California fascist random smog test

E

enzo mac

True Classic
Is this the same random smog testing that I have been hearing so much about? Am I reading this correctly, that it's voluntary and can be refused?



http://www.bar.ca.gov/Consumer/Roadside_Inspection_Program.html

http://www.bar.ca.gov/pdf/RoadsideConsumerInfo.pdf


Apparently, the checks are for data only. After talking a little with Tony N. this weekend, he tells me that the checks seen to be in areas and neighborhoods that have mostly new cars. Would this not skew the data and make it appear that the state is doing a better job in reducing emissions?


Anyone have a different read on this, any lawyers out there?


Vincent dba enzo mac
 
The roadside consumer information sheet sure sounds like puppies, kittens, daisies and apple pie.

They're just checking, no big deal.....

Until you read the regulation cited, Health and Safety 44801 para 4:

(4) Procedures requiring owners of vehicles confirmed as gross polluters to have the vehicle repaired, resubmitted for testing, and obtain a certificate of compliance from a designated test-only facility, or a test-and-repair station that is both licensed and certified pursuant to Sections 44014 and 44014.2, or removed from service as attested by a certificate of nonoperation from the Department of Motor Vehicles within 30 days or be required to pay an administrative fee of not more than five hundred dollars ($500), to be collected by the Department of Motor Vehicles at the next annual registration renewal or the next change of ownership, whichever occurs first. Commencing on the 31st day after issuance of the notice of noncompliance, the fee shall accrue at the rate of five dollars ($5) per day up to the five hundred dollar ($500) maximum. The registration of a vehicle shall not be issued or renewed if that vehicle has been identified as a gross polluter and has not been issued a certificate of compliance. Except as provided in subdivision (b) of Section 9250.18 of the Vehicle Code, any revenues collected by the Department of Motor Vehicles pursuant to this subdivision and Section 9250.18 of the Vehicle Code shall be deposited in the Vehicle Inspection and Repair Fund. If the ownership of the vehicle is transferred, the administrative fee provided for in this subdivision shall be waived if the vehicle is brought into compliance."


This is how the Nanny State operates, first with so-called voluntary activities that get you used to the idea, then implemented as mandatory and punitive regulations that are ultimately no more than a money grab.

BTW, regardless of the word "voluntary" being used, I read NOTHING in the description or the consumer sheet that would allow a motorist "selected" by the CHP officer for participation in this check to opt out and continue on their way. The only thing I do get from the current implementation is that, at the moment, there are no consequences if the car does not pass. And you can be sure that will change in the future.
 
They say income tax is "voluntary" also. I guess it's true since there is another option. Also, I don't think that technically "fascist" is the right word to describe the smog checks.
 
Matthew said:
They say income tax is "voluntary" also. I guess it's true since there is another option. Also, I don't think that technically "fascist" is the right word to describe the smog checks.
Click to expand...

I almost think he is calling California a fascist state ;)

My worry about this would be someone driving around an older car that does not require a smog test. You refuse OR worse, you abide them and do the test. Now you have an emissions referee or CHP officer fishing around your engine, looking at what all you have (or don't have - like a smog pump).

In the SF Bay-Area, we used to have a "1-800 smoking tail-pipe" (or something) number people could call to report cars they see on the road spewing exhaust. Of course I get a letter in the mail explaining someone reported my car with license plate xxxxx as polluting the air or something like that. Interestingly, I just had the car smog'd no more than 3 months prior and this was my stock 81 FI car with ALL of the emissions control bits on the car. The letter clearly said I wasn't being fined but it did say the car was recorded. Didn't say where or who was keeping record of course. I think the program stopped soon after. it was at least 15 years ago or longer...
 
I just passed the Smog Test last week but they failed me because they claim my car is 6 degrees off on timing? WHAT?

Why are the smog police checking timing?:hmm:
 
I was born and raised in SoCal and escaped to N Utah 39 years ago.
When I'm to old to work our ranch it is our plan to move to our NoCal home located just outside of Lassen NP.
I'll probably sell the Queen rather than go through the trials of getting her fitted with smog control stuff.:(
 
Answer is.

Programmable EFI - with a special "lean" programme activated by a switch you hide somewhere. I'm sure the smog tests would never be conducted under full load/WOT conditions. So you flip the switch, pass the test. Drive off (but don't forget to switch back if you like your pistons!).

I managed to hide a Haltech E6X INSIDE a discarded L-Jet ECU housing (and newer computers are 1/2 the size of that). Even retained the standard wiring and gutted a AFM (and used the connector for air temp and MAP sensor). No way to pick it visually and because the ECU controls ignition timing the distributor is locked on 0 degrees.

If you already have an L-Jet X1/9 90% of the hardware is already there. And the computers get cheaper and cheaper every day. Even more so if you pick up a used on on eBay because some ricer HAD to have the "latest" one.
 
Heh...

"I was born and raised in SoCal and escaped to N Utah 39 years ago."

I was born in Nor Central Utah and "escaped" to SoCal 59 years ago. Fortunately, it was to Orange County. We'd retire to Alpine/Heber Valley Utah area but for our children and grandchildren here in Cali.
 
I understand the legality of scheduled (like at registration time) smog checks, even if I don't agree. But, I have difficulty with roadside flag you down and check your vehicle. I really think there are some search & seizure type issues happening here.

Courts have ruled that such roadside enforcement must be conducted in a pattern, ie - you check every car, you check every fifth car, you check every 10th car. DUI checkpoints follow a pattern, usually stopping every car. It is only after the officer can testify about observable facts (bloodshot eyes, motor skills impaired while retrieving license & registration empty six pack cans on the floor) that they can take the next step and require a test. Without those facts you have the right to decline participating in their operation.

So, how is a smog check different? Is has to be voluntary and they are making you think it's required.

Heck, there is already a group of attorneys around the country who issue letters to their clients to hang out the window at a DUI checkpoints, maybe you could adapt that to smog checks http://fox2now.com/2015/02/20/loophole-helping-drivers-skip-dui-checkpoints/
 
I think Jesus said it well a few years ago...

When folks asked if they should continue to pay taxes... he asked them whose face was stamped on the coin. He then said... "Give unto Cesare that which is Cesare's, and give unto the Lord that which is his."

Its the ONLY peace I find these days... in so many aspects!

I still believe with all the crap we put up with in CA there are more coming to live here than are (able) to escape elsewhere, and actually STAY AWAY. Coming back is usually a financial ruin especially if yur in the "third-act" of life. As Brad said (Col. Heiku), my generation of grandparents can't tear themselves away from those innocent babes as we fear our kids are really gonna screw them up!

Our message from all the folks here in LA, to all that visit...

"Welcome to California. Now go home!"

(Present company excluded.)
 
smog tests

thankfully both my 74 x's and 68 Camaro are exempt, but my 97 Tahoe is slated for a yearly test only station for the tune of 80.00 bucks WTF??
It always passes with flying colors. I called the BAR and asked why the hell are you targeting this truck???
the response was.... well you just fall in the cusp of the years we check. again WTF????
I think that our great Gov. Mr. brown has to finance the bullet train going from nowhere to nowhere and he is using us.
mikemo
 
Mike... that '97 Tahoe should be tested every...

two years... and no more than that. Do shop around for testers also as I generally pay about $50 bucks total nowadays with all the friggin' fees.
 
Tony, really?

So what will thy be rendering upon myself? A good sausage sandwich is a good start.

Cesare
 
smog

for a normal smog, it is two years, but cars/trucks between 94 and 99 are a yearly thing now...... yea follow the money!! it might be just be a bay area thing.
checked with the smog guy I used to work with and asked him...why me? and he said that is just how it is. a smog at work was a 6 pack and 8.00 on the sly.
gonna try and sell it and buy the 69 el camino around the corner and the state can KMA!!
mikemo
hope they aren't recording this:shock:
 
I would challenge that Mike...

Go here and PRINT it... as I see NO such requirement that you speak of... and personally, I've never heard of such a thing in CA.

https://www.dmv.ca.gov/portal/dmv/detail/vr/smogfaq

AZ has no smog checks UNLESS you live in the Phoenix or Tuscon area... and their DMV Emissions Laws state that as such.

https://www.azdeq.gov/environ/air/vei/tested.html

I see NO such language in the CA DMV Emission laws that state you must be tested YEARLY if you live in the Bay Area or L.A. There may be some additional fees, but I see nothing that says there is additional testing required.
 
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