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 3394.5 - Ineligible Vehicles

Universal Citation: 16 CA Code of Regs 3394.5

Current through Register 2024 Notice Reg. No. 52, December 27, 2024

(a) The following vehicles are not eligible for participation in the Repair Assistance and Vehicle Retirement options of the Consumer Assistance Program:

(1) A vehicle undergoing a transfer of ownership.

(2) A vehicle being initially registered or re-registered in California.

(3) A direct import vehicle being initially registered in California.

(4) A vehicle powered by alternate fuel, unless a Bureau Referee label is posted on the vehicle.

(5) A specially constructed vehicle, unless a Bureau Referee label is posted on the vehicle.

(6) A dismantled or total loss salvaged vehicle that has not been re-registered pursuant to Section 11519 of the Vehicle Code.

(7) A vehicle operated by a fleet licensed and registered pursuant to Section 44020 of the Health and Safety Code.

(8) A vehicle registered to a non-profit organization or a business.

(9) A vehicle that is untestable on a BAR-97 Emissions Inspection System (EIS) or OBD Inspection System (OIS).

(b) Notwithstanding subsection (a), the following vehicles are not eligible for participation in the Repair Assistance option:

(1) A vehicle with a tampered emissions control system.

(2) A vehicle that has failed its Smog Check inspection that is required for an initial registration, upon transfer of ownership, or registration pursuant to Vehicle Code section 4000.1.

(c) Notwithstanding subsection (a), a vehicle with a tampered emissions control system where the tampered system is the cause for failing the smog check inspection is not eligible for participation in the Vehicle Retirement option.

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

1. New section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-30-99 as an emergency; operative 4-2-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-99 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-26-99 as an emergency; operative 8-2-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-26-99 order, including amendment of section heading and repealer and new section, transmitted to OAL 11-18-99 and filed 1-3-2000 (Register 2000, No. 1).
5. Amendment of section heading, repealer and new section, and amendment of NOTE filed 6-26-2000 as an emergency; operative 7-1-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-30-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading, repealer and new section, and amendment of NOTE refiled 10-30-2000 as an emergency, including further amendment of NOTE; operative 10-30-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-27-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-30-2000 order, including further amendment of section and NOTE, transmitted to OAL 2-9-2001 and filed 3-27-2001 (Register 2001, No. 13).
8. Change without regulatory effect amending subsection (a)(9) filed 10-11-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 41).
9. Amendment of subsection (a)(6), new subsection (b) and amendment of NOTE filed 7-30-2010 as an emergency; effective 7-30-2010. Emergency regulation shall become operative on the effective date of the Air Resources Board's AB 118 Enhanced Fleet Modernization Program regulations, 13 CCR division 3, chapter 13, sections 2620-2630. A Certificate of Compliance must be transmitted to OAL by 1-26-2011 or emergency language will be repealed by operation of law on the following day (Register 2010, No. 31).
10. Certificate of Compliance as to 7-30-2010 order transmitted to OAL 11-30-2010 and filed 1-11-2011 (Register 2011, No. 2).
11. Change without regulatory effect amending subsection (a)(1) filed 1-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 4).
12. Amendment filed 3-30-2012; operative 4-29-2012 (Register 2012, No. 13).
13. Amendment of subsection (a)(9) filed 5-2-2013; operative 7-1-2013 (Register 2013, No. 18).

Note: Authority cited: Sections 44000, 44001.3, 44001.5, 44002, 44091, 44092, 44093, 44094 and 44095, Health and Safety Code. Reference: Sections 44011, 44015, 44017, 44020, 44037.1, 44091, 44092, 44093, 44094, 44095 and 44125, Health and Safety Code; and Section 11519, Vehicle Code.

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