BILL NUMBER: AB 1613 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Donnelly
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 introduced, Donnelly. 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
any 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 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.
No A repair cost waiver shall not
exceed two years' duration. No 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) No 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) Excluding any vehicle whose transfer of ownership and
registration is described in subdivision (d) of Section 4000.1 of
the Vehicle Code, and except 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 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)
, (c), or (d) or (c) 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, 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) 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 the parent, grandparent, sibling, child,
grandchild, or spouse of the transferee.
(3) A motor vehicle registered to a sole proprietorship is
transferred to the proprietor as owner.
(4) The transfer is between companies the principal business of
which is leasing motor vehicles, if there is no change in the lessee
or operator of the motor vehicle or between the lessor and the person
who has been, for at least one year, the lessee's operator of the
motor vehicle.
(5) The transfer is between the lessor and lessee of the motor
vehicle, if there is no change in the lessee or operator of the motor
vehicle.
(6) The motor vehicle was manufactured prior to the 1976
model-year.
(7) Except for diesel-powered vehicles, the transfer is for a
motor vehicle that is four or less model-years old. The department
shall impose a fee of eight dollars ($8) on the transferee of a motor
vehicle that is four or less model-years old. Revenues generated
from the imposition of that fee shall be deposited into the Vehicle
Inspection and Repair Fund.
(e)
(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.
(f)
(e) Subdivision (a) does not apply to a motor vehicle
when if an additional individual is
added as a registered owner of the motor vehicle.
(g)
(f) For purposes of subdivision (a), any
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.