[blackax]

Wait what? This does not sound legal, I think they would need your permission to smog your car. unless they have a warrant.

[Throttle Crazy]

Originally Posted by blackax

Wait what? This does not sound legal, I think they would need your permission to smog your car. unless they have a warrant.

Vehicle Pollution Emission Regulations
27157. The State Air Resources Board, after consultation with, and pursuant to the recommendations of, the commissioner, shall adopt such reasonable regulations as it determines are necessary for the public health and safety regarding the maximum allowable emissions of pollutants from vehicles upon a highway. Such regulations shall apply only to vehicles required by Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any federal law or regulation to be equipped with devices or systems to control emission of pollutants from the exhaust and shall not be stricter than the emission standards required of that model year motor vehicle when first manufactured.


Amended Ch. 373, Stats. 1979. Effective January 1, 1980.
If you are operating your vehicle on state and federal highways, according to vehicle code they have the right.

[Throttle Crazy]

More for your reading enjoyment.

27156. (a) No person shall operate or leave standing upon a highway a motor vehicle that is a gross polluter, as defined in Section 39032.5 of the Health and Safety Code.

(b) No person shall operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No person shall disconnect, modify, or alter any such required device.

(c) No person shall install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.

(d) If the court finds that a person has willfully violated this section, the court shall impose the maximum fine that may be imposed in the case, and no part of the fine may be suspended.

(e) "Willfully," as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.

(f) No person shall operate a vehicle after notice by a traffic officer that the vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.

(g) The notice to appear issued or complaint filed for a violation of this section shall require that the person to whom the notice to appear is issued or against whom the complaint is filed produce proof of correction pursuant to Section 40150 or proof of exemption pursuant to Section 4000.1 or 4000.2

(h) This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following:

(1) Not to reduce the effectiveness of a required motor vehicle pollution control device.

(2) To result in emissions from the modified or altered vehicle that are at levels that comply with existing state or federal standards for that model-year of the vehicle being modified or converted.

(i) Aftermarket and performance parts with valid State Air Resources Board Executive Orders may be sold and installed concurrent with a motorcycle’s transfer to an ultimate purchaser.

(j) This section applies to motor vehicles of the United States or its agencies, to the extent authorized by federal law.

Amended Ch. 27, Stats. 1994. Effective March 30, 1994.
Amended Sec. 1, Ch. 325, Stats. 2007. Effective January 1, 2008.

[kdracer73]

And don't forget....diesel testing has begun. 98 and newer. No 6year new car exemption and no 4yr transfer exemption.


I just went through my " training " course. " add on cold air intakes, exhaust temp sensors are not subject to CARB stickers, but is a clue that the vehicle may be modified further and you should pay close attention for programmers and mods that are illegal " Paraphrased a little, but you get the point.

[blackax]

Originally Posted by Throttle Crazy

Vehicle Pollution Emission Regulations
27157. The State Air Resources Board, after consultation with, and pursuant to the recommendations of, the commissioner, shall adopt such reasonable regulations as it determines are necessary for the public health and safety regarding the maximum allowable emissions of pollutants from vehicles upon a highway. Such regulations shall apply only to vehicles required by Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any federal law or regulation to be equipped with devices or systems to control emission of pollutants from the exhaust and shall not be stricter than the emission standards required of that model year motor vehicle when first manufactured.


Amended Ch. 373, Stats. 1979. Effective January 1, 1980.
If you are operating your vehicle on state and federal highways, according to vehicle code they have the right.

It still doesn't mean that they can check it with out my consent. They would need a warrant to do a smog check with out my consent. To do the check they would have to KNOW that my car is a gross polluter and they cant just use probable cause unless my car is dumping black smoke or something like that.
Because there is no way to tell if my car is a gross polluter from just looking at a car.

Now saying all of this my cars pass smog every two years and I don't do anything that will make them not pass smog.

[blackax]

Originally Posted by kdracer73

And don't forget....diesel testing has begun. 98 and newer. No 6year new car exemption and no 4yr transfer exemption.


I just went through my " training " course. " add on cold air intakes, exhaust temp sensors are not subject to CARB stickers, but is a clue that the vehicle may be modified further and you should pay close attention for programmers and mods that are illegal " Paraphrased a little, but you get the point.

Diesel checks are BS

[Vettezuki]

Originally Posted by blackax

Wait what? This does not sound legal, I think they would need your permission to smog your car. unless they have a warrant.

Kinda sounds like illegal search and seizure doesn't it? Where's the probable cause? enkei, where are you?

[joedls]

Originally Posted by Vettezuki

Kinda sounds like illegal search and seizure doesn't it? Where's the probable cause? enkei, where are you?

My guess is that it isn't. They are not searching or seizing your car. They are just analyzing your car's emissions (which, as far as I can tell, are not your property).

It's kind of like your garbage. Once you've thrown it out, it no longer requires a warrant to search.

[Throttle Crazy]

You do have the choice not to have it tested. They just will not renew your registration until you do.

They don't need a warrant to sight you for noise or exhaust modifications, same prinipal I believe.

When you drive over a sensor checking for road traffic flow they don't need your permission.

When they put up sensors to monitor your speed they don't need your permission.

They are not actually touching your property.

[Vettezuki]

Originally Posted by Throttle Crazy

They claim that 15% of the cars on the road are creating over 50% of the total vehicular smog. These cars are being illegally smogged and this is a way to catch them.

What is the basis of their claim? Probably like that complete lie of a report showing how diesel particulates lead to an increased number of deaths. You know, the one that formed the basis of regulation that's taken 10s of thousands of dollars out of your business.