reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 2 - Program Requirements › Section 44019.

44019. (a)  Every public agency, including, but not limited to, a publicly owned public utility, owning or operating any motor vehicle that is exempt from annual renewal of registration, and is otherwise subject to this chapter, shall obtain for the vehicle a certificate of compliance with the same frequency as is required for vehicles subject to renewal of registration. The cost limitations specified in Section 44017 do not apply to any vehicle owned or operated by a public agency.
(b)  Certificates of compliance required by subdivision (a) shall be issued if the vehicle meets the requirements of Section 44012 using a test analyzer system meeting the requirements of the department. Any certificate so issued shall be indexed by vehicle license plate number or vehicle identification number and retained by the public agency for not less than three years, and shall be available for inspection by the department.
(c)  Every public agency subject to subdivision (a) shall annually report to the department the number of certificates issued, the number of motor vehicles owned, and the schedule under which the motor vehicles were issued certificates of compliance.
(d)  The department may accept proof of compliance with this section other than by a certificate of compliance.
(Amended by Stats. 1989, Ch. 1154, Sec. 10.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 2 - Program Requirements › Section 44024.

44024. (a)  The department, in cooperation with the state board, shall investigate new technologies, including the role of onboard diagnostic systems in vehicles, as a means both for detecting excess emissions and defective emission control equipment, and for assisting in determining what repairs would be effective.
(b)  To incorporate new technologies into the program, the department may institute the following changes if the department determines that the changes will be cost-effective and convenient to vehicle owners:
(1)  The schedule for testing and certifying vehicles.
(2)  The location and method for complying with the test requirements otherwise applicable under this chapter.
(3)  The equipment requirements and repair procedures, including the imposition of new or revised diagnostic procedures, to be used at licensed smog check stations.
(4)  The training, skill, and licensing requirements for smog check technicians.
(5)  The applicable test procedures and emission standards, as applied at smog check stations, and during roadside inspection.
(Amended by Stats. 2012, Ch. 728, Sec. 93. (SB 71) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 2 - Program Requirements › Section 44025.

44025. The department shall act as a clearinghouse to provide access to the vendors who possess service information generated by the vehicle manufacturers.
(Added by Stats. 1994, Ch. 27, Sec. 26. Effective March 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44030.

44030. (a)  The department shall develop standards for the licensing of smog check stations. Tests, service, and adjustment at smog check stations shall be performed by a qualified smog check mechanic.
(b)  The licensing standards for smog check stations may include, but are not limited to, requirements for all of the following:
(1)  Use of computerized and tamper-resistant testing equipment, including, but not limited to, test analyzer systems meeting the current requirements of the department.
(2)  Annual license renewal.
(3)  Onsite availability of current emission control system information and service and adjustment procedures.
(Repealed and added by Stats. 1988, Ch. 1544, Sec. 37.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44030.5.

44030.5. The department shall develop standards for certification of institutions and instructors for purposes of providing training of smog check mechanics. The standards shall include criteria for applications, manuals, textbooks, laboratory equipment, laboratory exercises, hands-on work, examinations, and other matters the department determines necessary for a certified course of instruction.
The standards shall also specify the conditions under which an institution or instructor may be decertified, and under which a decertified institution or instructor may regain certification.
(Amended by Stats. 1988, Ch. 1544, Sec. 38.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44031.5.

44031.5. (a)  No smog check technician may perform tests or make repairs required by this chapter, for compensation, unless qualified by the department for the class and category of vehicle being tested or repaired. To qualify, smog check technicians shall pass a qualification test administered by the department, in addition to meeting prerequisite minimum experience and training criteria established by the department, pursuant to Section 44045.5. Passage of the qualification test shall, and training may, also be required upon each biennial renewal of the smog check technician’s license.
(b)  The department shall prescribe training and periodic retraining courses for licensed smog check technicians pursuant to Section 44045.6.
(c)  Whenever the department determines, through investigation, that a previously qualified smog check technician may lack the skills to reliably and accurately perform the test or repair functions within the required qualification, the department may prescribe for the technician one or more retraining courses which have been certified by the department. The smog check technician may request and be granted a hearing, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, on the department’s determination. The request for a hearing shall be submitted within 30 days of the department’s notification of its determination. A failure to complete the prescribed retraining course within the time designated by the department, or to request a hearing within 30 days of the department’s notification of its determination, shall result in loss of qualification. Upon a later completion of the prescribed department certified retraining course, the department may reinstate the smog check technician’s qualification.
(d)  Smog check technicians shall have the option to do hands-on work in lieu of written work in order to successfully complete the department certified training and retraining courses or may complete comparable military training as documented by submission of Verification of Military Experience and Training (V-MET) records in lieu of meeting any other training-related requirements of this section.
(e)  The institution administering the department certified training or retraining courses shall issue a certificate of completion to each person who successfully completes the certified courses. The certificate shall be valid for two years.
(f)  The department may, by regulation, establish procedures relating to the issuance and use of photo identification cards for licensed technicians.
(Amended by Stats. 2002, Ch. 405, Sec. 70. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44032.

44032. No person shall perform, for compensation, tests or repairs of emission control devices or systems of motor vehicles required by this chapter unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. Qualified smog check technicians shall perform tests of emission control devices and systems in accordance with Section 44012.
(Amended by Stats. 2023, Ch. 681, Sec. 21. (AB 1263) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44033.

44033. (a)  (1)  Any facility meeting the requirements established by the department pursuant to this chapter may be licensed as a test-only, test and repair, or repair-only smog check station. A licensed smog check station shall display an identifying sign prescribed by the department in a manner conspicuous to the public.
(2)  A licensed smog check station certified pursuant to Section 44014.2 shall display an identifying sign prescribed by the department.
(b)  No licensed or certified smog check station shall require, as a condition of performing the test, that any needed repairs or adjustment be done by the person, or at the facility of the person, performing the test.
(c)  If a motor vehicle, including a commercial vehicle, is tested at a facility licensed to perform tests and repairs pursuant to this chapter, the facility shall provide the customer with a written estimate pursuant to Section 9884.9 of the Business and Professions Code. The written estimate shall contain a notice to the customer stating that the customer may choose another smog check station to perform needed repairs, installations, adjustments, or subsequent tests.
(d)  Charges for testing or repair, or both, shall be separately stated.
(e)  The department shall require the posting of station licenses and qualified technicians’ certificates prominently in each place of business so as to be readily visible to the public.
(Amended by Stats. 1996, Ch. 1088, Sec. 9. Effective September 30, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44034.

44034. Annual license fees for smog check stations and biennial license fees for smog check technicians shall be imposed by the department, but shall not exceed the reasonable cost of administering the qualifications and licensing program.
(Amended by Stats. 1994, Ch. 27, Sec. 31. Effective March 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44034.1.

44034.1. The department may impose an examination fee, sufficient to recover the reasonable cost of administering, developing, and updating the examination, for initial and biennial renewal smog check technician applicants. Payment of the fee entitles the applicant to be scheduled for an examination. The department may contract for collection of the fee.
(Amended by Stats. 1994, Ch. 27, Sec. 32. Effective March 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44035.

44035. (a)  A smog check station’s license or a qualified smog check technician’s qualification may be suspended or revoked by the department, after a hearing, for failure to meet or maintain the standards prescribed for qualification, equipment, performance, or conduct. The department shall adopt rules and regulations governing the suspension, revocation, and reinstatement of licenses and qualifications and the conduct of the hearings.
(b)  The department or its representatives, including quality assurance inspectors, shall be provided access to licensed stations for the purpose of examining property, station equipment, repair orders, emissions equipment maintenance records, and any emission inspection items, as defined by the department.
(Amended by Stats. 1994, Ch. 27, Sec. 33. Effective March 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44036.1.

44036.1. The department may require that equipment manufacturers, submitting equipment for certification pursuant to Section 44036, submit proof of financial security, including, but not limited to, insurance sufficient to cover product liability claims, and secured funds for prepaid warranty or service contracts.
(Added by Stats. 1994, Ch. 27, Sec. 35. Effective March 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44036.3.

44036.3. (a)  The department shall direct licensed smog check stations and technicians to private diagnostic assistance service information vendors or intermediaries who possess the electronically formatted information acquired under Section 44036.2, or with any other emissions-related information needed to improve the effectiveness of smog checks.
(b)  The provisions of this section that apply with respect to 1994 and newer model-year vehicles shall become inoperative if the state board determines that the Environmental Protection Agency has adopted rules relative to the provision of emissions-related service information for 1994 and newer model-year vehicles.
(Added by Stats. 1994, Ch. 725, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44036.5.

44036.5. (a)  The department shall set standards for test analyzer system (TAS) calibration gases and shall establish criteria to certify and decertify gas blenders who blend, fill, or sell TAS calibration gases.
(b)  On and after January 1, 1990, no person shall blend, fill, or sell any TAS calibration gases unless certified by the department and no person shall use in a TAS calibration gases which are not certified.
(Added by Stats. 1989, Ch. 1154, Sec. 15.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44036.8.

44036.8. The data collected by the equipment used by a smog check station, as required by regulations of the bureau, may be used by a licensed smog check station technician or operator when appealing a citation issued by the bureau.
(Amended by Stats. 1995, Ch. 91, Sec. 92. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44037.

44037. (a) The department shall compile and maintain records, using the sampling methodology necessary to ensure their scientific validity and reliability, of tests and repairs performed by qualified smog check technicians at licensed smog check stations pursuant to this chapter on all of the following information:
(1) The motor vehicle identification information and the test data collected at the station.
(2) The number of maintenance and repair operations performed on motor vehicles that fail to pass a test conducted pursuant to this chapter.
(3) The correlation between maintenance and repairs recommended by the department pursuant to Section 44016 and maintenance and repairs performed.
(4) The charges assessed for the service and repairs and the correlation between the amount charged for repairs and the amount of emission reduction.
(5) Data received and compiled through the use of the centralized computer database and computer network to be established pursuant to Section 44037.1, and any other information determined to be essential by the department for program enhancement to achieve greater efficiency, consumer protection, cost-effectiveness, convenience, or emission reductions.
(6) The frequency of specific smog check stations issuing a passing certificate for vehicles that have failed a previous inspection at other smog check stations within the preceding 30 days.
(b) A written summary of the information specified in subdivision (a) shall be available annually for the technicians and smog check stations in each district and to the public upon request.
(Amended by Stats. 2006, Ch. 538, Sec. 405. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44037.2.

44037.2. (a)  The department may enter into a contract for telecommunication, programming, data analysis, data processing, and other services necessary to operate and maintain the centralized computer data base and computer network specified in Section 44037.1.
(b)  The department may, for each transmittal of data to the centralized data base, charge a licensed smog check station a transaction fee established by the department. The transaction fee shall be sufficient to cover the actual costs of operating and maintaining the current data base and network.
(c)  Any contract made pursuant to this section may authorize compensation to the contractor from the transaction fees established by the department. The contractor shall maintain the transaction fees, which may be collected directly by the contractor from the licensed smog check stations, in a separate custodial account that the contractor shall account for and manage in accordance with generally accepted accounting standards and principles.
(Added by Stats. 1996, Ch. 1088, Sec. 10. Effective September 30, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44038.

44038. Until implementation of the centralized computer data base required pursuant to Section 44037.1, each smog check station shall transmit vehicle data and emission test or repair results to the department and transmit to the department vehicle data and emission measurements made before and after repair. The department shall establish, by regulation, the form, manner, and frequency of those data transmittals.
(Amended by Stats. 1994, Ch. 27, Sec. 39. Effective March 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44039.

44039. A written summary of the required information applicable to smog check stations in each district shall be published semiannually by the department and made available upon request to the owner of any motor vehicle subject to this chapter.
(Amended by Stats. 1988, Ch. 1544, Sec. 49.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44040.

44040. The department may require certificates of compliance, certificates of noncompliance, and repair cost waivers to contain a unique number encoded in bar code. These certificates may be sold to licensed smog check stations by the department, printed by test analyzer systems, or transmitted by electronic means. The department, with the cooperation of the Department of Motor Vehicles, shall periodically check certificates to determine their validity.
(Amended by Stats. 1997, Ch. 803, Sec. 13. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44041.

44041. In order to expedite emissions testing and to eliminate errors in the transcription of vehicle data, the department shall, in cooperation with the Department of Motor Vehicles, furnish bar code labels or bar coded documents to all vehicle owners at the time of their vehicle’s annual registration renewal. The labels or documents shall contain vehicle identification numbers and other vehicle-specific information, to be determined by the department, which can be recorded by smog check station technicians utilizing the scanning devices required by Section 44036.
(Amended by Stats. 1994, Ch. 1220, Sec. 15.5. Effective September 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 3 - Quality Assurance › Section 44045.6.

44045.6. (a)  The department shall, by regulation, establish requirements for the training of smog check technicians which are necessary to enable the program to meet the applicable emission reduction performance standards, to include, at a minimum, all of the following:
(1)  Criteria for facilities, instructors, equipment, reference materials, and instructional materials.
(2)  A detailed outline of lectures and laboratory work.
(3)  A final examination and recommended passing score.
(4)  In lieu of the requirements in paragraphs (1) to (3), inclusive, the department may accept certification by an established national training institution of training in relevant curricula, including electrical systems, engine performance, and electronic emissions diagnostics.
(b)  Training facilities meeting the requirements of subdivision (a) shall be certified by the department to provide smog check training.
(c)  The department may require remedial training at a certified training facility or may take disciplinary action, whichever the department determines to be the most appropriate, for any licensed technician who the department determines cannot perform inspections, testing, or repairs as required under the program. The failure to complete the remedial training when required by the department shall be a ground for revocation or suspension of a smog check technician’s license under Section 44072.2.
(d)  The department may contract to ensure the availability of training and retraining courses required by this chapter whenever these courses are not otherwise available. Charges for courses offered by contractors pursuant to this subdivision shall be borne by course attendees.
(Added by Stats. 1994, Ch. 27, Sec. 43. Effective March 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 4 - Penalties › Section 44051.

44051. (a) If a person cited pursuant to Section 44050 wishes to contest the citation, that person shall, within 30 days after service of the citation, file in writing a request for an administrative hearing to the chief of the bureau or a designee.
(b) (1) In addition to, or instead of, requesting an administrative hearing pursuant to subdivision (a), the person cited pursuant to Section 44050 may, within 30 days after service of the citation, contest the citation by submitting a written request for an informal citation conference to the chief of the bureau or a designee.
(2) Upon receipt of a written request for an informal citation conference, the chief of the bureau or a designee shall, within 60 days of the request, hold an informal citation conference with the person requesting the conference. The cited person may be accompanied and represented by an attorney or other authorized representative.
(3) If an informal citation conference is held, the request for an administrative hearing shall be deemed withdrawn and the chief of the bureau, or designee, may affirm, modify, or dismiss the citation at the conclusion of the informal citation conference. If so affirmed or modified, the citation originally issued shall be considered withdrawn and an affirmed or modified citation, including reasons for the decision, shall be issued. The affirmed or modified citation shall be mailed to the cited person and that person’s counsel, if any, within 10 days of the date of the informal citation conference.
(4) If a cited person wishes to contest a citation affirmed or modified pursuant to paragraph (3), the person shall, within 30 days after service of the modified or affirmed citation, contest the affirmed or modified citation by submitting a written request for an administrative hearing to the chief of the bureau or a designee. An informal citation conference shall not be held on affirmed or modified citations.
(Repealed and added by Stats. 2010, Ch. 258, Sec. 15. (AB 2289) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 4 - Penalties › Section 44052.

44052. (a) If a citation lists more than one violation, the amount of the civil penalty or administrative fine assessed shall be stated separately for each statute and regulation violated.
(b) If a citation lists more than one violation arising from a single motor vehicle inspection or repair, the total penalties assessed shall not exceed five thousand dollars ($5,000).
(Amended by Stats. 2010, Ch. 258, Sec. 17. (AB 2289) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 4 - Penalties › Section 44055.

44055. (a)  Any failure by an applicant for a license or for the renewal of a license, or by any partner, officer, or director thereof, to comply with the final order of the department for the payment of an administrative fine, or to pay the amount specified in a settlement executed by the applicant and the Director of the Department of Consumer Affairs, shall result in denial of a license or of the renewal of the license. The department shall not allow the issuance of any certificate of compliance or noncompliance by a licensee until all civil penalties and administrative fines which have become final, or amounts agreed to in a settlement, have been paid by the licensee.
(b)  The department may deny an application for the renewal of a test station or repair station license if the applicant, or any partner, officer, or director thereof, has failed to pay any civil penalty or administrative fine in accordance with this article.
(Amended by Stats. 2010, Ch. 258, Sec. 20. (AB 2289) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 4 - Penalties › Section 44056.

44056. (a) In addition to an administrative fine pursuant to Section 44050, any person who violates this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, is liable for a civil penalty of not more than five thousand dollars ($5,000) for each day in which each violation occurs. Any action to recover civil penalties shall be brought by the Attorney General in the name of the state on behalf of the department, or may be brought by any district attorney, city attorney, or attorney for a district. In assessing a civil penalty pursuant to this subdivision, due consideration shall be given to the factors identified in subdivision (b) of Section 44050.
(b) The penalties specified in subdivision (a) do not apply to an owner or operator of a motor vehicle, except an owner or operator who does any of the following:
(1) Obtains, or who attempts to obtain, a certificate of compliance or noncompliance, a repair cost waiver, or an economic hardship extension without complying with Section 44015.
(2) Obtains, or attempts to obtain, a certificate of compliance, a repair cost waiver, or an economic hardship extension by means of fraud, including, but not limited to, offering or giving any form of financial or other inducement to any person for the purpose of obtaining a certificate of compliance for a vehicle that has not been tested or has been tested improperly.
(3) Registers a motor vehicle at an address other than the owner’s or operator’s residence address for the purpose of avoiding the requirements of this chapter.
(4) Obtains, or attempts to obtain, a certificate of compliance by other means when required to report to the test-only facility after being identified as a tampered vehicle or gross polluter pursuant to Section 44015 or 44081.
(c) Any person who obtains or attempts to obtain a repair cost waiver, or economic hardship extension pursuant to this chapter by falsifying information shall be subject to a civil penalty of not more than five thousand dollars ($5,000), and shall be made ineligible for receiving any repair assistance of any kind pursuant to this chapter.
(d) Any person who obtains or attempts to obtain a certificate of compliance pursuant to this chapter by falsifying information shall be subject to a civil penalty of not more than five thousand dollars ($5,000).
(Amended by Stats. 2010, Ch. 258, Sec. 21. (AB 2289) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 4 - Penalties › Section 44057.

44057. A continuing violation of any provision of this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, may be enjoined by the superior court of the county in which the violation is occurring. The action shall be brought by the attorney general in the name of the state on behalf of the department, or may be brought by any district attorney, city attorney, or attorney for a district. An action brought under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that it shall not be necessary to show lack of an adequate remedy at law or to show irreparable damage or loss.
In addition, if it is shown that the respondent continues, or threatens to continue, to violate any provision of this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, it shall be sufficient proof to warrant the immediate granting of a temporary restraining order.
(Added by renumbering Section 44051 by Stats. 1985, Ch. 703, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 4 - Penalties › Section 44058.

44058. Any person who violates this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or by both, in lieu of the imposition of the civil penalties.
(Added by Stats. 1985, Ch. 703, Sec. 11.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 4 - Penalties › Section 44059.

44059. The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this chapter or Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code, constitutes perjury and is punishable as provided in the Penal Code.
(Added by renumbering Section 44052 (as added by Stats. 1986, Ch. 951) by Stats. 1987, Ch. 850, Sec. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 5 - Financial Provisions › Section 44060.5.

44060.5. (a) Beginning July 1, 2008, the smog abatement fee described in subparagraph (A) or (C) of paragraph (1) of subdivision (d) of Section 44060 shall be increased by eight dollars ($8).
(b) Revenues generated by the increase described in this section shall be distributed as follows:
(1) The revenues generated by four dollars ($4) shall be deposited in the Air Quality Improvement Fund created by Section 44274.5.
(2) The revenues generated by four dollars ($4) shall be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273.
(c) This section shall become inoperative on July 1, 2035, and, as of January 1, 2036, is repealed.
(Amended by Stats. 2023, Ch. 319, Sec. 2. (AB 126) Effective October 7, 2023. Inoperative July 1, 2035, by its own provisions. Repealed as of January 1, 2036, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 5 - Financial Provisions › Section 44061.

44061. The fees and penalties collected by the department pursuant to this chapter shall be deposited in the Vehicle Inspection and Repair Fund in accordance with the procedures established by the department, and is available to the department, as specified by Section 9886.2 of the Business and Professions Code, and, upon appropriation by the Legislature, to any other state agency directly involved in the implementation of the motor vehicle inspection program, to carry out its functions and duties specified in this chapter or in any other law.
(Amended by Stats. 1988, Ch. 1544, Sec. 56.3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 5 - Financial Provisions › Section 44062.

44062. The Vehicle Inspection Fund and the Automotive Repair Fund are hereby abolished. The balances in those funds are hereby transferred to the Vehicle Inspection and Repair Fund.
All fees collected by the department under this chapter and Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code shall be deposited in the Vehicle Inspection and Repair Fund and are available to the department as specified by Section 9886.2 of the Business and Professions Code.
(Added by Stats. 1988, Ch. 1544, Sec. 56.6.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 5 - Financial Provisions › Section 44062.2.

44062.2. (a)  The state board shall adopt, by regulation, procedures to establish an emissions credit exchange program whereby persons may contribute to the Vehicle Inspection and Repair Fund, and receive equitable emission reduction credits for those contributions.
(b)  Districts may establish procedures to generate marketable emission reduction credits from contributions toward the repair subsidy program specified in Section 44062.1. Emission reduction credits generated pursuant to this subdivision may be used to meet or offset transportation control measure requirements, average vehicle ridership reductions, or other mobile source emission requirements, as determined by the district.
(c)  The credits established pursuant to subdivision (a) or (b) shall not be allowed until the emission reduction goals established by the amendments enacted in 1990 to the Clean Air Act (P.L. 101-549) have been achieved.
(Added by Stats. 1994, Ch. 27, Sec. 49. Effective March 30, 1994. Superseded on operative date of amendment by Stats. 1994, Ch. 1192.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 5 - Financial Provisions › Section 44062.2.

44062.2. (a) The state board shall adopt, by regulation, procedures to establish an emissions credit exchange program whereby persons may contribute to the Vehicle Inspection, Repair, and Retrofit Fund, and receive equitable emission reduction credits for those contributions.
(b) Districts may establish procedures to generate marketable emission reduction credits from contributions toward the repair subsidy and vehicle retrofit subsidy program specified in Section 44062.1. Emission reduction credits generated pursuant to this subdivision may be used to meet or offset transportation control measure requirements, average vehicle ridership reductions, or other mobile source emission requirements, as determined by the district.
(c) In federal nonattainment areas, the credits established pursuant to subdivision (a) or (b) shall be allowed only for emission reductions that are in excess of the reasonable further progress goals established by Section 182 of the amendments enacted in 1990 to the Clean Air Act (P.L. 101-549), or in excess of alternative progress goals established in a state implementation plan pursuant to Section 182 of the Clean Air Act.
(d) This section shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this subdivision, and on the January 1 following that date is repealed.
(Amended by Stats. 1994, Ch. 1192, Sec. 28. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years from operative date. Repealed on January 1 after inoperative date, by its own provisions. See later operative version added by Sec. 28.5 of Ch. 1192.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 5 - Financial Provisions › Section 44062.2.

44062.2. (a) The state board shall adopt, by regulation, procedures to establish an emissions credit exchange program whereby persons may contribute to the Vehicle Inspection and Repair Fund, and receive equitable emission reduction credits for those contributions.
(b) Districts may establish procedures to generate marketable emission reduction credits from contributions toward the repair subsidy program specified in Section 44062.1. Emission reduction credits generated pursuant to this subdivision may be used to meet or offset transportation control measure requirements, average vehicle ridership reductions, or other mobile source emission requirements, as determined by the district.
(c) The credits established pursuant to subdivision (a) or (b) shall not be allowed until the emission reduction goals established by the amendments enacted in 1990 to the Clean Air Act (P.L. 101-549) have been achieved.
(d) This section shall become operative five years from the date determined pursuant to Section 32 of the act adding this section.
(Repealed (in Sec. 28) and added by Stats. 1994, Ch. 1192, Sec. 28.5. Effective January 1, 1995. Section operative on date prescribed by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 5 - Financial Provisions › Section 44062.3.

44062.3. (a) The owner of a motor vehicle that has been registered without substantial lapse, as defined by the department, in the state for at least two years prior to vehicle retirement, and that has failed the most recent smog check inspection for that vehicle, may retire the vehicle from operation at a dismantler under contract with the bureau, at any time after learning of the smog check failure. The department shall pay a person who retires his or her vehicle under this section one thousand five hundred dollars ($1,500) for a low-income motor vehicle owner, as defined in Section 44062.1, and one thousand dollars ($1,000) for all other motor vehicle owners. The department may pay a motor vehicle owner more than these amounts based on factors, including, but not limited to, the age of the vehicle, the emission benefit of the vehicle’s retirement, the emission impact of any replacement vehicle, and the location of the vehicle in an area of the state with the poorest air quality.
(b) The department may permit vehicle retirement pursuant to subdivision (a) for any motor vehicle that has been registered without substantial lapse, as defined by the department, in the state for at least two years prior to vehicle retirement, and that fails any type of smog check inspection lawfully performed in the state.
(Amended by Stats. 2013, Ch. 437, Sec. 2. (SB 459) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 5 - Financial Provisions › Section 44063.

44063. (a)  There may be transferred into the Vehicle Inspection and Repair Fund the proceeds of the litigation known as M.D.L. Docket No. 150 AWT, as adjudicated in the United States District Court for the Central District of California.
(b)  The money transferred pursuant to subdivision (a) shall be available, upon appropriation by the Legislature, for use by the department to establish and implement a program for the repair, retrofit, or removal of gross polluting vehicles.
(Added by Stats. 1994, Ch. 27, Sec. 50. Effective March 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 6 - Public Information › Section 44070.

44070. (a)  The department shall develop within the bureau, with the advice and technical assistance of the state board, a public information program for the purpose of providing information designed to increase public awareness of the smog check program throughout the state and emissions warranty information to motor vehicle owners subject to an inspection and maintenance program required pursuant to this chapter. The department shall provide, upon request, either orally or in writing, information regarding emissions related warranties and available warranty dispute resolution procedures.
(b)  The telephone number and business hours, and the address if appropriate, of the emissions warranty information program shall be noticed on the vehicle inspection report provided by the test analyzer system for any vehicle which fails the analyzer test.
(Amended by Stats. 1995, Ch. 91, Sec. 93. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 6 - Public Information › Section 44070.5.

44070.5. (a)  The department shall develop and continuously conduct a public information program, in consultation with the state board. The program shall be designed to develop and maintain public support and cooperation for the motor vehicle inspection and maintenance program and shall include information on all of the following:
(1)  The health damage caused by air pollution.
(2)  The contribution of automobiles to air pollution and the gross polluter problem.
(3)  Whether a motorist’s vehicle could be a gross polluter without the motorist knowing.
(4)  The importance of maintaining a vehicle’s emission control devices in good working order and the importance of the program.
(b)  That information shall be disseminated by all means that the department determines to be feasible and cost-effective, including, but not limited to, television, newspaper, and radio advertising and trailers in movie theaters. The department may also utilize grass roots community networks, including local opinion leaders, churches, the PTA, and the workplace. Extensive marketing research shall be performed to identify the target population.
(Added by Stats. 1994, Ch. 27, Sec. 51. Effective March 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 6 - Public Information › Section 44071.

44071. For purposes of implementing the smog check public awareness and emissions warranty information programs, the department shall use funds from the fee charged for each certificate of compliance or noncompliance which are deposited in the Vehicle Inspection and Repair Fund pursuant to Section 44060.
(Amended by Stats. 1988, Ch. 1544, Sec. 57.5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.

44072. Any license issued under this chapter and the regulations adopted pursuant to it may be suspended or revoked by the director. The director may refuse to issue a license to any applicant for the reasons set forth in Section 44072.1. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein.
(Added by Stats. 1991, Ch. 386, Sec. 11.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.1.

44072.1. The director may deny a license if the applicant, or any partner, officer, or director thereof, does any of the following:
(a)  Fails to meet the qualifications established by the bureau pursuant to Articles 2 (commencing with Section 44010) and 3 (commencing with Section 44030) and the regulations adopted for the issuance of the license applied for.
(b)  Was previously the holder of a license issued under this chapter, which license has been revoked and never reissued or which license was suspended and the terms of the suspension have not been fulfilled.
(c)  Has committed any act that, if committed by any licensee, would be grounds for the suspension or revocation of a license issued pursuant to this chapter.
(d)  Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or whereby the applicant has benefited.
(e)  Has acted in the capacity of a licensed person or firm under this chapter without having a license therefor.
(f)  Has entered a plea of guilty or nolo contendere to, or been found guilty of, or been convicted of a crime substantially related to the qualifications, functions, or duties of the licenseholder in question, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following the conviction, suspending the imposition of sentence, or of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the plea or verdict of guilty, or dismissing the accusation or information.
(Amended by Stats. 2009, Ch. 307, Sec. 102. (SB 821) Effective January 1, 2010.)