Navigating California Emissions Regulations for Vehicles from Other States
What to Know About California Emissions Requirements
California has unique emissions standards, distinct from federal ones, that regulate the allowable amount of smog-causing substances a vehicle can emit into the air. Emission testing is not required in all parts of California. The California Vehicle Code provides a list of areas known to be substantially affected by motor vehicle emissions, including the greater Los Angeles area, San Diego, Sacramento and San Francisco. In these areas, smog check stations are basically the same as your typical vehicle smog testing stations where you bring your car to have the periodic test conducted.
Your vehicle is not subject to the testing requirement or the penalties for failing to abide by it unless you are a permanent resident in one of the above metropolitan areas, or you have registered your vehicle in one of those counties for more than 10 days in a row . The tests look for exhaust emissions as they relate to the smog check program. It also involves vacuum hose inspections to detect vapor control system defects, other than the fuel system. There is much more information on the California Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation site.
As with most violations of the Vehicle Code, there are a number of defenses. False results may indeed be false for example, as the test is not always accurate. Your vehicle may have experienced some kind of malfunction or other serious problem that has existed when the test was performed. Finally, the underlying charge must reflect the requirement you violated. It is possible the Department of Motor Vehicles assigned the wrong violation in the first place.
Your Checklist for Driving a Vehicle in California from Another State
- (1) Arrive in California with your vehicle.
- (2) Within 20 Days, file an Application for Title. The following documents must be included with the application: (a) Statement of Facts (regarding the out-of-state vehicle’s previous registration); (b) current out-of-state title; (c) California bill of sale (if the out-of-state title is from Alaska, issue a Form REG 262 – Statement Regarding Application for Replacement or Transfer of Title); and (d) Payment of appropriate use tax to the DMV or a certificate of non-use.
- (3) Within 20 days of arrival in California, go to the Department of Motor Vehicles (DMV) or authorized terminal agent. You can complete most of the title application process online through the DMV website. You must file an Application for Title and registration fee. The DMV will then mail you an official title from Sacramento. It’s important to file your application as soon as possible so that the DMV may issue a valid unexpired California permit to operate your vehicle while your application is pending.
- (4) If the California DMV requires a brake and light inspection for your vehicle, you will be required to get the proper inspections to obtain the proper certificates that will allow you to pass any inspection required by the DMV. If you receive an exemption sticker, you must carry the exemption certificate in your vehicle and be able to show it to any law enforcement officer upon request. Your vehicle may have been a candidate for this process if it is from a state that requires no emissions tests. Keep in mind that the DMV can only register vehicles that are in compliance with California’s emissions standards. If your vehicle is not in compliance, the DMV is required to reject your application. But, if the inspection reveals that your vehicle can pass a Smog Check, you will be issued a certificate allowing you to pass a smog check (subject to engine changes and retrofits).
California’s Emissions Testing: Everything You Should Know
Vehicles that are registered for the first time in the state of California must undergo a smog check, a process that includes Emission testing, in order to be registered and drive legally on roads. The California Department of Motor Vehicles (DMV) requires emission testing every two years for 1976 and newer model vehicles or when ownership is transferred into California. Out-of-state vehicles seeking initial license plates and registration in California must also undergo DMV emission testing. Depending on the last digit of the vehicle identification number (VIN), the emission testing could need to be done within 60 days of transferring registration. For out-of-state vehicles that are at least 4 model years old, testing requirements vary according to which county it is being registered in. DMV only requires emissions testing for out-of-state vehicles being registered in non-attainment and maintenance areas based on prevailing Federal and California air quality standards. There are some exceptions to this rule, such as for motor homes, diesel vehicles, motorcycles and electric-powered vehicles. If the vehicle is exempt from emissions testing then it may still be subject to inspection and fees at the time it is registered. The owner of the vehicle should call the local emissions center before attempting to have a vehicle emissions tested. When registering an out-of-state vehicle in California that does not have a current smog certification, it will be required that an emissions technician fill out an Application for Clean Air Vehicle Decal (REG 1000) and obtain an emissions test for the vehicle. They will need to pay for that out-of-state certification regardless of whether or not it passes. If the vehicle fails the smog test, the owner then has the option of performing the repairs in California and having the California emissions test performed. Should the vehicle fail again, the owner must wait an entire year before it can be re-registered in California.
Exemptions and Other Situations
In some circumstances, out-of-state vehicles may not be subject to the California’s emissions laws. For instance, "racing" vehicles that are less than five years old are exempt, as are "special construction equipment" that has been used outside of California for at least 50% of its usage, and "historic" vehicles used as collector’s items that comply with specified requirements.
Additionally, there are numerous vehicles that are explicitly exempted from the smog check requirements. Electric vehicles that have not been modified so that they exceed the manufacturer’s specifications as to range, load carrying capability, drive train horsepower or motor horsepower are exempt, as are vehicles that are exclusively fueled by electricity . Vehicles having a gross vehicle weight rating over 14,000 lbs. (e.g., light-duty trucks) are also exempt, as are engines used to propel those vehicles that are less than or equal to 15 years old with less than 70,000 miles since last tested for emissions (vehicles must still meet all other smog requirements, including the visual test, functional test and evaporative test). Fire fighting equipment and ambulances, as well as buses, taxicabs and vehicles used for student transportation that are permitted under specified federal regulations, are also exempt. Plus, low-pressure fuel systems, which the California Air Resources Board ("CARB") defines as a "fuel system…that operates at less than 15 psig absolute pressure," are exempt.
Penalties for Not Following the Law
California law 17360 requires that all vehicle exhaust emissions be within the specifications set forth in California Code of Regulations, Title 13, Section 1960. These exhaust standards are part of the CARB Vehicle Certification/Compliance program which has recently come under federal scrutiny from the Environmental Protection Agency due to California compliance with those standards. Regardless, all motor vehicle operators must have their vehicles emission tested by a California testing center or their catalytic converter nozzled, even if their vehicle is not subject to CARB emission standards. As an example, if you have a 2003 BMW 745 Li and possess a Pennsylvania registered title (and registration), then you are subject to California testing requirements unless the exhaust or other components which are checked by a California emissions testing center do not meet California standards.
If you do not display a valid 17360 certificate sticker or have the proper nozzles on your catalytic converter system, the consequences can be severe. California law provides a fine of $500 for the first offense. California law allows the California DMV (Department of Motor Vehicles) to revoke your vehicle registrations or to disallow future registration of any vehicle until the matter is resolved. This would mean, for example, that the sale of that out-of-state vehicle would be stopped until you could show the DMV that the vehicle was compliant with California emissions standards. Second offenses may result in increased fines or possibly imprisonment, depending on the circumstances.
In addition, insurance coverage may be adversely affected if the enrolled driver gets caught driving a non-compliant vehicle.
Tips for Smooth Sailing
For those relocating to California from other states, visiting or just passing through, there are some basic emission compliance tips that all should follow. This will not be an all-inclusive list but simply a few "tips" for those with out-of-state vehicles that may need to drive in California. Ensure that the vehicle is well maintained, properly monitored and repaired as needed. Running a diagnostic scan of the emissions system to ensure it is functioning properly is a good first step. Be sure to complete any recommended repairs that may be indicated by the diagnostics (e.g., Check Engine Light, DTC codes, etc.). You should inspect the vehicle for anything that may cause your vehicle to fail a smog inspection. After your own inspection is complete, you are ready to visit a smog check station. Though this may seem frustrating and time consuming, getting a vehicle that is properly equipped and maintained can save you time, money and headaches later. Budget for new equipment. Modifications are common and may be cost prohibitive. In most cases you will have some options but know what you are comfortable paying for and the costs of your options prior to making a decision. Be familiar with the process. Vehicle owners should be familiar with how the registration process works. The DMV requirements and process for changing as a vehicle owner is somewhat cumbersome and can vary from the California DMV website . The average vehicle owner has a large number of important appointments and deadlines and a minor mistake can have a huge financial impact. No matter how many times you visit the same DMV office, the process does not necessarily get easier. The process can be streamlined if you properly prepare and are informed and prepared prior to arrival. If you miss an appointment, do not arrive prepared or are unfamiliar with the process, you can set a timeline back a few weeks or months, depending on your options. Additionally, be familiar with your smog check station of choice and their requirements; each station has its own quirks and will try to make everything as fast as possible, like the DMV, the time you spend there can be a hassle filled game of waiting and confusion. For those relocating to and/or that may conduct business in California: Be prepared, be patient and be informed. There are many uncertainties and costs associated with California emissions laws. Make sure you can meet the requirements prior to hiring and committing to any agreement. Know your rights, find a qualified qualified advisor and know what will work for your vehicle prior to registration. If you are required to get a smog modification or undergo smog testing, inform yourself prior to the test and know what to expect.