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 11 - Consumer Assistance Program and Enhanced Fleet Modernization Program
Section 3394.4 - Eligibility Requirements

Universal Citation: 16 CA Code of Regs 3394.4

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

(a) In order to participate in the Repair Assistance option of the Consumer Assistance Program, the following requirements must be met:

(1) The applicant must be the registered owner of the vehicle with vehicle title issued in their name.

(2) The applicant must have a household income that is less than or equal to two hundred twenty-five percent (225%) of the federal poverty level, as published in the Federal Register by the United States Department of Health and Human Services.

(3) The applicant must pay a minimum of twenty percent (20%) of the total cost of diagnosis and repair of the emissions-related failure as co-payment for participating in the Repair Assistance option. Once the Bureau's eighty percent (80%) portion of the diagnosis and repair pursuant to Health and Safety Code section 44094(b)(1) has reached the maximum amount payable as defined by section 3394.3(c), all additional costs shall be borne by the applicant. The co-payment shall be paid directly to the station that performs the state-subsidized emissions-related repair work under an agreement with the Bureau.

(4) At the time of application, the vehicle must:
(A) Have failed its biennial Smog Check inspection. Aborted, manual mode, and training mode tests do not qualify.

(B) Be currently registered with the Department of Motor Vehicles with a valid and unexpired registration sticker, or have all fees paid to the Department of Motor Vehicles and not have a registration that has been expired more than 365 days.

(b) In order to participate in the Vehicle Retirement option of the Consumer Assistance Program, the following requirements must be met:

(1) The applicant must not have retired another vehicle through the Consumer Assistance Program within a twelve-(12) month period.

(2) A joint owner of a vehicle may not retire more than two (2) vehicles through the Consumer Assistance Program within a twelve-(12) month period.

(3) The applicant must be the registered owner of the vehicle with vehicle title issued in their name.

(4) An applicant who meets household income level requirements listed in paragraph (2) of subdivision (a) of this section shall receive two thousand dollars ($2,000) for each vehicle retired.

(5) An applicant who does not meet household income level requirements listed in paragraph (2) of subdivision (a) of this section shall receive one thousand three hundred fifty dollars ($1,350) for each vehicle retired from operation.

(6) At the time of application, the vehicle must:
(A) Have failed its most recent Smog Check inspection for causes other than an ignition timing adjustment or a non-functioning gas cap. Aborted, manual mode, and training mode tests do not qualify.

(B) Be a passenger vehicle, truck, sports utility vehicle (SUV), or van, with a gross vehicle weight rating of 10,000 pounds or less.

(C) Be currently registered with the Department of Motor Vehicles with a valid and unexpired registration sticker, or have all fees paid to the Department of Motor Vehicles and not have a registration that has been expired more than 120 days.

(D) Have been continuously registered in California with the Department of Motor Vehicles without substantial lapse during the two consecutive years preceding the current registration expiration date, such that it has not experienced breaks in registration totaling more than 120 days.

(7) After approval of an application and prior to being accepted for retirement, the vehicle must pass an operational inspection conducted by the Bureau or its representative verifying that:
(A) The vehicle is driven under its own power to an approved dismantler site.

(B) The vehicle's engine starts readily through ordinary means without the use of starting fluids or external booster batteries.

(C) The drivability of the vehicle is not affected by any body, steering, or suspension damage.

(D) The vehicle is able to drive forward a minimum distance of ten (10) yards under its own power.

(E) The interior pedals are operational.

(8) After approval of an application and prior to being accepted for retirement, the vehicle must pass a visual inspection conducted by the Bureau or its representative verifying that:
(A) All doors are present.

(B) The hood lid is present.

(C) The dashboard is present.

(D) The windshield is present.

(E) At least one side window glass is present.

(F) The driver's seat is present.

(G) At least one bumper is present.

(H) The exhaust system is present.

(I) All side and/or quarter panels are present.

(J) At least one headlight, one taillight, and one brake light are present.

(c) This section does not apply to the Enhanced Fleet Modernization Program.

Note: Authority cited: Sections 44001.5, 44002 and 44062.3, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44001.3, 44005, 44010.5, 44011, 44012, 44014.2, 44014.7, 44015, 44017, 44017.1, 44037.1, 44062.1, 44062.3, 44091, 44092, 44093, 44094, 44095 and 44125, Health and Safety Code.

Note: Authority cited: Sections 44001.5, 44002 and 44062.3, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44001.3, 44005, 44010.5, 44011, 44012, 44014.2, 44014.7, 44015, 44017, 44017.1, 44037.1, 44062.1, 44062.3, 44091, 44092, 44093, 44094, 44095 and 44125, Health and Safety Code.

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