Bill Text: CA AB1613 | 2011-2012 | Regular Session | Amended
Bill Title: Department of Motor vehicles: motor vehicle inspection
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2012-04-24 - From committee without further action pursuant to Joint Rule 62(a). [AB1613 Detail]
Download: California-2011-AB1613-Amended.html
BILL NUMBER: AB 1613 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2012
INTRODUCED BY Assembly Member Donnelly
( Coauthors: Assembly Members
Jeffries and Silva )
( Coauthor: Senator Gaines
)
FEBRUARY 8, 2012
An act to amend Section 44015 of the Health and Safety Code, and
to amend Section 4000.1 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1613, as amended, Donnelly. Motor
Department of Motor vehicles: motor vehicle inspection and
maintenance program.
Existing law establishes a motor vehicle inspection and
maintenance (smog-check) program, administered by the Department of
Consumer Affairs and the State Air Resources Board, which 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
(DMV) to require, upon initial registration, and, except as
specified, upon transfer of ownership and registration, of a motor
vehicle, and upon registration of a motor vehicle previously
registered outside this state that is subject to those provisions, a
valid certificate of compliance or a certificate of noncompliance, as
appropriate, with respect to smog certification. Existing law
specifies that a certificate of compliance or noncompliance is valid
for 90 days, except as provided.
This bill would delete the requirement that the DMV require a
certificate of compliance or a certificate of noncompliance with
respect to smog certification upon any transfer of ownership and
registration of a motor vehicle.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44015 of the Health and Safety Code is amended
to read:
44015. (a) A licensed smog check station shall not issue a
certificate of compliance, except as authorized by this chapter, to a
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 before
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. A
repair cost waiver shall not exceed two years' duration. A repair
cost waiver shall not 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) A repair cost waiver or economic hardship extension shall not
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) 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 before the date otherwise required.
SEC. 2. Section 4000.1 of the Vehicle Code is amended to read:
4000.1. (a) Except as otherwise provided in subdivision (b) or
(c) of this section , or subdivision (b) of
Section 43654 of the Health and Safety Code, the department shall
require , upon initial registration of any motor vehicle
subject to Part 5 (commencing with Section 43000) of Division 26 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 motor 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) 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.
(e) Subdivision (a) does not apply to a motor vehicle if an
additional individual is added as a registered owner of the motor
vehicle.
(f) For purposes of subdivision (a), a collector motor vehicle, as
defined in Section 259, is exempt from those portions of the test
required by subdivision (f) of Section 44012 of the Health and Safety
Code , 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.
