2007 California Health and Safety Code Article 2. Certified Device Installation

CA Codes (hsc:43650-43660)

43650.  Every 1955 and later model motor vehicle shall be equipped
with the certified device as required by the Department of Motor
Vehicles Manual of Registration Procedures as of January 1, 1975, or
as amended to reflect the adoption of rules and regulations by a
district board pursuant to Section 43658.



43651.  Every 1963 or later model year motor vehicle, subject to
registration in this state, shall be equipped with a certified device
to control its crankcase emissions.



43652.  Except as provided in Section 43657, every 1955 through 1965
model year motor vehicle, subject to registration in this state,
upon either transfer of ownership and registration, or upon initial
registration of such vehicle not previously registered in this state,
shall be equipped with a certified device to control its exhaust
emissions in accordance with a schedule of installation adopted by
the state board.



43653.  Every 1966 or later model year motor vehicle, subject to
registration and first sold and registered in this state, shall be
equipped with a certified device to control its crankcase emissions
and exhaust emissions.


43654.  (a) Except as otherwise provided in subdivision (b), every
1966 through 1970 light-duty motor vehicle, subject to registration
in this state, shall be equipped with a certified device to control
its exhaust emission of oxides of nitrogen upon initial registration,
upon transfer of ownership and registration, and upon registration
of a motor vehicle previously registered outside this state.
   (b) Subdivision (a) shall not apply to a 1966 through 1970
light-duty motor vehicle (1) which is registered to, or subject to
registration by, an elderly low-income person, (2) which was
purchased from a person other than a dealer or a person holding a
retail seller's permit, and (3) which is used principally by or for
the benefit of the elderly low-income person.  However, only one
vehicle described above shall be registered to, or subject to
registration by, the elderly low-income person at any one time.
   (c) For purposes of subdivision (b), the Department of Motor
Vehicles may require satisfactory proof (1) of the age of the
transferee of the motor vehicle, (2) of the combined adjusted gross
income of the household in which the transferee resides, and (3) that
the transferor of the motor vehicle is a person other than a dealer
or a person holding a retail seller's permit.



43655.  (a) The state board shall adopt, by regulation, schedules of
installation of certified devices to control exhaust emissions for
purposes of Section 43652, after consultation with the Department of
the California Highway Patrol, the Department of Motor Vehicles, and
the bureau.
   (b) In establishing the schedules, the state board shall consider
all relevant factors, including, but not limited to, the burden of
enforcement on the Department of the California Highway Patrol, the
Department of Motor Vehicles, and the bureau, the need for rapid
installation of motor vehicle pollution control devices in order to
preserve and protect the public health, and the existing ambient air
quality in the air basins.



43656.  The state board may exempt from any schedule of installation
adopted pursuant to Section 43654 or 43655:
   (a) Motor vehicles or classifications or subclassifications of
motor vehicles for which certified devices are not available.
   (b) Motor vehicles or classifications or subclassifications of
motor vehicles whose emissions are found by appropriate tests to meet
applicable emission standards without an additional motor vehicle
pollution control device.
   (c) Implements of husbandry.
   (d) Vehicles which qualify for special identification plates
pursuant to Section 5004 of the Vehicle Code.



43656.5.  The charge that can be made for the inspection and
certification of exemption granted by the state board pursuant to
Section 43656 shall not exceed three-tenths (0.3) of one hour
multiplied by the hourly labor rate charged by the particular garage
or service station.
   The charge shall be posted as a fixed fee.




43657.  The state board may also exempt, from the schedule of
installation adopted pursuant to Section 43655, any motor vehicle
registered to an owner whose residence is in a county, or portion
thereof, which the state board finds, after a public hearing, that
the installation of a certified device pursuant to Section 43652 to
control exhaust emissions is not necessary or desirable to preserve
and protect the public health and the existing ambient air quality
thereof.


43658.  (a) If the evidence submitted at a public hearing indicates
that, in order to preserve the ambient air quality of a district, it
is necessary that every 1955 through 1965 model year motor vehicle
within the district be equipped with device or devices certified by
the state board to control emission of pollutants from the crankcase
or exhaust, the district board may adopt rules and regulations to
require the installation of such devices.
   (b) The rules and regulations shall provide for a schedule of
installation by which the motor vehicles are to be equipped with
certified device, taking into consideration the number of motor
vehicles to be equipped, the availability of such devices, and the
availability of licensed installers to install such devices.
   (c) The district board shall coordinate its activities pursuant to
this section with the Department of the California Highway Patrol
and the Department of Motor Vehicles in order to insure adoption of
procedures which will facilitate enforcement of the rules and
regulations adopted pursuant to this section.



43659.  (a) The state board shall annually review the requirement
that an exhaust device be installed on every 1955 through 1965 model
year light-duty motor vehicle upon initial registration, upon
transfer of ownership and registration, or upon registration of a
motor vehicle previously registered outside this state, to determine
the contribution of that requirement to the maintenance of required
ambient air quality standards in those air basins where the
requirement is applicable.
   (b) In making its determination, the state board shall consider
all relevant factors, including, but not limited to, the fact that
the requirement is being imposed on a constantly decreasing number of
motor vehicles.
   (c) Upon a determination by the state board by regulation that the
requirement is no longer a significant factor to the maintenance of
required ambient air quality standards in any applicable air basin,
except as provided in subdivision (d), 1955 through 1965 model year
light-duty motor vehicles in that air basin shall no longer be
required to be so equipped.
   (d) All 1955 through 1965 model year light-duty motor vehicles
equipped with an exhaust device pursuant to the requirement prior to
the adoption of the regulation by the state board pursuant to
subdivision (c) shall continue to be so equipped.



43660.  The state board shall review the requirement that every 1966
through 1970 light-duty motor vehicle be equipped with a certified
device to control its exhaust emissions of oxides of nitrogen upon
initial registration and upon transfer of ownership and registration,
to determine the contribution of that requirement to the maintenance
of ambient air quality standards in the state and the cost
effectiveness of that requirement.  The state board shall report to
the Legislature its findings and recommendations with regard to the
requirement not later than January 1, 1984.