CHAPTER 5. Motor Vehicle Inspection Program
Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2.
§§ 44000–44127 · 132 sections
ARTICLE 1. General §§ 44000–44005 · 12 sections
- § 44000 By the enactment of the 1994 amendments to this chapter made pursuant to the act that added this section, the Legislature hereby declares its intent to meet or…
- § 44000.1 It is the intent of the Legislature that the amendments made to this part by the act that added this section during the 1999–2000 Regular Session not…
- § 44000.5 (a) The Legislature further finds and declares that the motor vehicle inspection and maintenance program implemented under this chapter has, since 1984,…
- § 44001 (a) The Legislature hereby finds and declares that California has been required, by the amendments enacted to the Clean Air Act in 1990, and by regulations…
- § 44001.1 (a) The Legislature finds and declares that additional reductions of motor vehicle emissions could be achieved by effective repairs to motor vehicle emission…
- § 44001.3 The Legislature hereby finds and declares as follows: (a) Under the state’s previous smog check program, a motor vehicle owner could obtain unlimited repair…
- § 44001.5 (a) A duty of enforcing and administering this chapter is vested in the chief of the bureau who is responsible to the director. (b) The department shall take…
- § 44002 The department shall have the sole and exclusive authority within the state for developing and implementing the motor vehicle inspection program in accordance…
- § 44003 (a) (1) An enhanced motor vehicle inspection and maintenance program is established in each urbanized area of the state, any part of which is classified by the…
- § 44003.5 (a) Notwithstanding any other law, an enhanced motor vehicle inspection and maintenance program, including the provisions of Section 44010.5, is established in…
- § 44004 (a) The motor vehicle inspection program provided by this chapter, when implemented in a district, shall supersede and replace any other program for motor… see note
- § 44005 (a) The Department of Motor Vehicles shall cooperate with the department in implementing any changes to enhance the program to achieve greater efficiency, cost…
ARTICLE 2. Program Requirements §§ 44010–44025 · 31 sections
- § 44010 The motor vehicle inspection program shall provide for privately operated stations which shall be referred to as smog check stations and are authorized…
- § 44010.5 (a) The department shall implement a program with the capacity to inspect that portion of the total state vehicle fleet subject to inspection each year in the…
- § 44011 (a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially…
- § 44011.1 For purposes of Section 44011, the term “registered within an area designated for program coverage” includes any vehicle registered pursuant to the Vehicle…
- § 44011.3 Every motor vehicle that is subject to testing pursuant to this chapter may be pretested. As used in this section, a pretest is a smog inspection in which the…
- § 44011.5 Documentation that a motor vehicle is exempt from the requirements of Section 44011 may not be based solely on the owner’s statement that the vehicle is in an…
- § 44011.6 (a) The use of a heavy-duty motor vehicle that emits excessive smoke is prohibited. (b) (1) As expeditiously as possible, the state board shall develop a test…
- § 44012 The test at the smog check stations shall be performed in accordance with procedures prescribed by the department and may require loaded mode dynamometer…
- § 44012.1 (a) The department shall incorporate a visible smoke test into the motor vehicle inspection and maintenance program by January 1, 2008. Any visible smoke from…
- § 44013 (a) (1) The department, in cooperation with the state board, shall prescribe maximum emission standards to be applied in inspecting motor vehicles under this… see note
- § 44013.5 (a) If the department, in consultation with the state board, determines that substantial demand for emission retrofit devices exists, the department shall…
- § 44014 (a) Except as otherwise provided in this chapter, the testing and repair portion of the program shall be conducted by smog check stations licensed by the…
- § 44014.2 (a) The department shall develop a program for the voluntary certification of licensed smog check stations, or the department may accept a smog check station…
- § 44014.4 (a) A licensed smog check station that has been certified pursuant to Section 44014.2 may advertise that fact, and the advertisement may include the scope of…
- § 44014.5 (a) The enhanced program shall provide for the testing and retesting of vehicles in accordance with Sections 44010.5 and 44014.2 and this section. (b) The…
- § 44014.6 (a) The inspection-based performance standards created for the certification program established pursuant to subdivision (a) of Section 44014.2 and subdivision…
- § 44014.7 (a) The department shall require 2 percent of the vehicles required to obtain a certificate of compliance each year in enhanced program areas to receive their…
- § 44015 (a) A licensed smog check station shall not issue a certificate of compliance, except as authorized by this chapter, to any vehicle that meets the following…
- § 44015.5 (a) A certificate of compliance shall not be issued to any new motor vehicle or motor vehicle with a new motor vehicle engine which is not certified by the…
- § 44016 The department shall, with the cooperation of the state board and after consultation with the motor vehicle manufacturers and representatives of the service…
- § 44017 (a) Except as otherwise provided in this section or Section 44017.1, a motor vehicle owner shall qualify for a repair cost waiver only after expending at least…
- § 44017.1 (a) For purposes of this section, “low-income motor vehicle owner” means a person whose income does not exceed 185 percent of the federal poverty level. (b)…
- § 44017.3 (a) The department shall provide a licensed smog check station with a sign informing customers about options when their vehicle fails a biennial smog check…
- § 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…
- § 44017.5 At the earliest possible date, as determined by the bureau, the bureau shall implement at the referee stations, where appropriate, an alternative workday…
- § 44018 (a) The motor vehicle inspection program may include advisory safety equipment maintenance checks, fuel efficiency checks, or both, on the motor vehicle if the…
- § 44019 (a) Every public agency, including, but not limited to, a publicly owned public utility, owning or operating any motor vehicle that is exempt from annual…
- § 44020 Notwithstanding any other provision of this chapter, the department may license any registered owner of a fleet of 10 or more motor vehicles subject to this…
- § 44024 (a) The department, in cooperation with the state board, shall investigate new technologies, including the role of onboard diagnostic systems in vehicles, as a…
- § 44024.5 (a) The department shall compile and maintain statistical and emissions profiles and data from motor vehicles that are subject to the motor vehicle inspection…
- § 44025 The department shall act as a clearinghouse to provide access to the vendors who possess service information generated by the vehicle manufacturers.
ARTICLE 3. Quality Assurance §§ 44030–44045.6 · 23 sections
- § 44030 (a) The department shall develop standards for the licensing of smog check stations. Tests, service, and adjustment at smog check stations shall be performed…
- § 44030.5 The department shall develop standards for certification of institutions and instructors for purposes of providing training of smog check mechanics. The…
- § 44031.5 (a) No smog check technician may perform tests or make repairs required by this chapter, for compensation, unless qualified by the department for the class and…
- § 44032 No person shall perform, for compensation, tests or repairs of emission control devices or systems of motor vehicles required by this chapter unless the person…
- § 44033 (a) (1) Any facility meeting the requirements established by the department pursuant to this chapter may be licensed as a test-only, test and repair, or…
- § 44034 Annual license fees for smog check stations and biennial license fees for smog check technicians shall be imposed by the department, but shall not exceed the…
- § 44034.1 The department may impose an examination fee, sufficient to recover the reasonable cost of administering, developing, and updating the examination, for initial…
- § 44035 (a) A smog check station’s license or a qualified smog check technician’s qualification may be suspended or revoked by the department, after a hearing, for…
- § 44036 (a) The consumer protection-oriented quality assurance portion of the motor vehicle inspection program shall ensure uniform and consistent tests and repairs by…
- § 44036.1 The department may require that equipment manufacturers, submitting equipment for certification pursuant to Section 44036, submit proof of financial security,…
- § 44036.2 (a) To ensure uniform and consistent inspection, tests, and repairs by all qualified smog check technicians and licensed smog check stations, and to ensure…
- § 44036.3 (a) The department shall direct licensed smog check stations and technicians to private diagnostic assistance service information vendors or intermediaries who…
- § 44036.5 (a) The department shall set standards for test analyzer system (TAS) calibration gases and shall establish criteria to certify and decertify gas blenders who…
- § 44036.8 The data collected by the equipment used by a smog check station, as required by regulations of the bureau, may be used by a licensed smog check station…
- § 44037 (a) The department shall compile and maintain records, using the sampling methodology necessary to ensure their scientific validity and reliability, of tests…
- § 44037.1 (a) On or before January 1, 1995, the department shall design and establish the equipment necessary to operate a centralized computer data base and computer…
- § 44037.2 (a) The department may enter into a contract for telecommunication, programming, data analysis, data processing, and other services necessary to operate and…
- § 44038 Until implementation of the centralized computer data base required pursuant to Section 44037.1, each smog check station shall transmit vehicle data and…
- § 44039 A written summary of the required information applicable to smog check stations in each district shall be published semiannually by the department and made…
- § 44040 The department may require certificates of compliance, certificates of noncompliance, and repair cost waivers to contain a unique number encoded in bar code.…
- § 44041 In order to expedite emissions testing and to eliminate errors in the transcription of vehicle data, the department shall, in cooperation with the Department…
- § 44045.5 (a) This section describes the qualifications to be met by smog check technician applicants effective January 1, 1995. The department shall, by regulation,…
- § 44045.6 (a) The department shall, by regulation, establish requirements for the training of smog check technicians which are necessary to enable the program to meet…
ARTICLE 4. Penalties §§ 44050–44059 · 8 sections
- § 44050 (a) In addition to or in lieu of any other remedy or penalty, including, but not limited to, education, training, or an office conference, the department may…
- § 44051 (a) If a person cited pursuant to Section 44050 wishes to contest the citation, that person shall, within 30 days after service of the citation, file in…
- § 44052 (a) If a citation lists more than one violation, the amount of the civil penalty or administrative fine assessed shall be stated separately for each statute…
- § 44055 (a) Any failure by an applicant for a license or for the renewal of a license, or by any partner, officer, or director thereof, to comply with the final order…
- § 44056 (a) In addition to an administrative fine pursuant to Section 44050, any person who violates this chapter, or any order, rule, or regulation of the department…
- § 44057 A continuing violation of any provision of this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, may be enjoined…
- § 44058 Any person who violates this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, is guilty of a misdemeanor and…
- § 44059 The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or…
ARTICLE 5. Financial Provisions §§ 44060–44063 · 8 sections
- § 44060 (a) The department shall prescribe the form of the certificate of compliance or noncompliance, repair cost waivers, and economic hardship extensions. (b) The…
- § 44060.5 (a) Beginning July 1, 2008, the smog abatement fee described in subparagraph (A) or (C) of paragraph (1) of subdivision (d) of Section 44060 shall be increased…
- § 44061 The fees and penalties collected by the department pursuant to this chapter shall be deposited in the Vehicle Inspection and Repair Fund in accordance with the…
- § 44062 The Vehicle Inspection Fund and the Automotive Repair Fund are hereby abolished. The balances in those funds are hereby transferred to the Vehicle Inspection…
- § 44062.1 (a) The department shall offer a repair assistance program through entities authorized to perform referee functions. (b) (1) The repair assistance program…
- § 44062.2 (a) The state board shall adopt, by regulation, procedures to establish an emissions credit exchange program whereby persons may contribute to the Vehicle… see note
- § 44062.3 (a) The owner of a motor vehicle that has been registered without substantial lapse, as defined by the department, in the state for at least two years prior to…
- § 44063 (a) There may be transferred into the Vehicle Inspection and Repair Fund the proceeds of the litigation known as M.D.L. Docket No. 150 AWT, as adjudicated in…
ARTICLE 6. Public Information §§ 44070–44071 · 3 sections
- § 44070 (a) The department shall develop within the bureau, with the advice and technical assistance of the state board, a public information program for the purpose…
- § 44070.5 (a) The department shall develop and continuously conduct a public information program, in consultation with the state board. The program shall be designed to…
- § 44071 For purposes of implementing the smog check public awareness and emissions warranty information programs, the department shall use funds from the fee charged…
ARTICLE 7. Denial, Suspension, and Revocation §§ 44072–44072.11 · 12 sections
- § 44072 Any license issued under this chapter and the regulations adopted pursuant to it may be suspended or revoked by the director. The director may refuse to issue…
- § 44072.1 The director may deny a license if the applicant, or any partner, officer, or director thereof, does any of the following: (a) Fails to meet the qualifications…
- § 44072.2 The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee, or any partner, officer, or…
- § 44072.3 A plea or verdict of guilty or a conviction following a plea of nolo contendere is a conviction within the meaning of this article. The director may order the…
- § 44072.4 The director may take disciplinary action against any licensee after a hearing as provided in this article by any of the following: (a) Imposing probation upon…
- § 44072.5 Upon the effective date of any order of suspension or revocation of any license governed by this chapter, the licensee shall surrender the license to the…
- § 44072.6 The expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a…
- § 44072.7 All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with…
- § 44072.8 When a license has been revoked or suspended following a hearing under this article, any additional license issued under this chapter in the name of the…
- § 44072.9 After suspension of the license upon any of the grounds set forth in this article, the director may reinstate the license upon proof of compliance by the…
- § 44072.10 (a) Notwithstanding Sections 44072 and 44072.4, the director, or the director’s designee, pending a hearing conducted pursuant to subdivision (e), may…
- § 44072.11 (a) The department may refuse to issue or renew a license for a smog check station or technician who is subject to a 60-day suspension pursuant to Section…
ARTICLE 8. Gross Polluters §§ 44080–44086 · 6 sections
- § 44080 The Legislature finds and declares as follows: (a) California’s air is the most polluted in the nation and the largest source of that pollution is automobiles.…
- § 44081 (a) (1) The department, in cooperation with the state board, shall institute procedures for auditing the emissions of vehicles while actually being driven on…
- § 44081.6 (a) The California Environmental Protection Agency, the state board, and the department, in cooperation with, and with the participation of, the Environmental…
- § 44084 In addition to other programs authorized in this article, a district may, on or after March 1, 1993, establish programs to identify gross polluters and other…
- § 44085 Districts may establish procedures to generate marketable emission reduction credits from programs established pursuant to Section 44084. Emission reduction…
- § 44086 Each district shall, in establishing, reviewing, or updating the plan required by Chapter 10 (commencing with Section 40910) of Part 3, consider the relative…
ARTICLE 9. Repair or Removal of High Polluters §§ 44090–44096 · 9 sections
- § 44090 For purposes of this article, the following terms have the following meanings: (a) “Account” means the High Polluter Repair or Removal Account created pursuant…
- § 44091 (a) The High Polluter Repair or Removal Account is hereby created in the Vehicle Inspection and Repair Fund. All money deposited in the account pursuant to…
- § 44091.1 (a) Revenue from the fee specified in subparagraph (A) or (C) of paragraph (1) of subdivision (d) of Section 44060 shall be allocated as follows: (1) The…
- § 44091.2 It is the intent of the Legislature that if the impact fee imposed pursuant to Section 6262 of the Revenue and Taxation Code is ruled unconstitutional by an…
- § 44092 The high-polluter repair or removal program shall be designed to repair or remove motor vehicles registered in this state that are subject to an inspection and…
- § 44093 The repair of high polluters under the program shall be designed to offer repair cost assistance to qualified low-income motor vehicle owners for vehicles that…
- § 44094 (a) Participation in the high polluter repair or removal program specified in this article and Article 10 (commencing with Section 44100) shall be voluntary…
- § 44095 (a) The department shall administer the program in accordance with regulations adopted by the department. (b) (1) Nothing in this article shall be construed as…
- § 44096 (a) The state board shall review and assess the potential cost-effectiveness, in terms of dollars per ton of emissions reduced, of emissions reduction devices…
ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program §§ 44100–44122 · 14 sections
- § 44100 The Legislature hereby finds and declares as follows: (a) Emission reduction programs based on market principles have the potential to provide equivalent or…
- § 44101 Not later than December 31, 1998, the state board shall adopt, by regulation, a statewide program to commence in 1999 that does all of the following: (a)…
- § 44102 (a) The state board, the Department of Motor Vehicles, and the department shall harmonize the requirements and implementation of this program with the motor…
- § 44103 Notwithstanding any other provision of law, the program shall also do both of the following: (a) Authorize the Department of Motor Vehicles, at the request of…
- § 44104 (a) Funds shall be available to the state board from the High Polluter Repair or Removal Account created pursuant to subdivision (a) of Section 44091. Those…
- § 44104.5 (a) The regulations adopted pursuant to subdivision (a) of Section 44101 shall include a plan to guide the execution of the first two years of the program, to…
- § 44105 The regulations shall specify that the program shall be operated as a privately operated program under the oversight of a state agency to be designated by the…
- § 44106 The program shall include provisions for monitoring and preventing all forms of tampering or other forms of cheating, and shall effectively address “avoidance…
- § 44107 The program shall discourage tampering and other forms of cheating, and effectively address “avoidance vehicles,” such as nonregistered vehicles and vehicles…
- § 44109 The program shall include appropriate means to solicit vehicle owners, including mass mailings, media advertising, news coverage, and direct mail to owners of…
- § 44115 The program shall ensure that vehicle purchase transactions are convenient to vehicle owners, including advance screening to reasonably assure that vehicles…
- § 44120 Vehicle disposal under the program shall be consistent with appropriate state board guidance and provisions of the Vehicle Code dealing with vehicle disposal…
- § 44121 The state board shall develop standards for the certification and use of emission reduction credits to ensure that the credits are real, surplus, and…
- § 44122 Emission reductions achieved from retired vehicles shall be quantified as follows: (a) Vehicle emissions shall be based on either direct testing, statistical…
ARTICLE 11. Enhanced Fleet Modernization Program §§ 44124–44127 · 6 sections
- § 44124 For purposes of this article, the following terms have the following meanings: (a) “Car sharing” has the same meaning as in Section 44258. (b) “Clean Cars 4…
- § 44124.5 (a) The Clean Cars 4 All Program is hereby established and is to be administered by the state board to focus on achieving reductions in the emissions of…
- § 44125 (a) (1) No later than July 1, 2009, the state board, in consultation with the bureau, shall adopt a program to commence on January 1, 2010, that allows for the…
- § 44125.5 Beginning no later than July 1, 2019, and every year thereafter, the state board, for both the program and Clean Cars 4 All, shall collect and post on its…
- § 44126 The Enhanced Fleet Modernization Subaccount is hereby created in the High Polluter Repair or Removal Account. All moneys deposited in the subaccount shall be…
- § 44127 (a) Upon appropriation by the Legislature, the state board may allocate moneys for the expansion of the replacement component or mobility option component of…