California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 5.5 - Motor Vehicle Inspection Program › Section 3340.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Acceleration Simulation Mode" or "ASM" means a type of
					 vehicle emissions test conducted with the test vehicle on a chassis dynamometer
					 to simulate on-road acceleration operating conditions.
"Advanced emission specialist technician" means an
					 individual licensed by the Bureau, prior to August 1, 2012, to inspect,
					 diagnose, adjust, repair, and certify the emissions control systems on vehicles
					 subject to the Smog Check Program at Smog Check stations in all areas of the
					 state.
"After repairs test" means a test performed on a vehicle
					 after repairs have been made to that vehicle as a result of failing an
					 inspection at a Smog Check station.
"Alternative fuel retrofit system" means an aftermarket
					 system certified by the California Air Resources Board to be installed on a
					 vehicle to operate on an alternate fuel, in lieu of the fuel type specified by
					 the original vehicle manufacturer.
"ARD-exempt heavy-duty station" means a Smog Check
					 test-and-repair station or a Smog Check test-only station that only tests
					 and/or repairs commercial vehicles which have a gross vehicle weight rating of
					 10,000 pounds or greater.
"BAR-97 Emissions Inspection System" or "EIS" means
					 tamper-resistant test equipment meeting the requirements of subsection (a) of
					 section 3340.17 of the California Code of
					 Regulations and is certified by the Bureau for use in the Smog Check Program.
					 The EIS collects and measures emissions data, and where applicable On-Board
					 Diagnostics (OBD) data, then transmits inspection results to the Vehicle
					 Information Database.
"Basic area" or "basic vehicle inspection and maintenance
					 program area" means the Smog Check Program conducted in any area of the state
					 that is not classified as an enhanced vehicle inspection and maintenance
					 program area.
"Basic area technician" means an individual licensed by the
					 Bureau, prior to August 1, 2012, to inspect, diagnose, adjust, repair, and
					 certify the emissions control systems on vehicles subject to the Smog Check
					 Program at Smog Check stations in areas of the state designated as basic
					 vehicle inspection and maintenance program areas.
"Bureau" or "BAR" means the Bureau of Automotive
					 Repair.
"Chassis dynamometer" is a treadmill-like device for a
					 vehicle that is used to simulate on-road acceleration operating
					 conditions.
"Clean gassing" means introducing a substitute gas into the
					 EIS, so that the EIS will measure either the substitute or a mixture of the
					 substitute gas and exhaust emissions rather than the actual vehicle emissions,
					 in order to cause the EIS to issue a certificate of compliance for the test
					 vehicle.
"Clean piping" means the use of a substitute exhaust
					 emissions sample in place of the actual test vehicle's exhaust in order to
					 cause the EIS to issue a certificate of compliance for the test vehicle.
"Clean plugging" means using a substitute vehicle's OBD
					 system, or another source, to generate data readings or diagnostic information
					 in order to cause the OIS to issue a certificate of compliance for the test
					 vehicle.
"Consumer Assistance Program" or "CAP" means a program of
					 the Bureau of Automotive Repair that provides eligible motor vehicle owners the
					 options of Repair Assistance and Vehicle Retirement.
"Directed vehicle" means a vehicle that is required to be
					 inspected at a STAR-certified station because it either has an elevated
					 likelihood of smog check failure or is selected at random, pursuant to section
					 44010.5 or
					 44014.7, respectively, of the
					 Health and Safety Code.
"Dismantler" means an automobile dismantler, as defined in
					 section
					 220 of the
					 Vehicle Code and licensed pursuant to section
					 11500 of the
					 Vehicle Code, who has contracted with the Bureau to retire vehicles from
					 operation.
"Engine change" means the installation of an engine in a
					 vehicle that is different from the vehicle manufacturer original configuration
					 as certified by the United States Environmental Protection Agency or California
					 Air Resources Board.
"Enhanced area" or "enhanced vehicle inspection and
					 maintenance program area" means the Smog Check Program conducted in any part of
					 an urbanized area of the state which is classified by the Environmental
					 Protection Agency as a serious, severe, or extreme nonattainment area for ozone
					 or a moderate or serious nonattainment area for carbon monoxide with a design
					 value greater than 12.7 ppm.
"Equipment platform" means the type of equipment, either
					 EIS or OIS, used to perform a Smog Check inspection.
"Excessive Test Deviation Rate" occurs under any of the
					 following circumstances in a calendar quarter:
(1) The rate for which the ignition timing
				  test is not performed exceeds the statewide average for similar vehicles where
				  90% of similar vehicles received the test.
(2) The rate for which the fuel cap test is
				  not performed exceeds the statewide average for similar vehicles where 90% of
				  similar vehicles received the test.
(3) The rate for which the low-pressure fuel
				  evaporative test is not performed exceeds the statewide average for similar
				  vehicles where 90% of similar vehicles received the test.
(4) The rate for which the OBDII test is not
				  performed exceeds the statewide average for similar vehicles where 90% of
				  similar vehicles received the test.
(5) The rate for which inspections are
				  aborted exceeds 125% of the statewide average for similar vehicles on
				  inspection equipment of the same manufacturer.
(6) The rate for which inspections are
				  restarted exceeds 125% of the statewide average for similar vehicles.
(7) The rate for which inspections are
				  performed using the incorrect equipment platform exceeds 125% of the statewide
				  average for similar vehicles.
"Follow-up Pass Rate" or "FPR" means a performance measure
					 that evaluates whether vehicles previously certified by each station or
					 inspector are passing, in their current cycle, at higher than expected rates.
					 Expected rates are calculated by averaging passing rates for similar vehicles,
					 and then adjusting the rates to account for an individual vehicle's odometer
					 reading, the type of inspection performed in the current inspection cycle on
					 the vehicle, the amount of time since the last certification for the vehicle,
					 and the initial test results in the previous inspection cycle. An FPR score is
					 assigned to both Smog Check stations and inspectors, and is based on the
					 current inspection cycle test results of vehicles that were previously
					 certified by stations and inspectors. An FPR score ranges from zero to one,
					 with zero representing the lowest possible score and one representing the
					 highest possible score. FPR data reports are updated in January and July each
					 year. Stations and inspectors with insufficient inspection histories from which
					 to calculate an FPR score will not receive an FPR score.
"Gaseous fuel" means fuel composed of propane, liquefied
					 natural gas, or compressed natural gas.
"Gear Shift Incident" means an inspection where data from
					 the VID indicates the inspector did not follow the gear selection procedure
					 specified in the Smog Check Manual that is incorporated by reference in section
					 3340.45.
"Heavy-duty vehicle" means a vehicle with a manufacturer's
					 gross vehicle weight rating of 8,501 pounds or more.
"Household" means a family of persons or any group of two
					 or more unrelated persons that reside together and share common living
					 expenses.
"Implementation area" means a geographical area, in which a
					 local district has requested implementation of a biennial inspection program
					 pursuant to section
					 44003
					 of the Health and Safety Code.
"Initial inspection" means the first Smog Check inspection
					 of a vehicle done in official test mode or pre-test mode and performed within
					 one hundred eighty (180) days prior to a registration renewal date or a change
					 of ownership date for that vehicle. An initial inspection does not include
					 inspections that are aborted before completion or inspections done in the
					 training or manual modes of the EIS.
"Inspector" or "Smog Check inspector" means an individual
					 licensed by the Bureau to inspect and certify the emissions control systems on
					 vehicles subject to the Smog Check Program in all areas of the state.
"Inspector Information Table" means the Bureau's electronic
					 list of licensed inspectors authorized to perform official Smog Check
					 inspections at a specific station.
"Non-directed vehicle" means a vehicle that is not required
					 to be inspected at a STAR-certified station because it either does not have an
					 elevated likelihood of smog check failure or is not selected at random pursuant
					 to sections
					 44010.5 or
					 44014.7, respectively, of the
					 Health and Safety Code.
"OBD Inspection System" or "OIS" consists of an OBD Data
					 Acquisition Device (DAD) working in conjunction with commercial off-the-shelf
					 computer, bar code scanner, data entry device, and printer. The DAD is the
					 inspection equipment that meets the requirements of subsection (b) of section
					 3340.17 of the California Code of
					 Regulations and is certified by the bureau for use in the Smog Check Program.
					 The DAD facilitates OBD data transfer between the inspected vehicle and the OIS
					 computer. The OIS computer relays inspection information to and from the DAD to
					 the Vehicle Information Database (VID).
"On-Board Diagnostics" or "OBD" means the automotive
					 electronic system that uses onboard computer(s) to monitor emission systems
					 in-use, detects malfunctions of the monitored emission systems, illuminates a
					 malfunction indicator light (MIL) to notify the vehicle operator of detected
					 malfunctions, and stores fault codes identifying the detected
					 malfunctions.
"On-Board Diagnostics II" or "OBD II" means the second
					 generation of On-Board Diagnostics consisting of standardized monitors, vehicle
					 connectors, and data found in most light-duty vehicles sold in California
					 beginning with the 1996 model year.
"Program" or "Smog Check Program" means the motor vehicle
					 inspection program conducted pursuant to section
					 44005
					 of the Health and Safety Code, and as described in this article.
"Referee" or "Smog Check Referee" means a facility under
					 contract with the Bureau to provide independent evaluations of vehicles and
					 services for vehicles with unusual inspection circumstances or as required by
					 the Bureau.
"Repair Assistance" means a component of CAP that provides
					 financial assistance for emissions-related repairs to help eligible motor
					 vehicle owners bring their vehicles into compliance with the requirements of
					 the Smog Check Program.
"Repair-only station" or "Smog Check repair-only station"
					 means a station licensed by the Bureau to diagnose and repair vehicles in the
					 Smog Check Program.
"Repair technician" or "Smog Check repair technician" means
					 an individual licensed by the Bureau to diagnose, adjust, and repair the
					 emissions control systems on vehicles subject to the Smog Check Program at Smog
					 Check stations in all areas of the state.
"Revivable Junk Receipt" means a receipt showing proof that
					 the vehicle is recorded and titled as "junked" by the Department of Motor
					 Vehicles.
"Similar Vehicle Failure Rate" or "SVFR" means a calendar
					 quarter comparison of the initial test failure rate of vehicles at an
					 individual station to the initial test failure rate for similar vehicles
					 inspected statewide, taking into account the vehicle odometer reading, the time
					 since passing the last inspection, and the initial test results in the previous
					 cycle. Vehicles for which data is not available to adequately establish an
					 initial test failure rate will not be used in the SVFR calculation.
"Similar vehicles" means vehicles with the same Vehicle
					 Lookup Table Row ID, or at a minimum, vehicles with the same model-year, make,
					 and engine displacement.
"STAR" means a voluntary certification program that applies
					 to an automotive repair dealer that is also licensed as either a Smog Check
					 test-and-repair station or a Smog Check test-only station that meets all
					 requirements specified in this article.
"Station" or "Smog Check station" means a Smog Check
					 test-only station, a Smog Check test-and-repair station, or a Smog Check
					 repair-only station licensed by the Bureau in the Smog Check Program.
"Test-and-repair station" or "Smog Check test-and-repair
					 station" means a Smog Check station licensed by the Bureau to test, inspect,
					 diagnose, and repair vehicles in the Smog Check Program.
"Test Deviation" occurs under any of the following
					 conditions:
(1) The station fails to
				  inspect ignition timing on a vehicle that requires this test.
(2) The station fails to perform the fuel cap
				  test on a vehicle that requires this test.
(3) The station fails to perform the
				  low-pressure fuel evaporative test on a vehicle that requires this
				  test.
(4) The station fails to
				  perform an OBDII test on a vehicle that requires this test.
(5) The station aborts a Smog Check
				  inspection.
(6) The station
				  restarts a Smog Check inspection.
(7) The station performs a Smog Check
				  inspection using the incorrect equipment platform.
"Test-only station" or "Smog Check test-only station" means
					 a Smog Check station licensed by the Bureau to test and inspect vehicles in the
					 Smog Check Program.
"Two-Speed Idle" or "TSI" means a type of vehicle emissions
					 test conducted with the vehicle transmission in neutral or park while the
					 engine is run at two different engine speeds.
"Vehicle Information Database" or "VID" means a centralized
					 computer database and computer network, which is readily accessible by all Smog
					 Check inspectors on a real-time basis.
"Vehicle Inspection Report" or "VIR" means an official Smog
					 Check inspection report that is printed from an OIS or EIS and given to the
					 registered vehicle owner(s) or their legal representative.
"Vehicle Lookup Table" or "VLT" means a reference table
					 continuously maintained by BAR and available for review on request used to
					 determine test parameters necessary to perform a BAR-97 inspection, including
					 the type of inspection, vehicle test weight, and vehicle emission cutpoints.
					 Vehicles in the table are identified by factors such as vehicle body type,
					 model year, make, model, engine displacement, and fuel type.
"Vehicle Retirement" means a component of CAP that provides
					 payments to eligible motor vehicle owners who choose to voluntarily retire
					 their vehicles from operation rather than make emissions-related repairs to
					 bring the vehicles into compliance with the requirements of the Smog Check
					 Program.
"VLT Row ID" means the Vehicle Lookup Table row
					 identification number that identifies a vehicle using information about its
					 body type, model year, make, model, engine displacement, and transmission
					 type.
1. New
					 article 5.5 (sections
					 3340.1-3340.50.5) filed 3-23-84;
					 effective upon filing pursuant to Government Code section
					 11346.2(d)
					 (Register 84, No. 12).
2. New subsection (j) filed 8-24-88;
					 operative 9-23-88 (Register 88, No. 37).
3. Amendment filed 4-16-90;
					 operative 4-16-90 (Register 90, No. 19).
4. New subsection (k) filed
					 5-11-90; operative 6-10-90 (Register 90, No. 26).
5. Repealer of
					 subsection (e), subsection relettering, amendment of newly designated
					 subsections (e) and (k), new subsections (l)-(o) and NOTE filed 6-23-95 as an
					 emergency; operative 6-23-95 (Register 95, No. 25). A Certificate of Compliance
					 must be transmitted to OAL by 10-21-95 or emergency language will be repealed
					 by operation of law on the following day.
6. New subsection (p) and
					 amendment of NOTE filed 8-17-95 as an emergency; operative 8-17-95 (Register
					 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-15-95
					 or emergency language will be repealed by operation of law on the following
					 day.
7. Certificate of Compliance as to 6-23-95 order including
					 amendment of subsection (m) transmitted to OAL 10-20-95 and filed 12-6-95
					 (Register 95, No. 49).
8. Certificate of Compliance as to 8-17-95
					 order transmitted to OAL 12-15-95 and filed 1-25-96 (Register 96, No.
					 4).
9. Amendment of subsection (g) filed 4-29-96 as an emergency;
					 operative 4-29-96 (Register 96, No. 18). A Certificate of Compliance must be
					 transmitted to OAL by 8-27-96 or emergency language will be repealed by
					 operation of law on the following day.
10. Amendment of subsection
					 (c) and (d), new subsection (e) and subsection relettering, repealer of
					 previously designated subsection (f), and amendment of subsections (g), (k) and
					 (l) filed 7-26-96 as an emergency; operative 7-26-96 (Register 96, No. 30). A
					 Certificate of Compliance must be transmitted to OAL by 11-25-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
11. Certificate of Compliance as to 4-29-96 order transmitted
					 to OAL 8-21-96 and filed 9-30-96 (Register 96, No. 40).
12.
					 Editorial correction of subsection (p) (Register 97, No. 2).
13.
					 Certificate of Compliance as to 7-26-96 order, including further amendment of
					 subsection (g), transmitted to OAL 11-19-96 and filed 1-6-97 (Register 97, No.
					 2).
14. New subsections (q) and (r) and amendment of NOTE filed
					 4-23-97 as an emergency; operative 4-23-97 (Register 97, No. 17). A Certificate
					 of Compliance must be transmitted to OAL by 8-21-97 or emergency language will
					 be repealed by operation of law on the following day.
15.
					 Certificate of Compliance as to 4-23-97 order, including new subsections
					 (s)-(t) and further amendment of NOTE, transmitted to OAL 8-19-97 and filed
					 9-30-97 (Register 97, No. 40).
16. New subsections (u)-(x) and
					 amendment of NOTE filed 10-30-98 as an emergency; operative 10-30-98 (Register
					 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-99
					 or emergency language will be repealed by operation of law on the following
					 day.
17. New subsections (ad)-(ag) and amendment of NOTE filed
					 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate
					 of Compliance must be transmitted to OAL by 4-2-99 or emergency language will
					 be repealed by operation of law on the following day.
18. New
					 subsections (u)-(x) and amendment of NOTE refiled 2-25-99 as an emergency;
					 operative 3-1-99 (Register 99, No. 9). A Certificate of Compliance must be
					 transmitted to OAL by 6-29-99 or emergency language will be repealed by
					 operation of law on the following day.
19. New subsections (ad)-(ag)
					 and amendment of NOTE refiled 3-30-99 as an emergency; operative 4-2-99
					 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL
					 by 8-2-99 or emergency language will be repealed by operation of law on the
					 following day.
20. Certificate of Compliance as to 2-25-99
					 emergency, including amendment of subsection (x) and NOTE, transmitted to OAL
					 3-18-99 and filed 4-15-99; effective 5-1-99 (Register 99, No.
					 16).
21. New subsections (ad)-(ag) and amendment of NOTE refiled
					 7-26-99 as an emergency; operative 8-2-99 (Register 99, No. 31). A Certificate
					 of Compliance must be transmitted to OAL by 11-30-99 or emergency language will
					 be repealed by operation of law on the following day.
22.
					 Certificate of Compliance as to 7-26-99 order, including further amendment of
					 subsections (ad)-(ag) and NOTE, transmitted to OAL 11-18-99 and filed 1-3-2000
					 (Register 2000, No. 1).
23. Amendment of subsection (v) and repealer
					 of subsection (w) filed 3-27-2000 as an emergency; operative 3-27-2000
					 (Register 2000, No. 13). A Certificate of Compliance must be transmitted to OAL
					 by 7-25-2000 or emergency language will be repealed by operation of law on the
					 following day.
24. Amendment of subsection (v), repealer of
					 subsection (af), redesignation and amendment of subsections (x)-(ag) as
					 subsections (w)-(z), new subsection (aa) and amendment of NOTE filed 6-26-2000
					 as an emergency; operative 7-1-2000 (Register 2000, No. 26). A Certificate of
					 Compliance must be transmitted to OAL by 10-30-2000 or emergency language will
					 be repealed by operation of law on the following day.
25. Amendment
					 of subsection (v), repealer of subsection (af), redesignation and amendment of
					 subsections (x)-(ag) as subsections (w)-(z), new subsection (aa) and amendment
					 of NOTE refiled 10-30-2000 as an emergency; operative 10-30-2000 (Register
					 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by
					 2-27-2001 or emergency language will be repealed by operation of law on the
					 following day.
26. Certificate of Compliance as to 10-30-2000 order,
					 including further amendment of subsections (v)-(y), new subsection (z),
					 subsection relettering, and amendment of newly designated subsection (bb),
					 transmitted to OAL 2-9-2001 and filed 3-27-2001 (Register 2001, No.
					 13).
27. Amendment of subsection (g), new subsection (t), subsection
					 relettering and amendment of NOTE filed 3-3-2003; operative 4-2-2003 (Register
					 2003, No. 10).
28. Amendment of subsection (q), repealer and new
					 subsections (r) and (s), new subsection (u), repealer of former subsection (v)
					 and subsection relettering filed 4-28-2003; operative 5-28-2003 (Register 2003,
					 No. 18).
29. Editorial correction restoring inadvertently omitted
					 subsection (h) (Register 2006, No. 19).
30. Amendment of subsections
					 (c)-(g), (i)-(j), (q)-(v) and (bb)-(cc) filed 5-30-2006; operative 6-29-2006
					 (Register 2006, No. 22).
31. Change without regulatory effect
					 repealing and adopting new section filed 5-19-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 21).
32. Amendment filed 11-1-2011;
					 operative 11-1-2011 pursuant to Government Code section
					 11343.4
					 (Register 2011, No. 44).
33. New definitions of "Repair-Only
					 station," "Smog Check Inspector" and "Smog Check Repair Technician," amendment
					 of definition of "Smog check technician" and repealer of definition of
					 "Supervising technician" filed 2-1-2012; operative 2-1-2012 pursuant to
					 Government Code section
					 11343.4
					 (Register 2012, No. 5).
34. New definitions of "BAR-97 Emissions
					 Inspection System" and "OBD Inspection System," amendment of definitions of
					 "Vehicle Inspection Report" and "Gear Shift Incident" and repealer of
					 definitions of "Emissions Inspection System" filed 5-2-2013; operative 7-1-2013
					 (Register 2013, No. 18).
35. New definitions of "Alternative fuel
					 retrofit system," "Engine change" and "Smog Check Referee" filed 5-17-2013;
					 operative 7-1-2013 (Register 2013, No. 20).
36. New definitions of
					 "Advanced emission specialist technician," "Basic area technician" and "Smog
					 Check repair-only station," repealer of defintion of "Repair-Only station," and
					 amendment of definition of "Smog Check station" filed 7-28-2016; operative
					 7-28-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 31).
37. Amendment of section and NOTE filed
					 5-5-2022; operative 7-1-2022 (Register 2022, No. 18). (Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.)
Note: Authority cited: Sections
						44001.5,
						44002,
						44072.10
						and
						44095,
						Health and Safety Code; and Section
						9882,
						Business and Professions Code. Reference: Sections
						44001.3,
						44005,
						44010.5,
						44011,
						44012,
						44014,
						44014.2,
						44014.5,
						44017,
						44017.1,
						44030,
						44036,
						44037.1,
						44056,
						44062.1,
						44070,
						44072.10,
						44092,
						44093,
						44094
						and
						44103,
						Health and Safety Code.