What Does The Smog Law Really Mean – Can $200 Save Us From Failing?

smogtestleadartFor as long as I can remember, the big problem in California for automotive enthusiasts has been the Smog test program. Decades ago, we could basically swap any engine we wanted into a car and get away with it. Then in March of 1984 the first Smog Check program was created in California as a joint effort between the California Air Resources Board (CARB) the Bureau of Automotive Repair (BAR) and the Department of Motor Vehicles (DMV) and thus began the immediate decline of engine swaps as we knew it.

ttcamaro

A 1969 Camaro is exempt from biennial testing in California, but that doesn’t make it “smog exempt”.

The first year for the smog check program was for vehicles built after 1965, because in 1966 the first air pump began showing up on cars and trucks. Any vehicle up to 1965 was exempt from testing because the only component that could be remotely considered part of an emission system was the PCV valve (positive crankcase ventilation). The PCV is a component that must be on all vehicles to pass the visual portion of the current smog test.

The BAR put standards in place that said cars were to pass a biennial test, or during a change of ownership, in order for the car to be registered in California. Other states have similar laws and tests that are getting more and more strict every year. In the early years of this program, it was fairly easy to get around the testing because everyone knew someone who would test their car for an exchange of money, food, car parts – or beer if it was a Friday afternoon.

smog2

V8 swaps are popular, but not all of them are completely legal, so you take your chances.

The basic principle behind the testing was that the factory emissions weren’t tampered with, and the car passed the ‘sniff test’ through the tailpipe. Some shops overlooked certain components, and if it was passing through the tailpipe it would get a certificate and the car could be registered.

Other shops weren’t so lenient, and I had my car at a shop where the owner failed me immediately stating headers were not legal on a pollution-controlled motor vehicle – even though my headers had CARB certification by way of an E.O. number (Executive Order). Those who removed their smog pumps and catalytic converters were scrounging for parts to pass the smog test, because without those components the car would fail the visual test.

Loopholes Were Found

In the early years of the program, the rules were very general. The rules stated that the vehicle must have the emissions that came on the car to begin with, but that posed a problem for four-cylinder to V8 swaps. It wasn’t illegal to do an engine swap, but it was impossible to attach four-cylinder emissions components to a V8. So the rules were changed to state that the emissions that came on the engine were to be on the car when an engine swap was done.

v8vega

Vegas were very popular V8 swaps, and swaps that were done prior to the reformed rules in 1987 could get an exemption status.

That rule change opened up a loophole that had California rushing to change the rules again in the late 1980s. With the prior rules, the simple way around the smog program was to install any engine built prior to 1966. Older engines were void of emissions components, so that meant that you could legally swap a 1958 Corvette engine into your 1986 Camaro.

The laws were changed again, and the rule stated that the vehicle had to have the emissions for the engine or the rolling chassis – whichever was later. Installing an early V8 into a donor car with a four- or six-cylinder meant that the emissions had to match the year of the car, not the engine. Installing a later engine into an earlier (1966 or later) vehicle meant the emissions had to match the year of the engine.

smog5

Remember when we used to flip the lids? With smog control, even a K&N CAI like the one above needs to be CARB certified to be smog legal in California.

While some shops were still doing “illegal” smog tests, California continued to find ways to clamp down on the Smog Check program and make sure that people were following the rules. Fines began being imposed upon shops that were performing illegal smog tests, and loss of their smog license was sometimes part of the punishment. Those fines and punishments caused some shops to cease doing illegal smog tests altogether, and other shops upped their prices because of the risks they were taking.

Modifying a 1976 or later vehicle was getting to be harder and harder to do in California. Remember when we used to flip the lids? With smog control, a K&N CAI (Cold Air Intake) needs to be CARB certified to be smog legal in California. Many header manufactures will also carry CARB certification, but they pay dearly for it.

Today, we all know that these illegal tests are still going on because all you have to do is attend a car show or cruise-in and you’ll see vehicles that you know won’t pass the smog test. But that doesn’t mean that California has become lackadaisical about the program, it just means that they have been trying harder to make every 1976 or later vehicle participate in the Smog Check program.

smog4

Removing one component is called “tampering”, and it’s illegal.

Smog Exempt vs. Smog Test Exempt

After a period of time and as vehicles were getting older, there was a rolling 30-year exemption status…well, for a short time, at least. That rolling exemption froze up at the 1975 model year. The current standard is that cars manufactured after the 1975 model year are required to participate in the biennial testing program, and cars between 1966 and 1975 are exempt from biennial testing. The key phrase here is “biennial testing”, not “exempt”.

For many California vehicle owners and hot rodders, that has been the biggest misinterpretation about the current smog laws, causing many to think their 1972 Camaro Z28 or 1970 Boss Mustang is smog exempt, just like the 1965 and older vehicles. This couldn’t be farther from the truth.

smog1

Smog Tests are a regular pain for many enthusiasts. You don’t have to be a hot rodder to know that.

From the California Department of Motor Vehicles website:

Smog inspections are required unless your vehicle is:

  • Gasoline powered 1975 year model or older
  • Diesel powered 1997 year model and older or with a Gross Vehicle Weight rating (GVWR) of more than 14,000 lbs
  • Electric
  • Natural gas powered with a GVWR rating of more than 14,000 lbs.
  • Motorcycle

While this may seem that your 1973 Trans Am is smog exempt, it actually isn’t – it’s merely exempt from biennial testing. That part of the law is what is often confusing to many California car owners. In order to remain “legal” on the roads, you must retain the original equipment emission controls or you can be cited by a law enforcement officer if he suspects you’ve tampered with your emissions.

Does the police department actually cite people? Not really, at least not that I have heard of. But they can legally cite you – and if you’re out causing trouble and decide to pick a fight with an officer, he can ask you to open your hood if he has suspicion that your vehicle has been modified. If you don’t believe us – call the California Bureau of Automotive Repair and ask them for yourself.

smog6

If you’re going to drive a car that looks like this in California, don’t be a jerk to the cop that pulls you over or he could impound your car.

So when someone is selling a built 1970 big-block Charger and he tells you that the car is smog exempt, just make sure that you know what you’re getting into when you buy it. The chances of you getting pulled over and cited for having a modified vehicle are slim, but our goal is not to scare you – it’s just to educate you about the current California smog law.

Can You Avoid Smog For $200?

That brings us to the current proposed legislation, A.B. 550, which would allow the owner of a vehicle that requires a smog test to pay an abatement fee of $200 in lieu of passing. At first glance, someone might think, “I know my car won’t pass smog, can I just pay the 200 bucks and be on my merry way?” If it were that simple, it wouldn’t have been proposed at all.

smog7The simple answer to that is “no”, the long answer is “not exactly” – because you still have to prove that your car will pass the visual test and that you have made every effort to fix the car and try to make it pass the smog test.

The good news is that we have the SEMA Action Network behind this bill. We love having SEMA around because they help support our hobby and keep our classics on the road. However, there are some some requirements before you hand out that $200; notice below the bill states ALL of the conditions must be met:

SECTION 1. Section 44011.7 is added to the Health and Safety Code, to read:

44011.7.

(a) The owner of a motor vehicle that is required to obtain a certificate of compliance pursuant to Section 44011 may elect to pay a smog abatement fee of two hundred dollars ($200) if the motor vehicle meets all of the following criteria:

(1) Is 30 or more model-years old.

(2) Was manufactured during or after the 1976 model-year.

(3) Fails a smog test required pursuant to this chapter.

(4) Fails a subsequent smog test after necessary repairs were made.

(b) Payment of the smog abatement fee established pursuant to this section shall be made to the Department of Motor Vehicles at the time of the registration of the motor vehicle.

(c) Fees collected pursuant to this section shall be deposited in the Air Quality Improvement Fund created by Section 44274.5.

As you can see, there are some conditions; you can’t just run to a friend’s shop and ask him for a certificate and hand him $200. It’s not specific as to what you must do or spend, however, we know that this means you have to really try to get your vehicle to pass, you can’t just give up after it fails the first time.

Your vehicle may be older and in many cases you simply cannot buy or find certain emissions components any longer – either they’re no longer manufactured, or there are no wrecking yards that have those parts. There’s even a contact at the BAR to help you find these difficult emissions parts through their network of salvage yards.

DBStang07

Bolt-on horsepower with CARB Certification is still available from plenty of aftermarket companies, but they pay for that certification, and you can bet you help pay for it.

The bottom line here is that this is just another way for the state to make a little bit of money for the Air Quality Improvement Program. It doesn’t do much for those who have yanked out all of their emissions components, but for those who are truly attempting to pass smog testing, it could be a way out for a car that fails repeatedly due to unavailable or faulty components.

smog8

Cash for clunkers? Why not restore it?

The alternative is that your car never passes and you never get your registration renewal. We all know that there have been programs enacted to try to get us to junk our cars, but many people simply need their car and they cannot afford to buy a new one.

This new bill, A.B. 550, will allow us to keep our classic musclecars a little bit longer, as long as we maintain some sense of upkeep and the original emissions equipment. You may not find that TVSV (Thermal Vacuum Switching Valve) that is vital to your emissions, but at least with this bill you’ll be able to keep the car on the road.

If this legislation passes, do you think there will be repercussions and perpetual amendments to keep people from passing? Would you rather just pay the $200 and not have to deal with the smog check every other year? Tell us in the comments section below.

About the author

Michael Harding

Michael is a Power Automedia contributor and automotive enthusiast who doesn’t discriminate. Although Mopar is in his blood, he loves any car that looks great and drives even faster.
Read My Articles

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