Bill Text: CA AB1740 | 2009-2010 | Regular Session | Amended
Bill Title: Vehicles: specially constructed vehicles.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-06-16 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB1740 Detail]
Download: California-2009-AB1740-Amended.html
BILL NUMBER: AB 1740 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Jeffries
FEBRUARY 8, 2010
An act to amend Section 44017.4 of the Health and Safety Code, and
to amend Section 4750.1 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1740, as amended, Jeffries. Vehicles: specially constructed
vehicles.
Existing law establishes a registration amnesty program for
specially constructed vehicles, as defined, that have been previously
registered or classified incorrectly and also requires
that a specially constructed vehicle, upon registration with the
Department of Motor Vehicles, be inspected by stations authorized to
perform referee functions, for the purposes of determining the engine
model-year used in the vehicle or the vehicle model-year, and the
emission control system application.
Existing law also requires the department to annually provide a
registration to no more than the first 500 of these vehicles that
meet specified criteria.
This bill would increase this limitation to the first 750 vehicles
that meet the specified criteria. The bill would provide that the
registered owner of a specially constructed vehicle that is currently
registered or incorrectly registered may change the vehicle's
registration by complying with those specified criteria.
The bill would also require that an application for a change of
registration is subject to the 750-vehicle limitation.
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 44017.4 of the
Health and Safety Code is amended to read:
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) The registered owner of a specially constructed vehicle that
is currently registered or incorrectly registered may change the
vehicle's registration by complying with the requirements of
subdivision (a).
(b)
(c) 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)
(d) The Department of Motor Vehicles shall annually
provide a registration or change of registration to no
more than the first 500 750 vehicles
that meet the criteria described in subdivision (a) or (b)
that are presented to that department for registration or
change of 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.
(e) The 750-vehicle annual limitation does not apply to the
renewal of registration of a specially constructed vehicle that was
previously registered by the Department of Motor Vehicles.
SEC. 2. Section 4750.1 of the Vehicle
Code is amended to read:
4750.1. (a) If the department receives an application for
registration of a specially constructed passenger vehicle or pickup
truck after it has registered 500 750
specially constructed vehicles during that calendar year pursuant to
Section 44017.4 of the Health and Safety Code, and the vehicle has
not been previously registered, the vehicle shall be assigned the
same model-year as the calendar year in which the application is
submitted, for purposes of determining emissions inspection
requirements for the vehicle.
(b) (1) If the department receives an application for registration
of a specially constructed passenger vehicle or pickup truck that
has been previously registered after it has registered 500
750 specially constructed vehicles during that
calendar year pursuant to Section 44017.4 of the Health and Safety
Code, and the application requests a model-year determination
different from the model-year assigned in the previous registration,
the application for registration shall be denied and the vehicle
owner is subject to the emission control and inspection requirements
applicable to the model-year assigned in the previous registration.
(2) For a vehicle participating in the amnesty program in effect
from January 1, 2010, until December 31, 2010, pursuant to Section
9565, the model-year of the previous registration shall be the
calendar year of the year in which the vehicle owner applied for
amnesty. However, a denial of an application for registration issued
pursuant to this paragraph does not preclude the vehicle owner from
applying for a different model-year determination and application for
registration under Section 44017.4 of the Health and Safety Code in
a subsequent calendar year.
(c) (1) The Bureau of Automotive Repair may charge the vehicle
owner who applies to participate in the amnesty program a fee for
each referee station inspection conducted pursuant to Section 9565.
The fee shall be one hundred sixty dollars ($160) and shall be
collected by the referee station performing the inspection.
(2) A contract to perform referee services may authorize direct
compensation to the referee contractor from the inspection fees
collected pursuant to paragraph (1). The referee contractor shall
deposit the inspection fees collected from the vehicle owner into a
separate trust account that the referee contractor shall account for
and manage in accordance with generally accepted accounting standards
and principles. Where the department conducts the inspections
pursuant to Section 9565, the inspection fees collected by the
department shall be deposited into the Vehicle Inspection and Repair
Fund.
SECTION 1. Section 44017.4 of the Health and
Safety Code is amended to read:
44017.4. (a) Upon initial registration with the Department of
Motor Vehicles pursuant to Section 4750.1 of the Vehicle Code, 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 750 vehicles that meet the
criteria described in subdivision (a) that are presented to that
department for registration pursuant to Section 4750.1 of the Vehicle
Code. The 750-vehicle limitation does not apply to the renewal of
registration of a vehicle registered pursuant to Section 4750.1 of
the Vehicle Code.
(d) The registered owner of a specially constructed vehicle that
is currently registered or incorrectly registered may change the
vehicle's registration by complying with the requirements of
subdivision (a).
SEC. 2. Section 4750.1 of the Vehicle Code is
amended to read:
4750.1. (a) If the department receives an application for
registration of a specially constructed passenger vehicle or pickup
truck and the vehicle has not been previously registered, the vehicle
shall be inspected pursuant to Section 44017.4 of the Health and
Safety Code, for purposes of determining the model-year and the
emissions inspection requirements for the vehicle.
(b) For a vehicle that participated in the amnesty program in
effect from January 1, 2010, until December 31, 2010, pursuant to
Section 9565, the model-year of the previous registration shall be
the calendar year of the year in which the vehicle owner applied for
amnesty.
(c) (1) The Bureau of Automotive Repair may charge the vehicle
owner who applies to participate in the amnesty program a fee for
each referee station inspection conducted pursuant to Section 9565.
The fee shall be one hundred sixty dollars ($160) and shall be
collected by the referee station performing the inspection.
(2) A contract to perform referee services may authorize direct
compensation to the referee contractor from the inspection fees
collected pursuant to paragraph (1). The referee contractor shall
deposit the inspection fees collected from the vehicle owner into a
separate trust account that the referee contractor shall account for
and manage in accordance with generally accepted accounting standards
and principles. Where the department conducts the inspections
pursuant to Section 9565, the inspection fees collected by the
department shall be deposited into the Vehicle Inspection and Repair
Fund.
