Bill exempts old cars from smog checks
More older cars would be exempt from smog inspections every two years
under a bill approved
Thursday by an Assembly committee.
The bill by Sen. Quentin Kopp, a San Francisco independent, was sent
to the Assembly floor by
a unanimous vote of the Appropriations Committee.
Currently, 1966 and newer cars must undergo an anti-smog inspection
every two years in the
state's urban areas and upon ownership change in rural areas.
The bill would exempt from the Smog Check II program 1973 and older
cars for the next five
years. After that, cars 30 years old and older would be exempt.
Kopp's bill, as approved by the Senate, would have exempted cars that
are 25 or more
model-years old. It was amended Thursday by the committee to its
current form.
The bill itself:
being SB 42 Air pollution: vehicles.
BILL NUMBER: SB 42 AMENDED 09/05/97
AMENDED IN ASSEMBLY SEPTEMBER 5, 1997
AMENDED IN SENATE FEBRUARY 13, 1997
INTRODUCED BY Senator Kopp (Coauthors: Senators Knight and Mountjoy)
(Coauthor:
Assembly Member Cunneen)
DECEMBER 2, 1996
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
SB 42, as amended, Kopp. Air pollution: vehicles : inspection and
maintenance .
Existing law exempts any motor vehicle manufactured prior to the 1966
model-year from provisions requiring vehicles
powered by internal combustion engines in certain areas of the state to
obtain a smog check certificate of compliance or
noncompliance biennially, upon transfer of ownership, or upon
registration of a vehicle previously registered outside the state.
This bill would, instead, exempt from those requirements any motor
vehicle which manufactured prior to the 1974 model
year or, beginning January 1, 2003, that is 25 30 or more model-years
old.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated
local program: no.
SECTION 1. Section 44011 of the Health and Safety Code is amended to
read:
44011. (a) All motor vehicles powered by internal combustion engines
which 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 which has been issued a certificate of compliance
or noncompliance or an emission cost waiver upon a
change of ownership or initial registration in this state during the
preceding six months, or which has been issued a certificate of
exemption pursuant to Section 4000.6 or 4000.7 of the Vehicle Code.
(3) Any motor vehicle which is 25 or more model-years old.
(4) Any other motor vehicle which
(3) Prior to January 1, 2003, any motor vehicle manufactured prior to
the 1974 model-year.
(4) Beginning January 1, 2003, any motor vehicle that is 30 or more
model-years old.
(5) Any other motor vehicle that the department determines would present
prohibitive inspection or repair problems.
(5)
(6) 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) In any district in which biennial certification is required and a
valid certificate was issued in connection with the most recent
renewal of registration of the vehicle, and the transfer occurred not
more than 60 days following the date by which that renewal
of registration was required.
(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) The motor vehicle is 25 or more model-years old.
(6) Prior to January 1, 2003, the motor vehicle was manufactured prior
to the 1974 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.
-- Wire reports
Edition: SRVT, Section: A, Page: 12
This archive was generated by hypermail 2b30 : Tue Sep 05 2000 - 09:55:47 CDT