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

Important Websites - Click Here

California Wants To Buy Your Car

If your car or light truck fails the California biennial Smog Check, the state will buy it. California will pay $1000 for your car.

Details

The vehicle must fail the every other year smog check that is required for renewal of registration.

You must submit an application. It is the same application used for repair assistance.

The vehicle essentially must be driveable, see the application for details.

After you receive the approval letter, follow the instructions, take the vehicle to a state partnered junk yard and there you will get a check for $1000.

Click Here to Download an Application for Vehicle Retirement and Repair Assistance

-Bob Rawson

Here is a link to
important California Smog Check and Car Enthusiast Websites

New Visible Smoke Test

As reported in a previous post, a new wrinkle will be introduced into the California Smog Check. Beginning March 1.2008, all vehicles subject to the Smog Check program will require a visual test for smoke from the tailpipe and the PCV system.



OVERVIEW

Positive Crankcase Ventilation (PCV) System Smoke Test

This test is to be performed during the underhood portion of the visible fuel leak test. Oh, yes, your car can fail if there is a visible fuel leak. This has been in effect for a while now.

The Smog Technician will leave the vehicle's engine running at idle. The emissions probe will be removed from the tailpipe. The PCV system of the vehicle will be observed for at least 10 seconds.

If any smoke is observed coming from the PCV system, the vehicle fails the Visible Smoke Test.

Tailpipe Smoke Test

This test is to be performed immediately after the tailpipe emissions test. The emissions probe is to be removed from the tailpipe. The tailpipe area of the vehicle will be observed for at least 10 seconds.

If any smoke is observed coming from the vehicle's tailpipe, the vehicle fails the Visible Smoke Test.

Vehicles that fail the visible smoke test may be eligible for State Repair Assistance or the vehicle retirement program. . Also if the car owner wishes to dispute the results of the test, the Smog Check Referee can perform an opacity test to verify the results. Call 1-800-622-7733 to make an appointment.

-Bob Rawson

Here is a link to Important California Smog Check and Car Enthusiast Websites