Help,
I hope I don't open a big can of worms but, what is the smog rule in California reguarding 30 years old or not. I have a non op on my 74. It is a giant pain in the behind to trailer it all over when I need work. I would like to get it registered for the road. It will not pass smog now. It was a 4 now it's a six. Anybody have any ideas?
76 need smog inspection....75 and under don't....technically you need to keep your smog stuff....but......
If you read the new law...there are some loopholes that need to be fixed or can be used if someone steps up and bitches loud enough....like build date versus model year...
I was told that its been recently capped off at 75 by the Governator.
You should not have a problem.
Your car should be smog exempt.
I had a non-op on my 74 untill last year then I sent in the payment and received my tags.......no smog needed!
Jeff
I did not have to smog my 1975 Carrera to renew.
QUOTE (mikez @ Feb 23 2005, 07:30 AM) |
76 need smog inspection....75 and under don't....technically you need to keep your smog stuff....but...... If you read the new law...there are some loopholes that need to be fixed or can be used if someone steps up and bitches loud enough....like build date versus model year... |
James....have you read AB 2683?
In the preamble it states...."This bill would instead, commencing April 1, 2005, exempt from the smog check requirements, and the smog check compliance requirements, any motor vehicle manufactured prior to the 1976 model-year.".....
To me ....that statement is ambiguous at best....76 model years were introduced in 75...they were made in 75.....
Further in the bill...it exempts NEW cars from inspection for six years instead of four...."I" think that's how they got it to pass...
As to model year versus build date...it's get a "little" clearer...but that preamble language is a hangup....
You really gotta love the state of CA.
From AB 2683 in section (2) it reiterates:
"This bill, commencing April 1, 2005, would instead apply the model-year exemption that is applicable to vehicles registered in this state. This bill will also make clarifying changes."
And from the CA DMV website:
"Smog Check Changes: Ends the rolling exemption for vehicles 30 years old or older and permanently exempts vehicles manufactured prior to 1976. The bill also adjusts Smog Check requirments applicable to collector motor vehicles and increases the $6 smog check fee to $12."
The wishy washy is a pre-1976 model year or a pre-1976 date of manufacture. I'm going to try DMV in person later this week. I'm sure I'll get several different answers.
Bill P.
QUOTE (mikez @ Feb 23 2005, 08:33 AM) |
James....have you read AB 2683? In the preamble it states...."This bill would instead, commencing April 1, 2005, exempt from the smog check requirements, and the smog check compliance requirements, any motor vehicle manufactured prior to the 1976 model-year."..... To me ....that statement is ambiguous at best....76 model years were introduced in 75...they were made in 75..... Further in the bill...it exempts NEW cars from inspection for six years instead of four...."I" think that's how they got it to pass... As to model year versus build date...it's get a "little" clearer...but that preamble language is a hangup.... |
http://www.dmv.ca.gov/pubs/vctop/vc/tocd1.htm
The definition for model year versus date of manufacture or any other combintaion is not on the website under definitions....as one who does interpretation of rules for a living...I find the DMV's reasoning flawed.
Since I don't own a 76 model year vehicle....I don't care how they interpret it personally. I just think it's a badly written law and interpreted incorrectly as written.
QUOTE (mikez @ Feb 23 2005, 01:09 PM) |
http://www.dmv.ca.gov/pubs/vctop/vc/tocd1.htm The definition for model year versus date of manufacture or any other combintaion is not on the website under definitions....as one who does interpretation of rules for a living...I find the DMV's reasoning flawed. Since I don't own a 76 model year vehicle....I don't care how they interpret it personally. I just think it's a badly written law and interpreted incorrectly as written. |
well I'm glad I live in KY....here, we don't have to deal with "Smog" (or Emissions, as we say it in KY) Testing....most people in KY still have horse-drawn carriages and gas lamps lighting the road in front of them
QUOTE (lapuwali @ Feb 23 2005, 01:57 PM) | ||
You're right, it's not in the CVC. It's in Health and Safety: 39038. "Model year" means the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of any vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the chassis. btw, there's LOTS of really interesting stuff in the H&S regs about cars. Most of the emissions related law is there, not in the CVC. It's a $5K fine if you're nailed "tampering" with any emissions device (Sec. 43008), for example. "Ignition timing" is listed specifically as a violation if you "tamper" with it. |
QUOTE (lapuwali @ Feb 23 2005, 01:57 PM) |
btw, there's LOTS of really interesting stuff in the H&S regs about cars. Most of the emissions related law is there, not in the CVC. It's a $5K fine if you're nailed "tampering" with any emissions device (Sec. 43008), for example. "Ignition timing" is listed specifically as a violation if you "tamper" with it. |
So Guys,
If I bring hard copies of these sections highlighted to DMV, do I have a leg to stand on trying to get my "76" (75 manufacture date) classified as a 75?
That would be cool.....
Bill P.
Yup...you can start there....be patient...
QUOTE (lapuwali @ Feb 23 2005, 01:57 PM) | ||
You're right, it's not in the CVC. It's in Health and Safety: 39038. "Model year" means the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of any vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the chassis. btw, there's LOTS of really interesting stuff in the H&S regs about cars. Most of the emissions related law is there, not in the CVC. It's a $5K fine if you're nailed "tampering" with any emissions device (Sec. 43008), for example. "Ignition timing" is listed specifically as a violation if you "tamper" with it. |
Bad news for you rule interpreters! The MY is whatever the manufacturer said it was when the car was certified for sale in the USA. My 1990 Audi 90 was built in March of 1989, and I've seen Coupe Quattros built as early as January. The 20v NA engine used in these cars was only sold in North America as a MY 1990 and 1991 vehicle, despite the early build date. 1990s had airbags, mine doesn't. The sedans didn't have alarms, mine does. You have to look deeper into the way it's done................ The Cap'n
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