California smog check statute quoted verbatim

["Watry, Andrew (LNG-SFR)" <Andrew.Watry@domain.elided>]

Here is what California law will provide as of 1/1/03 regarding smog checks,
from California Vehicle Code Section 4000.1. This section was significantly
amended in 1997 by Calif. Stats. 1997 ch. 801 ' 2 (SB 42) to provide the
current exemption scheme.  It was amended again in 2002 by Calif. Stats.
2002 ch. 127 ' 1 (AB 2303), effective 1/1/03, which amended only (d)(1) to
the language show below:

"(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.

*** (text omitted)

(d)  Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
	(1)  The initial application for transfer is submitted within the
90-day validity period of a smog certificate as specified in Section 44015
of the Health and Safety Code.
	(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)  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."

*** (text omitted)

To paraphrase, for the old cars we're talking about, 4000.1(a) requires smog
checks unless the car falls under 4000.1(d), which under (d)(6) before
1/1/03 exempts cars "manufactured prior to the 1974 model-year" and under
(d)(7) from 1/1/03 exempts a "motor vehicle that is 30 or more model-years
old".  So during 2003 cars up through 1973 are still exempted, then in 2004
that will sweep in 1974 cars, in 2005 it will include 1975 cars, etc. At
least as I read it.  This is subject to change every year if the Calif.
legislature decides to amend Section 4000.1.

Andrew Watry
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