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SB-100 GIVES KIT CAR BUILDERS A BREAK

By Vern Hance

On October 13, 2001 Gov. Gray Davis approved SB-100 and was filed with the Secretary of State October 14, 2001. I believe this makes it effective immediately.

The bill gives clear authorization to register up to 500 specially constructed vehicles each year with the model-year determined, at the owners option, either by the year of the engine or the year that the car resembles. Once the model-year is established, then biannual smog tests would be required based on the model-year. That means that kit cars with a 1973 or older year model would not require a biannual smog inspection.

The place where I think it might get sticky is the part that says the Smog Referee "may require only those emission control systems that are applicable to the established model year and that the engine reasonably accommodates in its present form." I can see the possibility that some Smog Referee will insist that a 1966 Cobra replica with a 1975 engine must have catalytic mufflers and other smog gear. On the other hand Section 44017.4(a) clearly says "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."

There will probably be some bureaucratic fighting over this new law but I see it as a great simplification to the hobby car builder. The people that won't get liberated are owners of late model Ferrari or Lamborghini replicas. I suppose it will encourage them to install older engines and it appears they can legally use this route to avoid the Smog hassle.

Anyway, it looks like a "new dawn" for Cobra builders.

We really owe a debt of gratitude to Senator Maurice Johannessen (a car-guy who drives a Viper, owns a '34 Street Rod and is building a Lone Star Cobra) for getting this legislation through the legislature in record time. The bill is essentially the same as SB-1811 that was vetoed by Gov. Davis about a year ago. The main difference is that it places a 500 car per limit on such registrations. We will have to wait and see if this 500 limit is reached.

The complete text of the bill is shown on below . See if you agree with my interpretation.



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SENATE BILL NO. 100
CHAPTER 871

An act to add Section 44017.4 to the Health and Safety Code, relating to emission control.

[Approved by Governor October 13, 2001. Filed
with Secretary of State October 14, 2001.]

The people of the State of California do enact as follows:

SECTION 1. Section 44017.4 is added to the Health and Safety Code, to read:

44017.4. (a) Upon initial 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 provide an initial registration to no more than the first 500 vehicles that meet the criteria described in subdivision (a) that are presented to that department for registration.