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> More on AB2683, Repeal of the 30 year smog exemption
lapuwali
post Apr 27 2004, 03:50 PM
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Not another one!
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Been watching this one.

An analysis done on the 21st stated that an obstacle to the law is the DMV states they need to know if 1976 cars will be exempt or not by July of this year in order to get proper notification out to owners of 1976 cars. However, with the legislative process being what it is, the analyst felt that it couldn't get to Schwarzenegger's desk before September. So, they suggested moving the cutoff to 1977 to solve the timing problem with the DMV.

So far, no word on whether or not this will happen. If so, all 914s would be exempt, and they'd be COMPLETELY exempt, as in they'd be exempt from the regulation, not just the test. If not, there's a chance this may die in the appropriations committee (where it's sitting now) from lack of attention. In any case, there's a decent chance owners of '76s be able to escape this. If it were reintroduced next session, it would have to have a '77 or later cutoff date.
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dmenche914
post Apr 28 2004, 11:08 AM
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I believe much of the San Fransisco Bay Area was recently added to the enhanced tests, which mean dyno testing, just recently got that notice for my Triumph, and upon calling the authorities, it was confirmed. Some outlaying rural areas are exempt (such as coastal area of San Mateo County) But I live smack in the middle of the SF penninisula, and get the privalage of the dyno test, and stricter requirements.

Also when smog II came along, i recall the talk was the state had decreased the levels of smog allowed to pass, and that was one of the points of the law that was resisted so much, that the new law imposed limits that the cars where never designed to meet. I'll need to confirm this, but this is what I recall was taking place)

At anyrate, when the Triumph was new in 1980, there was no requirement for a dyno test or NOx. We can blame it on technology improvements or what ever, but the fact is when the car was built, no such tests were required, and now they are, compliments of an all knowing, all powerful state government, that can't seem to do anything but screw up.

I do not think retroactive law would apply anyway, this isn't a case of retro active or not. To be retro active, would mean the law would get me for past errors in my ways, say they have old smog data from a test ten years ago on a car, that under law ten years ago that car passed. Then say they look up that old data, and say, hey you dumb citizen, we have changed the requirements today, and found by looking back at old records that you failed ten years ago based on the new levels, therefore we will fine you or confiscate your property. That would be retoactive, and possibly illegal by the Constitution or Bill of Rights (not that that means much to many politicians these days, it is a living document, and can change with the wind)
To make new requirments today, to be used on future tests is not retroactive (this will be the view of the politicians, not mine)

Kind of like a tax increase, yeah they can raise them every year if they want, but the new rate does not apply to your income ten years ago, only to current income, so this is not a case of retroactive, it would be if they raised taxes, and then gave you a new higher bill for the last ten years of earnings, that would be retroactive.


at anyrate, the smog laws are a mess, and very illogical, the worst part is the equipment inspection, which will fail a car even if it is pumping out clean rose smelling oxygen all day long, it will still fail for the wrong widget installed or what ever. Even a missing check engine light will fail a car, yeah, a fucking light on your dash (or lack there of) will fail your car in California.

Or how about the the requirement of no modifications, even if that modificaton results in less tail pipe emissions, yes that is right, in California, if I tried to put a powerful, fuel injected engine in my Triumph, even if it burns 50 times cleaner than the current engine, it would be illegal, unless the modifications are from a carefully selected (and very limited) list of approved modifications, which leaves little if any room for creativity on the part of hobbiests, most of whom being gear heads, engineers, mechanics, or other skilled persons have more common sense in one finger that the entire loony state assembly.

i know of someone who put a V12 Jag motor in the front of a corvair (yeah, thats right, in the front) very talented person no doubt, very clean install, he did'nt use the Jags carbs, no, he modified two each Buick V6 FI systems (one for each side) to get the fuel to his engine. With this modern system on his car, he no doubt burned cleaner than that old carbed Corvair ever did. It was an amazing job, showed off his extreme talent at engineering. Good thing the choose a 1960's car to modify, as they are (for now) not required to be tested (but technically are still illegal to modify, just not tested) If he had choosen a newer model car to create his own engine in, he'd have been screwed.
(and he is still at risk, if the state ever decides to go back and start testing older cars again, and that has happened in the past, read on)

i knew someone that had a Sunbeam in college days, had a supped up modified engine, there was no test requirement back then, then one year the State decided to start testing cars for the first time. the State didn't start the testing with the current year, no the state went back many years for the test requirement (I believe it was back to 1966) this guy had to get rid of the car, as it would have cost to much to make the car back to original, and besides, even if he could afford it, he had no more interest in the car after all that crap, he sold it for a big loss. So how is that for retroactive? The state never even tried to smog it, didn't care if it burned clean or not, it failed for equipment modifications, modifications that were made prior to the smog test law.

Anyone that upgrades their 914 could run in to the same thing if the state decided to go back and test cars that are currently exepmt from testing. The state has done it in the past, and might do it again

So watch out, this is the biggest threat to the enjoyment of our cars.

dave
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