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California Bill to Exempt Pre-1983 Vehicles from Emissions Inspections Introduced

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Dana Strong

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I bought a '69 IH truck at action couple years ago. The Calif DMV will not allow me to put it in my name and/or put the vehicle on non-op. They want it smog tested, registered and weighed first. I can't get it registered until it passes smog and it can't pass smog until I get it running. And I can't put it in my name until it passes smog. And I can't put it on non-op until it's in my name and registered. So it sits in my backyard with no legal owner until I finish its restoration. Then hope I don't get hit with ten years of back registration fees.
In the (online) Ca. Vehicle Code, look up sections 5004, 5051, 5052 , 4600 and 4604. Those should answer most of the questions and you can cite them when you argue with DMV agents who don't know the situation. In my old notes, I have a phone number I think I once used when I had a somewhat similar situation; it is (916) 657-8035 and another that might help is (916) 657-6560. Assuming those are Sacramento DMV offices, be prepared for long waits on Hold...

If any of those sections help, feel free to explain your results here afterward.
 

Patrick Morris

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Yes, I was also going to mention, CARB measures CO2, as a percentage, during a smog test. (Same is true for O2.) But there is no max allowable, like there is for HC, CO, and NOx.
 
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Patrick Morris

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And I can't put it on non-op until it's in my name and registered. So it sits in my backyard with no legal owner until I finish its restoration. Then hope I don't get hit with ten years of back registration fees.
Who would they bill for those 10 years, since it wasn't "yours" during that time? LOL And it was never driven on a public road anyway during that time (hard to prove maybe, but also hard for them to disprove.) Yeah it's a weird situation. I assume you have the pink slip, right?
 

TBAKPhi22

Binder Driver
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Palo Alto, CA
Getting a bit off topic with the registration, but yea you need to talk to someone else (or the manager) at the dmv. I had no problem with my 75, and thats right on the borderline..

For the O2, I thought it did have a Max on the test? If it was high, it meant there was an exhaust leak and it would fail. Thats back in just the "sniffer" days, not sure if its changed since then.
 

Darrel

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Who would they bill for those 10 years, since it wasn't "yours" during that time? LOL And it was never driven on a public road anyway during that time (hard to prove maybe, but also hard for them to disprove.) Yeah it's a weird situation. I assume you have the pink slip, right?

Good thing the date on the bill of sale is very recent. hint hint. :)
 

Patrick Morris

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Yeah, I am not holding my breath either. I sent a couple of emails to my local state congress guy, for all the good it will do. What's in it for him? Does nothing toward the overall agenda of making CA an internal-combustion free, gun free utopia by 2030-whatever.
 

BajaIH

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Yeah, I am not holding my breath either. I sent a couple of emails to my local state congress guy, for all the good it will do. What's in it for him? Does nothing toward the overall agenda of making CA an internal-combustion free, gun free utopia by 2030-whatever.
I do not know any elected official in my voting arena (city, county, state or Federal office) that would likely support it. I sent an email to my state assembly person. She helped chase Elon Musk out of CA, so I doubt my email will help much.
 

Gunfighter97

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How can 6 pounds of gasoline create 19 pounds of Carbon dioxide?

It seems impossible that a gallon of gasoline, which weighs about 6.3 pounds, could produce 20 pounds of carbon dioxide (CO2) when burned. However, most of the weight of the CO2 doesn't come from the gasoline itself, but the oxygen in the air.
When gasoline burns, the carbon and hydrogen separate. The hydrogen combines with oxygen to form water (H2O), and carbon combines with oxygen to form carbon dioxide (CO2).
CO2 molecule with one carbon atom (atomic weight 12) and two oxygen atoms (atomic weight of 16 each)
A carbon atom has a weight of 12, and each oxygen atom has a weight of 16, giving each single molecule of CO2 an atomic weight of 44 (12 from carbon and 32 from oxygen).
Therefore, to calculate the amount of CO2 produced from a gallon of gasoline, the weight of the carbon in the gasoline is multiplied by 44/12 or 3.7.
Since gasoline is about 87% carbon and 13% hydrogen by weight, the carbon in a gallon of gasoline weighs 5.5 pounds (6.3 lbs. x .87).
We can then multiply the weight of the carbon (5.5 pounds) by 3.7, which equals 20 pounds of CO2!​

Data Sources
I know I'm way late to the party for this, was scrolling looking for something else, but isn't CO2, ya know, one of those things plants need to live?

At least there is some representation left here. Even if it is consistently ignored.

Sent from my LM-V600 using Tapatalk
 

RinTX

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They sell CO2 generators for greenhouse growers...

I recently heard a rumor that there is a proposal floating around the EPA that would ban any modifications from factory on any vehicle...
 

Dodgers53

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Austin, TX
The green mindset is well entrenched at the CARB. Pushing a bill like this is tilting at windmills, especially now, in light of the state's budget issues. I retired from CA state service last year, now living in Texas. The other day I received my renewal for my 2011 Sequoia from the DMV (they had my current address and can't figure out I don't live in the state? What's up with that?). Something like $475. Felt sooooo good to toss it in the trash.
Just a warning, my mom did the same thing. Moved CA->TX and did not pay attention to the CA DMV letters anymore. I shit-you-not, they garnished the money from her checking account. They have the power to do it, and do not hesitate to use that power. I just spent the last 4 months trying to get it back for her. Just a heads-up you should get that sorted out.
 

Patrick Morris

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I recently heard a rumor that there is a proposal floating around the EPA that would ban any modifications from factory on any vehicle...
I glanced at a news story along those lines the other day. Didn't actually read it though. Such a thing would put a huge industry completely out of business.
 

Dana Strong

Lives in an IH Dealership
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Just a warning, my mom did the same thing. Moved CA->TX and did not pay attention to the CA DMV letters anymore. I shit-you-not, they garnished the money from her checking account. They have the power to do it, and do not hesitate to use that power. I just spent the last 4 months trying to get it back for her. Just a heads-up you should get that sorted out.
That sounds like the beginning of a good Federal lawsuit. I'd contact a group like Pacific Legal Foundation and go after the state. California has no legal jurisdiction to tax the private vehicle of anyone who doesn't live in the state, or permanently keep it there. That's a clear U.S. Constitutional principle.
 

Gunfighter97

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That sounds like the beginning of a good Federal lawsuit. I'd contact a group like Pacific Legal Foundation and go after the state. California has no legal jurisdiction to tax the private vehicle of anyone who doesn't live in the state, or permanently keep it there. That's a clear U.S. Constitutional principle.
What he said.

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Patrick Morris

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From the track record of some of these regulators, it seems clear. They don't care.
They probably don't. But I think a huge lobby might form to fight it. That was kind of the point I was getting around to. Gonna be some pushback on various levels.
 

Ron A

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They probably don't. But I think a huge lobby might form to fight it. That was kind of the point I was getting around to. Gonna be some pushback on various level
Which why you never give up. In any event this was amended two days ago.

AMENDED IN ASSEMBLY APRIL 13, 2021​
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION​
ASSEMBLY BILL
NO. 220


Introduced by Assembly Member Voepel​

January 11, 2021​

An act to amend Section 44011 of the Health and Safety Code, relating to vehicular air pollution.

LEGISLATIVE COUNSEL'S DIGEST​

AB 220, as amended, Voepel. Smog check: exemption.
Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model-year. model year.
This bill instead would also exempt from the biennial smog check program inspections all motor vehicles manufactured prior to the 1983 model-year. after the 1976 model year but prior to the 1983 model year if the owner submits proof that the motor vehicle is insured as a collector motor vehicle.

DIGEST KEY​

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no


BILL TEXT​


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:​

SECTION 1.​

Section 44011 of the Health and Safety Code is amended to read:

44011.​

(a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following:
(1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles.
(2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months.
(3) (A) All motor vehicles manufactured prior to the 1983 model-year. 1976 model year.
(B) All motor vehicles manufactured after the 1976 model year but prior to the 1983 model year if the owner of the vehicle complies with the requirement specified in paragraph (1) of subdivision (c).

(4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model-years old.
(B) (i) Beginning January 1, 2005, all motor vehicles six or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act.
(ii) Notwithstanding clause (i), beginning January 1, 2019, all motor vehicles eight or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act.
(iii) Clause (ii) does not apply to a motor vehicle that is seven model-years old in year 2018 for which a certificate of compliance has been obtained.
(C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply:
(i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emission control system or would fail for other cause a smog check test as specified in Section 44012.
(ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state.
(iii) The vehicle is being registered as a specially constructed vehicle.
(iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing.
(D) This paragraph does not apply to diesel-powered vehicles.
(5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection.
(6) All motor vehicles that the department determines would present prohibitive inspection or repair problems.
(7) 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.
(8) (A) All diesel-powered vehicles manufactured prior to the 1998 model-year. model year.
(B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.
(C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles.
(D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater.
(b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas.
(c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 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 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.
 

Ron A

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"The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emission control system or would fail for other cause a smog check test as specified in Section 44012."

I found this interesting. I guess this is when they install smog sniffers and check emission at off ramps. If you flunk you are apt to get a letter in the mail?
 
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