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Tuesday, April 1, 2008

The Smog Check Pre-Test

Q: What is a Smog Check "pre-inspection" or "pre-test" and how do I get one?

A: Motorists who believe their vehicles may not pass initial smog certification at local Smog Check stations may request that an inspection be conducted before an official smog certification test. This procedure can help vehicle owners avoid their vehicles being designated as "Gross Polluters," requiring final inspection at a Test-Only Center or a Gold Shield Station. Smog Check stations may charge for this service only if authorized by the consumer. The efficacy of this program is subject to periodic review. Motorists should keep in mind that neither the pre-inspection (which is not an "official" inspection), nor any emissions repairs made subsequent to the pre-inspection, count toward the $450 repair cost waiver or the $250 economic hardship extension.

Q: What if I go to the DMV to register my vehicle and my electronic Smog Certificate is not there?

A: If you are going to register your car in person at a Department of Motor Vehicles (DMV) field office, be sure to bring your Vehicle Inspection Report (VIR) and any notices sent by the DMV with you. When you pay for a smog inspection at a licensed Smog Check station, they are required to give you a copy of the VIR generated by the Smog Check analyzer, which states whether your car passed or failed and the level of pollutants emitted. Located on the VIR is an identification number which will help the DMV track your electronic certificate.

Source: Bureau of Automotive Repair

-Bob Rawson

Sunday, March 16, 2008

The Seller Is Responsible For The Smog Check

Q: I am selling my car, who is responsible for the Smog Check?

A: Section 24007 (b)(2) of the Vehicle Code states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle. There is no provision in the law to sell a vehicle "as is."
Section 4000.1 (d)(2) of the California Vehicle Code exempts from the change of ownership Smog Check requirement vehicles being sold or transferred between certain family members, such as parents, grandparents, children, grandchildren, siblings, or spouses.

Q: I just purchased a vehicle and the seller did not provide a Smog Check. The vehicle needs expensive repairs in order to pass. What should I do?

A: Go back to the seller, inform them about Vehicle Code section 24007 (b)(2), and try to work things out amicably. If that fails, you have the option to pay for the repairs and the Smog Check yourself, and then take the seller to Small Claims Court to recover your costs. Although the law clearly supports the buyer, collecting on a small claims judgment can be difficult, so the amicable solution is usually best. If the seller is a state-licensed auto dealer, buyers have the additional option of filing a complaint with the DMV, which regulates new- and used-car dealers.

Q: I recently smogged my vehicle; now I'm selling it. Do I need to smog it again?

A: According to Section 4000.1 (d)(1) of the California Vehicle Code, a car which has had a Smog Check and received a certificate of compliance does not need to be smogged again if the initial application for transfer is submitted within the 90-day validity period of the recently issued smog certificate.

Source: Bureau of Automotive Repair

- Bob Rawson

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