02-04-2008, 12:11 PM
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Join Date: Oct 2003
Posts: 94
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If you are interested in legislation AB 619 is now a two year bill. Originally the bill was written to to deal with the estimated 70,000 vehicles that have fraudulent registration and to recover an estimated $230,000,000 in loss tax revenue. The amnesty legislation was proposed to allow the correction of registration information, to bring these cars back into compliance with emission requirements, and to recover lost fees, taxes and penalties.
At the time amnesty was proposed BAR stated that emission tests for SPCN's were either based upon the year of the engine or upon a SB 100 exception (500 per year). Although the amnesty proponents knew that not all fraudulently registered SPCN could meet these requirements, it felt that the standards were reasonable enough that a majority of these vehicles would self correct.
As the AB 619 moved forward BAR provided further clarification on California emission standards as it relates to SPCN that do not have a SB100 exemption. BAR's should be now complying with existing law which requires SPCN to meet the emission requirements of the year that they are first registered in. If you do not have a SB100 exemption and your vehicle is first registered in 2008, you will be required to meet 2008 emission standards.
BAR's previous policy of testing to the year the engine replicates was at odds with Vehicle Code § 4750.1 (effective Jan. 1, 2003). This section states in part:
"the vehicle shall be assigned the same model-year as the calendar year in which the application is submitted, for purposes of determining emissions control equipment and inspection requirements for the vehicle."
BAR will begin to implement that standards outlined in Vehicle Code § 4750.1 once DMV begins assigning a "model-year" to SPCN.
The net effect of this change is that SPCN registrations will be limited to 500 vehicles per year (hot rods / kit cars). It is not anticipated that any SPCN vehicles will meet 2007 or latter emission requirements.
AB 619 was viewed as a mechanism to allow self correction and as a tool to encourage stepped up enforcement following the amnesty period. Currently AB 619 has been placed on suspense in light of the new BAR rules. Amnesty will not be an effective tool if there is no perception that the owner may legally drive the vehicle.
If some type of compromise can be reached on this issue AB 619 will be the platform used. Folks are talking, in the end it is all about emissions.
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Robert Morgester
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