Found IT !! Lots of legal speak..... enkie may be able to translate better than me
I marked the important phrases.
This was under "dealer and wholesale transfers"
•If the record shows a valid PNO and a "transfer only" is being requested, a smog certification is not due for the transfer as long as the purchase date was after the vehicle expiration date.
— See section 11.050 for additional information on "transfer only."
This was under cvc for private party transfers
Chapter 2 TRANSFERS OF TITLE OR INTEREST
Article 2 ENDORSEMENT AND DELIVERY OF
DOCUMENTS
Section
5751.5. Transfer; statement; modification of emissions system;
form.
§ 5751.5. Transfer; statement; modification of emissions
system; form
(a) Upon transfer of the title or interest of the registered owner of
a motor vehicle that is subject to Part 5 (commencing with Section
43000) of Division 26 of the Health and Safety Code, if no certificate
of compliance or certificate of noncompliance is submitted to the
department pursuant to the exemptions described in paragraph (1) of
subdivision (d) of Section 4000.1, ( Posted Below )the transferor of that vehicle shall
sign and deliver to the transferee, upon completion of the transaction,
the original copy of a statement,
under penalty of perjury, that he or
she has not modified the emissions system of the vehicle and does not
have any personal knowledge of anyone else modifying the system
in
a manner that causes the emission system to fail to qualify for the
issuance of a certificate of compliance pursuant to Section 44015 of
the Health and Safety Code. The transferor shall keep a duplicate copy
of the statement delivered to the transferee pursuant to this section.
The department shall prescribe and make available to transferors the
necessary forms to comply with this subdivision.
(b) Any form prescribed by the department pursuant to subdivision
(a) shall contain the following statement and a space for the signatures
of the transferor and transferee at the end of the statement:
“WARNING TO THE BUYER
“A valid certificate of compliance was submitted to the
Department of Motor Vehicles with an application for the renewal of
registration of this vehicle. If an application for transfer is submitted
to the department within the 90–day validity period of the smog
certification, no new smog certification will be required. However, at
present, you may be purchasing a vehicle that may not be in
compliance with specified emission standards.
“By signing this statement, you acknowledge that the seller is not
required to provide you with an additional certificate of compliance
prior to the completion of this transaction.
“You may have this vehicle tested at a licensed smog check station
prior to completion of this transaction to verify compliance. If the
vehicle passes the test, you shall be responsible for the costs of the test.
If the vehicle fails the test, the seller is obligated to reimburse you the
cost of having the vehicle tested and, without expense to you, must
have the vehicle repaired to comply with specified emission standards
prior to completion of this transaction.
(Transferor) (Date)
(Transferee) (Date)”
(Added by Stats.1993, c. 958 (S.B.575), § 2. Amended by Stats.2002,
c. 127 (A.B.2303), § 2; Stats.2004, c. 650 (A.B.3047), § 7.)
4000.1. Certificate of compliance or noncompliance;
statement in lieu of certificate; exemptions;
testing for collector motor vehicle
(a) Except as otherwise provided in subdivision (b), (c), or (d) of
this section, or subdivision (b) of Section 43654 of the Health and
Safety Code, the department shall require upon initial registration, and
upon transfer of ownership and registration, of any motor vehicle
subject to Part 5 (commencing with Section 43000) of Division 26 of
the Health and Safety Code, a valid certificate of compliance or a
certificate of noncompliance, as appropriate, issued in accordance
with Section 44015 of the Health and Safety Code.
(b) With respect to new motor vehicles certified pursuant to
Chapter 2 (commencing with Section 43100) of Part 5 of Division 26
of the Health and Safety Code, the department shall accept a statement
completed pursuant to subdivision (b) of Section 24007 in lieu of the
certificate of compliance.
(c) For purposes of determining the validity of a certificate of
compliance or noncompliance submitted in compliance with the
requirements of this section, the definitions of new and used motor
vehicle contained in Chapter 2 (commencing with Section 39010) of
Part 1 of Division 26 of the Health and Safety Code shall control.
(d) Subdivision (a) does not apply to a transfer of ownership and
registration under any of the following circumstances:
(1) The initial application for transfer is submitted within the
90–day validity period of a smog certificate as specified in Section
44015 of the Health and Safety Code.
(2) The transferor is the parent, grandparent, sibling, child,
grandchild, or spouse of the transferee.
(3) A motor vehicle registered to a sole proprietorship is transferred
to the proprietor as owner.
(4) The transfer is between companies the principal business of
which is leasing motor vehicles, if there is no change in the lessee or
operator of the motor vehicle or between the lessor and the person who
has been, for at least one year, the lessee’s operator of the motor
vehicle.
(5) The transfer is between the lessor and lessee of the motor
vehicle, if there is no change in the lessee or operator of the motor
vehicle.
(6) The motor vehicle was manufactured prior to the 1976
model–year.
(7) Beginning January 1, 2005, the transfer is for a motor vehicle
that is four or less model–years old. The department shall impose a fee
of eight dollars ($8) on the transferee of a motor vehicle that is four
or less model–years old. Revenues generated from the imposition of
that fee shall be deposited into the Vehicle Inspection and Repair
Fund.
(e) The State Air Resources Board, under Part 5 (commencing with
Section 43000) of Division 26 of the Health and Safety Code, may
exempt designated classifications of motor vehicles from subdivision
(a) as it deems necessary, and shall notify the department of that
action.
(f) Subdivision (a) does not apply to a motor vehicle when an
additional individual is added as a registered owner of the motor
vehicle.
(g) For purposes of subdivision (a), any collector motor vehicle, as
defined in Section 259, is exempt from those portions of the test
required by subdivision (f) of Section 44012 of the Health and Safety
Code, if the collector motor vehicle meets all of the following criteria:
(1) Submission of proof that the motor vehicle is insured as a
collector motor vehicle, as shall be required by regulation of the
bureau.
(2) The motor vehicle is at least 35 model–years old.
(3) The motor vehicle complies with the exhaust emissions
standards for that motor vehicle’s class and model year as prescribed
by the department, and the motor vehicle passes a functional
inspection of the fuel cap and a visual inspection for liquid fuel leaks.
