Registration and California

[g davidian]

I've heard that there is "something" soon to pass or be enforced that effect replica's here in California. I can't seem to find out anything more than the the issue of the illegal registrations. Does anyone know what might be on the horizon?

Also thanks for the opinions on the Shelby American cars. It looks like that's the way I'm going to go.

[Thorin]

http://www.clubcobra.com/forums/show...threadid=53774

[g davidian]

Thanks, I saw that. So what is the real impact? I don't understand.

[slithering]

g,

The proposed Assembly Bill 2683 would repeal older cars from emission exemption, SB 100 as it is now. This would require all vehicles in California to meet California's emissions standards. I wrote my Legislator, Assemblyman Dave Cogdill, and voiced my opposition to the new proposal. He assured me he would vote against the bill. I have also sent a letter to Governor Schwarzenegger. I urge all Californians to do the same.

Chris

[Tongue Pirate]

Very, very bad. This can't go through. If nothing else, think of all the landscape & small construction contractors that will suffer from this. Those old stake bed trucks that you see carrying off yard debris & construction debris will be scrapped & the cost of fixing up, maintaining & improving your homes will go up. All for what? A few vehicles that have little or no effect on our smog problem as a whole. Los Angeles is gross. We have the worst air quality in the country. A big part of that is that we have very little rain, not enough vegitation & a huge population that isn't & may never be supported by it's transportation system.

[Jamo]

Here's the bill, as amended. It is currently in the Appropriations Committee. The DMV's only concern is getting enough lead time to inform the owners in order to give them enough time to comply.

BILL NUMBER: AB 2683 AMENDED
BILL TEXT

AMENDED IN ASSEMBLY MARCH 24, 2004

INTRODUCED BY Assembly Member Lieber

FEBRUARY 20, 2004

An act to amend Section 44011 of the Health and Safety Code,
and to amend Section 4000.1 of the Vehicle Code, relating to
air pollution.



LEGISLATIVE COUNSEL'S DIGEST


AB 2683, as amended, Lieber. Air pollution: smog check.
(1) Existing law establishes a motor vehicle inspection and
maintenance program (smog check), administered by the Department of
Consumer Affairs and the State Air Resources Board, that provides for
the inspection of all motor vehicles, except those specifically
exempted from the program, upon registration, biennially upon renewal
of registration, upon transfer of ownership, and in certain other
circumstances. Existing law requires the Department of Motor
Vehicles to require any motor vehicle subject to those requirements
to demonstrate compliance with those requirements. Existing
law also establishes an enhanced motor vehicle inspection and
maintenance program (smog check II) in each urbanized area of the
state, any part of which is classified by the United States
Environmental Protection Agency as a serious, severe, or extreme
nonattainment area for specified air contaminants. Existing law also
requires the smog tests to include, at minimum, loaded mode
dynamometer testing in enhanced areas, and 2-speed testing in all
other program areas, and a visual or functional check of emission
control devices specified by the department. Existing law exempted
from those requirements, until January 1, 2003, any motor vehicle
manufactured prior to the 1974 model-year, and after that date, any
motor vehicle that is 30 or more model-years old.
This bill would instead exempt from the smog check requirements
, and the smog check compliance requirements, any motor
vehicle manufactured prior to the 1976 model-year.
(2) Existing law makes any violation of the smog check
requirements a misdemeanor.
To the extent that the bill would impose the smog check
requirements on additional vehicles on and after January 1, 2007,
this bill would impose a state-mandated local program by expanding
the scope of a crime.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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


SECTION 1. Section 44011 of the Health and Safety Code is amended
to read:
44011. (a) All motor vehicles powered by internal combustion
engines that are registered within an area designated for program
coverage shall be required biennially to obtain a certificate of
compliance or noncompliance, except for all of the following:
(1) Every motorcycle, and every diesel-powered vehicle, until the
department, pursuant to Section 44012, implements test procedures
applicable to motorcycles or to diesel-powered vehicles, or both.
(2) Any motor vehicle that has been issued a certificate of
compliance or noncompliance or a repair cost waiver upon a change of
ownership or initial registration in this state during the preceding
six months.
(3) Any motor vehicle manufactured prior to the 1976 model-year.

(4) (A) Any motor vehicle four or less model-years old.
(B) Beginning January 1, 2004, any motor vehicle up to six
model-years old, unless the state board finds that providing an
exception for these vehicles will prohibit the state from meeting the
requirements of Section 176(c) of the 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) Any motor vehicle excepted by this paragraph shall be subject
to testing and to certification requirements as determined by the
department, if any of the following apply:
(i) The department determines through remote sensing activities or
other means that there is a substantial probability that the vehicle
has a tampered emission control system or would fail for other cause
a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and
is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed
vehicle.
(iv) The vehicle has been selected for testing pursuant to Section
44014.7 or any other provision of this chapter authorizing
out-of-cycle testing.
(5) In addition to the vehicles exempted pursuant to paragraph
(4), any motor vehicle or class of motor vehicles exempted pursuant
to subdivision (b) of Section 44024.5. It is the intent of the
Legislature that the department, pursuant to the authority granted by
this paragraph, exempt at least 15 percent of the lowest emitting
motor vehicles from the biennial smog check inspection.
(6) Any motor vehicle that the department determines would present
prohibitive inspection or repair problems.
(7) Any vehicle registered to the owner of a fleet licensed
pursuant to Section 44020 if the vehicle is garaged exclusively
outside the area included in program coverage, and is not primarily
operated inside the area included in program coverage.
(b) Vehicles designated for program coverage in enhanced areas
shall be required to obtain inspections from appropriate smog check
stations operating in enhanced areas.
SEC. 2. Section 4000.1 of the Vehicle Code is amended to
read:
4000.1. (a) Except as otherwise provided in subdivision (b), (c),
or (d) of this section, or subdivision (b) of Section 43654 of the
Health and Safety Code, the department shall require upon initial
registration, and upon transfer of ownership and registration, of any
motor vehicle subject to Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, and upon registration of a
motor vehicle previously registered outside this state which is
subject to those provisions of the Health and Safety Code, a valid
certificate of compliance or a certificate of noncompliance, as
appropriate, issued in accordance with Section 44015 of the Health
and Safety Code.
(b) With respect to new vehicles certified pursuant to Chapter 2
(commencing with Section 43100) of Part 5 of Division 26 of the
Health and Safety Code, the department shall accept a statement
completed pursuant to subdivision (b) of Section 24007 in lieu of the
certificate of compliance.
(c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
(d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
(1) The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
(2) The transferor is either the parent, grandparent, sibling,
child, grandchild, or spouse of the transferee.
(3) A vehicle registered to a sole proprietorship is transferred
to the proprietor as owner.
(4) The transfer is between companies whose principal business is
leasing vehicles, if there is no change in the lessee or operator of
the vehicle or between the lessor and the person who has been, for at
least one year, the lessee's operator of the vehicle.
(5) The transfer is between the lessor and lessee of the vehicle,
if there is no change in the lessee or operator of the vehicle.
(6) Prior to January 1, 2003, the The
motor vehicle was manufactured prior to the 1974
1976 model-year.
(7) Beginning January 1, 2003, the motor vehicle is 30 or more
model-years old.
(e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
(f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the vehicle.

SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

[Jamo]

Now...I posted it because we seem to have a flurry of misinformation every now and then regarding California registration.

1. Note that it does NOT require retrofitting of smog equipment nor does it require vehicles that are already 30 years old to start complying with smog testing, so don't worry about the contractor's old trucks. What it DOES do is stop the rolling 30 year exemption from going forward. It DOES fix the exemption to those vehicles built before 1976.

That being said...it's still a POS bill. I've been holding onto a pristine 1976 Bronco waiting for it to be exempt. I've been waiting for 10 freeking years! If this bill passes...I'll miss it by one year.

But it will not require me to do a damn thing to my 65 Mustang, nor will it cause anyone with a 1975 or older vehicle any worries.

2. It does NOT do a damn thing to SB 100...and specifically refers to the Department handling "special construction" vehicles that are submitted for registration.

The Health and Safety Code provision which sets forth the exemption provisions of SB 100 is 44017...which is not amended by this bill.

Thus, it does nothing to cars already registered under SB 100, and, as currently drafted/amended (things can change...liberals/commies/mothers-against-fun/environmental nazis and others have brain f@rts every few nano-seconds), it will not affect future use of SB 100.


Again, some folks rely on what they hear from others or presume, and pretty soon there's a great deal of misinformation floating around. Read it for yourself.

[hoppy]

Mil Gracias
Had I read Jamo's last post here prior to replying to the refusal in CA thread, I would have found that unnecessary.
I think that those of us operating on rumor inspired information would do less harm to each other and sleep better pending our permanent registrations if we considered the sources of information.
Thanks Jamo, I feel better about putting the first 3 layers of Zaino on my car this AM.
If I ever get someone to teach me to drive it properly I will spend less time polishing and more time racking up infractions.

[g davidian]

Thanks, guys. So the the question is whether the car is 1965 or 2004? Do I have it right?

[Jamo]

No.

My posts were in response to some comments about the Assembly bill going through committee review at the present time.

When you get your Shelby, you will want to go through what we have been calling the SB 100 process.

Briefly, it allows for 500 "special construction" vehicles to recieve an exemption from smog testing. You need to go to the DMV early in the year (the numbers get taken quickly...a few months this year and they may gone in weeks in 2005) and fill out the forms and present your reciepts for the car. Once you get a numbered certificate, you will then go to the CHP to affix a vehicle identification number plate on your car (firewall, door jam, etc.). Once that is done, you will go to the BAR smog referee and be put through a smog check. This is merely for the referee to then code in your SB 100 number into the state's computer and register your car as exempt. The referee will use the appearance of your motor to determine the year of your car. Then you go back to the DMV and show them the paperwork from the BAR, pay the fees and taxes due. You may also have to have a safety check (lights, etc.). I say "may" because some DMV offices ask for it, and others don't.

Now...read the other thread and note what the issue was there. If you go through a dealer...make sure a different entity is doing the completion work on the car, and pay for parts, etc. directly instead of paying one entity for everything. Turn all of the reciepts over to the DMV and pay the full taxes due on the value of your car...don't screw around and try to low ball the vehicle's value to save a few bucks.

This is highly summarized. When you get your car...or are getting close to completion...we will walk you through it. It's tedious...but not all that difficult. Really.

[Jamo]

Here's the DMV's website.

http://www.dmv.ca.gov/vr/spcns.htm

Here's the "SB 100" provision...actually found under the Health and Safety Code.

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 provide a
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 pursuant to this section. The
500-vehicle annual limitation does not apply to the renewal of
registration of a vehicle registered pursuant to this section.

And here's the definition of a "special construction" vehicle under the Vehicle Code.

580. A "specially constructed vehicle" is a vehicle which is built
for private use, not for resale, and is not constructed by a licensed
manufacturer or remanufacturer. A specially constructed vehicle may
be built from (1) a kit; (2) new or used, or a combination of new
and used, parts; or (3) a vehicle reported for dismantling, as
required by Section 5500 or 11520, which, when reconstructed, does
not resemble the original make of the vehicle dismantled. A
specially constructed vehicle is not a vehicle which has been
repaired or restored to its original design by replacing parts.

Hope this answers some of your questions. I'm sure once you review this material, you will have additional questions. Ask us here at Club Cobra before you go through the process and we'll help you avoid problems.