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 10 - Star Program
Section 3392.1 - Required Services and Equipment of Star Stations

Universal Citation: 16 CA Code of Regs 3392.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Both STAR-certified test-only and test-and-repair stations shall provide the following services to the public:

(1) The certification of vehicles previously identified as gross polluters.

(2) The testing and certification of vehicles requiring inspection pursuant to sections 44010.5 or 44014.7 of the Health and Safety Code, regardless of the station's program area location.

(3) STAR stations located in basic or change of ownership program areas that do not perform ASM inspections pursuant to sections 44003 and 44003.5 of the Health and Safety Code are authorized to perform the testing and certification of vehicles registered in enhanced areas only if the vehicles were purchased by a licensed Department of Motor Vehicles motor vehicle dealer, as defined in section 285 of the Vehicle Code, with the intent of offering the vehicles for sale upon the dealer's premises located in a basic or change of ownership area. STAR stations authorized pursuant to this subsection shall not issue a certificate of compliance to a vehicle that is owned by an entity other than a motor vehicle dealer licensed by the Department of Motor Vehicles.

(b)

(1) STAR-certified test-and-repair stations operating under the terms and conditions of an agreement executed pursuant to section 3394.2 of the California Code of Regulations and section 44014.2(c) of the Health and Safety Code shall offer repair assistance services included in the agreement as a component of CAP. This subsection shall apply to those STAR-certified stations located in basic and enhanced areas.

(2) STAR-certified test-and-repair stations shall perform all emissions-related repairs in a good and workmanlike manner and in accordance with the procedures specified by the vehicle manufacturer or by repair standards generally accepted by the industry.

(3) STAR-certified test-and-repair stations shall allow Bureau personnel reasonable access to the station for the on-site inspection of vehicles while repairs are in progress, or for inspection of repaired vehicles still remaining on the premises. These inspections shall be for the purpose of evaluating the appropriateness and effectiveness of the repairs performed by the station.

(c) Both STAR-certified test-only and test-and-repair stations shall be capable of performing required inspections on all vehicles subject to Smog Check. A station shall be deemed not capable of performing uniform and consistent inspections pursuant to Health and Safety Code section 44036(a) if the station fails to maintain at least one of each piece of BAR-certified inspection equipment required in the Smog Check Manual, incorporated by reference in section 3340.45, as follows:

(1) Any equipment requiring calibration shall pass calibration at least once every ten (10) calendar days.

(2) Any BAR-identified equipment deficiencies shall be corrected within the time period specified by BAR.

(3) STAR stations located in basic or change of ownership program areas that certify STAR-directed vehicles only when purchased by a licensed Department of Motor Vehicles motor vehicle dealer are not required to be capable of performing ASM Smog Check inspections, nor required to maintain inspection equipment used exclusively for performing ASM Smog Check inspections.

(d) Any station not capable of performing required inspections shall be restricted from communicating with BAR'S database, as detailed in section 3340.17(f), until BAR verifies all identified deficiencies have been corrected by the station.

1. Renumbering of former article 10 to new article 11 (sections 3395-3395.3), and new article 10 (sections 3392.1-3392.6) and section 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.
2. Certificate of Compliance as to 4-23-97 order, including amendment of first paragraph and NOTE, transmitted to OAL 8-19-97 and filed 9-30-97 (Register 97, No. 40).
3. Amendment of section heading, repealer and new section and amendment of NOTE filed 4-28-2003; operative 5-28-2003 (Register 2003, No. 18).
4. Amendment of introductory paragraph filed 11-1-2011; operative 11-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 44).
5. Amendment of article heading, repealer of former section 3392.1 and renumbering of former section 3392.2.1 to new section 3392.1, including amendment of section heading, 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, 44010.5, 44014.2, 44014.5 and 44095, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44010.5, 44014, 44014.2, 44014.5, 44014.6 and 44092, Health and Safety Code.

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