing or shall be made electronically. Receipt
of this hearing request shall stay the suspension pending the outcome
of the hearing. If a request for hearing is not made, the chief of
the bureau shall issue a final written decision of suspension within
10 days of the last date that a hearing could have been requested.
(C) The hearing conducted by the chief of the bureau or his or her
designee shall be held not later than 10 days from the date that the
request for a hearing is received by the chief of the bureau. The
hearing requirements of Section 44072 shall not apply. The chief of
the bureau shall render a written decision within 10 days of the
hearing. The decision may rescind the suspension, affirm the
suspension, or order any other appropriate action. Administrative
review, before an administrative law judge, of the decision of the
chief of the bureau may be sought within 30 days of the date of the
decision.
(D) The department may adopt regulations to implement this
paragraph.
(e) The department shall prohibit test-only facilities from
engaging in other business activities that represent a conflict of
interest, as determined by the department. Upon implementation of the
performance standards described in paragraph (2) of subdivision (d),
ownership of a test-and-repair station by an owner of a test-only
facility shall not be considered a conflict of interest.
(f) The test-only facility may charge a fee, established by the
department, sufficient to cover the facility's cost to perform the
tests or services, including, but not limited to, referee services
and the issuance of waivers and hardship extensions required by this
chapter. In addition, the station shall charge and collect the
certificate fee established pursuant to Section 44060. This
subdivision shall apply only to facilities contracted for pursuant to
subdivision (e) of Section 44010.5.
(g) The department shall ensure that there is a sufficient number
of test-only facilities to provide convenient testing for the
following vehicles:
(1) All vehicles identified and confirmed as gross polluters
pursuant to Section 44081 and Section 27156 of the Vehicle Code.
(2) (A) Vehicles initially identified as gross polluters by a smog
check station licensed as a test-and-repair station may be issued a
certificate of compliance by a test-only facility or by a licensed
smog check station certified pursuant to Section 44014.2.
(B) For purposes of this section, the department shall implement a
program that allows vehicles initially identified as gross polluters
to be repaired and issued a certificate of compliance by a facility
licensed and certified pursuant to Section 44014.2.
(3) All vehicles designated by the department pursuant to Sections
44014.7 and 44020.
(4) Vehicles issued an economic hardship extension in the previous
biennial inspection of the vehicle.
(h) The department shall provide a sufficient number of test-only
facilities authorized to perform referee functions to provide
convenient testing for those vehicles that are required to report to,
and receive a certificate of compliance from, a test-only facility
by this chapter, including all of the following:
(1) All vehicles seeking to utilize state-operated financial
assistance or inclusion in authorized scrap programs.
(2) All vehicles unable to obtain a certificate of compliance from
a licensed smog check station pursuant to subdivision (c) of Section
44015.
(3) Any other vehicles that may be designated by the department.
(i) Gross polluters shall be referred to a test-only facility, or
a test-and-repair station that is both licensed and certified
pursuant to Sections 44014 and 44014.2, for a postrepair inspection
and retest pursuant to subdivision (g). Passing the emissions test is
not a sufficient condition for receiving a certificate of
compliance. A certificate of compliance shall only be issued to a
vehicle that does not have any defects with its emission control
system or any defects that could lead to damage of its emission
control system, as provided in regulations adopted by the department.
44014.6. (a) The inspection-based performance standards created for
the certification program established pursuant to subdivision (a) of
Section 44014.2 and subdivision (d) of Section 44014.5 shall be
based on the same criteria.
(b) The performance standards described in subdivision (a) shall
be applied to smog check technicians licensed pursuant to this
chapter, if the department determines that is feasible.
(c) Beginning no later than January 1, 2012, the department shall
provide to all licensed smog check stations and technicians, if
technicians are included pursuant to subdivision (b), a preliminary
report on the station's and the technician's performance applying the
performance standards. The preliminary report shall include the
criteria that is the basis of the performance standards and an
assessment of the station's and the technician's potential
eligibility to issue certificates of compliance or noncompliance for
vehicles selected pursuant to Sections 44010.5 and 44014.7, or
vehicles identified by the department as gross polluters.
44014.7. (a) The department shall require 2 percent of the vehicles
required to obtain a certificate of compliance each year in enhanced
program areas to receive their certificate from a test-only
facility.
(b) The department may require a number not to exceed 2 percent of
the vehicles required to obtain a certificate of compliance each
year in basic program areas to receive their certificate from a
test-only facility.
(c) The vehicles specified in subdivisions (a) and (b) shall be
selected at random. The vehicles may be included among the vehicles
subject to subdivision (d) of Section 44010.5, to the extent that the
vehicles are registered in enhanced program areas. The review
committee may review the selection process to ensure that it is a
statistically significant representation of the vehicles subject to
the basic and enhanced programs. The department shall select the
vehicles and the Department of Motor Vehicles shall notify the owners
of their obligation under this section pursuant to Section 4000.3 of
the Vehicle Code. Selection shall be made from vehicles in an area
where a test-only facility is located.
44015. (a) A licensed smog check station shall not issue a
certificate of compliance, except as authorized by this chapter, to
any vehicle that meets the following criteria:
(1) A vehicle that has been tampered with.
(2) A vehicle identified pursuant to subparagraph (K) of paragraph
(3) of subdivision (b) of Section 44036. A vehicle identified
pursuant to subparagraph (K) of paragraph (3) of subdivision (b) of
Section 44036 shall be directed to the department to determine
whether an inadvertent error can explain the irregularity, or whether
the vehicle otherwise meets smog check requirements, allowing the
certificate for compliance to be issued, or the vehicle shall be
reinspected by a referee or another smog check station.
(3) A vehicle that, prior to repairs, has been initially
identified by the smog check station as a gross polluter.
Certification of a gross polluting vehicle shall be conducted by a
designated test-only facility, or a test-and-repair station that is
both licensed and certified pursuant to Sections 44014 and 44014.2.
(4) A vehicle described in subdivision (c).
(b) If a vehicle meets the requirements of Section 44012, a smog
check station licensed to issue certificates shall issue a
certificate of compliance or a certificate of noncompliance.
(c) (1) A repair cost waiver shall be issued, upon request of the
vehicle owner, by an entity authorized to perform referee functions
for a vehicle that has been properly tested but does not meet the
applicable emission standards when it is determined that no
adjustment or repair can be made that will reduce emissions from the
inspected motor vehicle without exceeding the applicable repair cost
limit established under Section 44017 and that every defect specified
by paragraph (2) of subdivision (a) of Section 43204, and by
paragraphs (2) and (3) of subdivision (a) of Section 43205, has been
corrected. A repair cost waiver issued pursuant to this paragraph
shall be accepted in lieu of a certificate of compliance for the
purposes of compliance with Section 4000.3 of the Vehicle Code. No
repair cost waiver shall exceed two years' duration. No repair cost
waiver shall be issued until the vehicle owner has expended an amount
equal to the applicable repair cost limit specified in Section
44017.
(2) An economic hardship extension shall be issued, upon request
of a qualified low-income motor vehicle owner, by an entity
authorized to perform referee functions, for a motor vehicle that has
been properly tested but does not meet the applicable emission
standards when it is determined that no adjustment or repair can be
made that will reduce emissions from the inspected motor vehicle
without exceeding the applicable repair cost limit, as established
pursuant to Section 44017.1, that every defect specified in paragraph
(2) of subdivision (a) of Section 43204, and in paragraphs (2) and
(3) of subdivision (a) of Section 43205, has been corrected, that the
low-income vehicle owner would suffer an economic hardship if the
extension is not issued, and that all appropriate emissions-related
repairs up to the amount of the applicable repair cost limit in
Section 44017.1 have been performed.
(d) No repair cost waiver or economic hardship extension shall be
issued under any of the following circumstances:
(1) If a motor vehicle was issued a repair cost waiver or economic
hardship extension in the previous biennial inspection of that
vehicle. A repair cost waiver or economic hardship extension may be
issued to a motor vehicle owner only once for a particular motor
vehicle belonging to that owner. However, a repair cost waiver or
economic hardship extension may be issued for a motor vehicle that
participated in a previous waiver or extension program prior to
January 1, 1998, as determined by the department. For waivers or
extensions issued in the program operative on or after January 1,
1998, a waiver or extension may be issued for a motor vehicle only
once per owner.
(2) Upon initial registration of all of the following:
(A) A direct import motor vehicle.
(B) A motor vehicle previously registered outside this state.
(C) A dismantled motor vehicle pursuant to Section 11519 of the
Vehicle Code.
(D) A motor vehicle that has had an engine change.
(E) An alternate fuel vehicle.
(F) A specially constructed vehicle.
(e) Except as provided in subdivision (f), a certificate of
compliance or noncompliance shall be valid for 90 days.
(f) Excluding any vehicle whose transfer of ownership and
registration is described in subdivision (d) of Section 4000.1 of the
Vehicle Code, and except as otherwise provided in Sections 4000.1,
24007, 24007.5, and 24007.6 of the Vehicle Code, a licensed motor
vehicle dealer shall be responsible for having a smog check
inspection performed on, and a certificate of compliance or
noncompliance issued for, every motor vehicle offered for retail
sale. A certificate issued to a licensed motor vehicle dealer shall
be valid for a two-year period, or until the vehicle is sold and
registered to a retail buyer, whichever occurs first.
(g) A test may be made at any time within 90 days prior to the
date otherwise required.
44015.5. (a) A certificate of compliance shall not be issued to any
new motor vehicle or motor vehicle with a new motor vehicle engine
which is not certified by the state board, and which is the subject
of a transaction prohibited by Section 43152 or 43153.
(b) With respect to a new motor vehicle or motor vehicle with a
new motor vehicle engine not certified by the state board which is in
violation of Article 1.5 (commencing with Section 43150) of Chapter
2, but which is not the subject of a transaction prohibited by
Section 43152 or 43153, a certificate of noncompliance shall be
issued. The certificate of noncompliance shall indicate the basis for
nonconformity and the data shall be sent to the state board.
44016. The department shall, with the cooperation of the state
board and after consultation with the motor vehicle manufacturers and
representatives of the service industry, research, establish, and
update as necessary, specifications and procedures for motor vehicle
maintenance and tuneup procedures and for repair of motor vehicle
pollution control devices and systems. Licensed repair stations and
qualified mechanics shall perform all repairs in accordance with
specifications and procedures so established.
44017. (a) Except as otherwise provided in this section or Section
44017.1, a motor vehicle owner shall qualify for a repair cost waiver
only after expenditure of not less than four hundred fifty dollars
($450) for repairs, including parts and labor.
(b) The limit established pursuant to subdivision (a) shall not
become operative until the department issues a public notice
declaring that the program established pursuant to Section 44010.5 is
operational in the relevant geographical areas of the state, or
until the date that testing in those geographic areas is operative
using loaded mode test equipment, as defined in this article,
whichever occurs first. Prior to that time, the following cost limits
shall remain in effect:
(1) For motor vehicles of 1971 and earlier model years, fifty
dollars ($50).
(2) For motor vehicles of 1972 to 1974, inclusive, model years,
ninety dollars ($90).
(3) For motor vehicles of 1975 to 1979, inclusive, model years,
one hundred twenty-five dollars ($125).
(4) For motor vehicles of 1980 to 1989, inclusive, model years,
one hundred seventy-five dollars ($175).
(5) For motor vehicles of 1990 to 1995, inclusive, model years,
three hundred dollars ($300).
(6) For motor vehicles of 1996 and later model years, four hundred
fifty dollars ($450).
(c) The department shall periodically revise the repair cost
limits specified in subdivisions (a) and (b) in accordance with
changes in the Consumer Price Index, as published by the United
States Bureau of Labor Statistics.
(d) No repair cost limit shall be imposed in those cases where
emissions control equipment is missing or is partially or totally
inoperative as a result of being tampered with.
(e) (1) No repair cost waiver shall be issued where a motor
vehicle has failed the visible smoke test created by the department
pursuant to Section 44012.1, unless paragraph (2) applies, or the
vehicle is owned by a low-income person, as defined in Section
44062.1 in which case the repair cost limit applicable pursuant to
subdivision (b) of Section 44017.1 shall apply.
(2) By January 1, 2008, the department shall adopt regulations
allowing a repair cost waiver, with the repair cost limit specified
in subdivision (a), where a motor vehicle has failed the visible
smoke test component of a smog check inspection, for individuals
under economic hardship but who do not meet the definition of
low-income person, as defined in Section 44062.1. The regulations
shall make eligible for the waiver those individuals whose household
means fall below the level necessary to achieve a modest standard of
living without assistance from public programs. The department shall
consult authoritative information sources including, but not limited
to, the United States Census Bureau, the Department of Finance, and
the California Budget Project.
44017.1. (a) For purposes of this section, "low-income motor
vehicle owner" means a person whose income does not exceed 185
percent of the federal poverty level.
(b) Notwithstanding subdivision (a) of Section 44017, for
low-income motor vehicle owners qualified under Section 44062.1, the
repair cost limit, including parts and labor, shall be two hundred
fifty dollars ($250) in all areas where the program operates.
However, the department may decrease that amount, to not more than
two hundred dollars ($200), if the department determines that
participation rates are unsatisfactory.
(c) Until such time as a repair assistance program becomes
effective pursuant to Section 44062.1, an economic hardship extension
shall be issued upon request to a qualified low-income motor vehicle
owner whose motor vehicle has been tested but does not meet
applicable emissions standards and the necessary repairs exceed the
repair cost limit specified in subdivision (b).
44017.3. (a) The department shall provide a licensed smog check
station with a sign informing customers about options when their
vehicle fails a biennial smog check inspection, including, but not
limited to, the option for qualified consumers to retire vehicles,
receive repair assistance, or obtain repair cost waivers. The sign
shall include the department's means of contact, including, but not
limited to, its telephone number and Internet Web site. This sign
shall be posted conspicuously in an area frequented by customers. The
sign shall be required in all licensed smog check stations.
(b) In stations where licensed smog check technician repairs are
not performed, the station shall have posted conspicuously in an area
frequented by customers a statement that repair technicians are not
available and repairs are not performed.
44017.4. (a) Upon registration with the Department of Motor
Vehicles, a passenger vehicle or pickup truck that is a specially
constructed vehicle, as defined in Section 580 of the Vehicle Code,
shall be inspected by stations authorized to perform referee
functions. This inspection shall be for the purposes of determining
the engine model-year used in the vehicle or the vehicle model-year,
and the emission control system application. The owner shall have the
option to choose whether the inspection is based on the engine
model-year used in the vehicle or the vehicle model-year.
(1) In determining the engine model-year, the referee shall
compare the engine to engines of the era that the engine most closely
resembles. The referee shall assign the 1960 model-year to the
engine in any specially constructed vehicle that does not
sufficiently resemble a previously manufactured engine. The referee
shall require only those emission control systems that are applicable
to the established engine model-year and that the engine reasonably
accommodates in its present form.
(2) In determining the vehicle model-year, the referee shall
compare the vehicle to vehicles of the era that the vehicle most
closely resembles. The referee shall assign the 1960 model-year to
any specially constructed vehicle that does not sufficiently resemble
a previously manufactured vehicle. The referee shall require only
those emission control systems that are applicable to the established
model-year and that the vehicle reasonably accommodates in its
present form.
(b) Upon the completion of the inspection, the referee shall affix
a tamper-resistant label to the vehicle and issue a certificate that
establishes the engine model-year or the vehicle model-year, and the
emission control system application.
(c) The Department of Motor Vehicles shall annually pro
