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 3340.41 - Inspection, Test, and Repair Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Smog Check station shall give a copy of
				  the inspection report printed from the EIS or OIS to the customer by attaching
				  it to the customer's invoice.
(b)
				  No person shall enter any access or qualification number other than as
				  authorized by the Bureau into the EIS or OIS, nor in any way tamper with the
				  EIS or OIS.
(c) No person shall
				  enter any vehicle identification information or emission control system
				  identification data for any vehicle other than the one being tested into the
				  EIS or OIS. Nor shall any person enter into the EIS or OIS any false
				  information about the vehicle being tested.
(d) The specifications and procedures
				  required by section
				  44016
				  of the Health and Safety Code shall be the vehicle manufacturer's recommended
				  procedures for emission problem diagnosis and repair or the emission diagnosis
				  and repair procedures found in industry-standard reference manuals and
				  periodicals published by nationally recognized repair information providers.
				  Smog Check test-and-repair and repair-only stations and repair technicians
				  shall, at a minimum, follow the applicable specifications and procedures when
				  diagnosing defects or performing repairs for vehicles that fail a Smog Check
				  inspection.
(e) A Smog Check
				  station shall not perform an initial inspection, except for a pre-test, on any
				  vehicle or issue a certificate of compliance to any vehicle that has been
				  directed to a STAR station for its biennial Smog Check pursuant to sections
				  44010.5
				  or
				  44014.7
				  of the Health and Safety Code, unless the station is certified as a STAR
				  station pursuant to sections
				  44014.2
				  or
				  44014.5
				  of the Health and Safety Code. The reinspection and certification of a directed
				  vehicle that has failed an initial test at a STAR station and has undergone
				  subsequent repairs to correct the cause of the failure shall be performed by a
				  STAR station.
(f) Participation in
				  BAR's biometric data system is an eligibility requirement for Smog Check
				  inspectors. Smog Check inspectors shall have their biometric data collected and
				  identity verified at a BAR field office or other BAR-designated facility prior
				  to biometric use during inspections. For purposes of this section, "biometric
				  data" means data collected from a scan of the licensee's hand(s). During
				  initial biometric data collection and annually, inspectors shall review the
				  Notice on Collection of Personal Biometric Information and Its Use (New 1/2021)
				  and the Biometric Data Collection Consent Statement (New 1/2021), hereby
				  incorporated by reference, and agree to their terms. When prompted by the EIS
				  or OIS software, the licensee shall authenticate their identity for purposes of
				  authorizing their access to the EIS or OIS using a biometric device model
				  specified in section
				  1.8.0 of the Smog Check Manual
				  described in section
				  3340.45. If, at the time of
				  enrollment, the biometric system is unable to collect sufficient data necessary
				  to create a uniquely identifiable profile from both hands, BAR shall allow
				  access to the EIS or OIS using a BAR-assigned access code. If the Bureau
				  determines that the reason for which the uniquely identifiable profile could
				  not be collected is temporary, the Bureau shall establish a 30-day window
				  during which the inspector may access the EIS or OIS using a BAR-assigned
				  access code, after the conclusion of which the inspector would need to return
				  to the BAR field office or other BAR-designated facility to enroll, which shall
				  include the establishment of another 30-day window, if the biometric system is
				  unable to collect sufficient data necessary to create a uniquely identifiable
				  profile from both hands. If, after enrollment, an inspector encounters
				  circumstances where the biometric scanner is unable to collect the data
				  required to permit them to perform an inspection, the inspector shall return to
				  the BAR field office or other BAR-designated facility for enrollment based on
				  the changed circumstances.
(g) When
				  prompted by the EIS or OIS software, the BAR licensee shall permit BAR and/or a
				  BAR designee remote access to view and record audio, video, pictures, and text
				  relating to the inspection.
(h) No
				  licensed station shall have in the approved testing area at any time any
				  electronic device or software capable of simulating the OBD data stream from a
				  vehicle or manipulating OBD VIN, calibration identification, calibration
				  verification number, MIL-status, readiness, or diagnostic trouble codes
				  collected from a vehicle during a Smog Check Inspection.
(i) The procedure for the enrollment process
				  is as follows:
(1) Enrollment at a BAR field
				  office or other BAR-designated-facility shall begin on the effective date of
				  the regulation. BAR will inform Smog Check inspectors of the enrollment start
				  date at least 30 days prior to that date. Smog Check inspectors licensed after
				  the effective date of the regulation shall enroll as outlined in subdivision
				  (f) prior to being allowed to perform any Smog Check inspections. Biometric use
				  in lieu of a BAR-assigned access code shall be mandatory no earlier than
				  October 1, 2022, except as provided in subdivision (f). BAR will inform Smog
				  Check inspectors of the mandatory use date at least 30 days prior to the start
				  date.
(2) BAR will verify inspector
				  identity using two forms of identification. One must be a valid,
				  government-issued photo identification, other than a BAR issued license badge
				  (e.g., driver license, passport, or military identification). The second
				  identification must have the enrollee's signature and legal name (e.g., social
				  security card or credit card). If the enrollee is licensed with a name other
				  than the enrollee's legal name, the enrollee shall correct the name with BAR to
				  match the legal name prior to enrolling.
Licensed enrollees shall also provide their inspector
					 license number and the enrollee's BAR-issued inspector badge if received by the
					 enrollee from BAR prior to enrollment.
(3) Enrollees shall review and agree to the
				  Notice on Collection of Personal Biometric Information and Its Use (New 1/2021)
				  and the Biometric Data Collection Consent Statement (New 1/2021).
(4) Information collected during enrollment
				  will include a photograph of the enrollee's face and a biometric scan of the
				  enrollee's hand(s).