|SB 42 Air pollution: vehicles: inspection and maintena
|BILL NUMBER: SB 42 AMENDED
09/05/97
| BILL TEXT
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| AMENDED IN ASSEMBLY SEPTEMBER 5, 1997
| AMENDED IN SENATE FEBRUARY 13, 1997
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|INTRODUCED BY Senator Kopp
| (Coauthors: Senators Knight and Mountjoy)
| (Coauthor: Assembly Member Cunneen)
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| DECEMBER 2, 1996
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| 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.
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| LEGISLATIVE COUNSEL'S DIGEST
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| 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.
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| 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.
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| (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.
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