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 5.5 - Motor Vehicle Inspection Program
Section 3340.16.5 - Test-and-Repair Station Requirements

Universal Citation: 16 CA Code of Regs 3340.16.5

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

(a) A Smog Check test-and-repair station shall meet the requirements for equipment and materials as specified in the Smog Check Manual referenced in section 3340.45.

(b) A Smog Check test-and-repair station that has accepted a vehicle for inspection shall disclose both orally and in writing on the written estimate provided pursuant to section 9884.9 of the Business and Professions Code, before the initial inspection of the vehicle, if the vehicle is potentially affected by any of the following conditions:

(1) The station does not have adequate equipment, personnel, tools or reference materials to repair the vehicle, should the vehicle fail its inspection; or

(2) The station, as a matter of policy, does not repair certain types, makes or models of vehicles; or

(3) The station, as a matter of policy, does not repair certain types of vehicle inspection failures.

(c) A Smog Check test-and-repair station shall not refer a consumer to a STAR-certified station in which the owner of the test-and-repair station has a financial interest for the purpose of having the vehicle inspected pursuant to sections 44010.5 and 44014.7 of the Health and Safety Code.

(1) A financial interest includes any ownership in both stations, or any compensation for business referrals by either station including, but not limited to, direct payment, barter agreements, or "quid pro quo" arrangements.

(2) Stations that are not STAR-certified shall provide consumers with instructions regarding how to access on the Bureau's website an updated list, compiled by region, of STAR-certified Smog Check stations.

1. Amendment filed 4-16-90; operative 4-16-90 (Register 90, No. 19).
2. New subsection (a)(8) and subsection renumbering filed 10-23-91; operative 11-22-91 (Register 92, No. 35).
3. Amendment of section heading and subsection (a) filed 8-18-92; operative 9-17-92 (Register 92, No. 37).
4. Repealer of subsection (c) and amendment of NOTE filed 4-29-96 as an emergency; operative 4-29-96 (Register 96, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a) and (a)(3), repealer of subsection (a)(5) and subsection renumbering, amendment of newly designated subsections (a)(6)-)(a)(9), new subsections (a)(11)-(b)(2) and subsection relettering filed 7-26-96 as an emergency; operative 7-26-96 (Register 96, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-29-96 order transmitted to OAL 8-21-96 and filed 9-30-96 (Register 96, No. 40).
7. Editorial correction of subsection (a)(8) (Register 97, No. 2).
8. Certificate of Compliance as to 7-26-96 order, including further amendment of subsection (a), repealer of subsection (a)(13) and amendment of subsection (b)(2), transmitted to OAL 11-19-96 and filed 1-6-97 (Register 97, No. 2).
9. Amendment of section heading and subsections (a) and (c), and new subsection (d) filed 4-15-97 as an emergency; operative 4-15-97 (Register 97, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-13-97 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of HISTORY 9 (Register 97, No. 29).
11. Certificate of Compliance as to 4-15-97 order transmitted to OAL 8-11-97 and filed 9-18-97 (Register 97, No. 38).
12. New subsections (a)(13) and (b)(3) filed 2-1-2001; operative 2-1-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 5).
13. Amendment of subsections (a)-(a)(1), new subsections (a)(1)(A)-(B), amendment of subsection (b)(2) and amendment of NOTE filed 11-27-2001; operative 12-27-2001 (Register 2001, No. 48).
14. Amendment of subsection (b)(1) filed 2-15-2002 as an emergency; operative 2-15-2002 (Register 2002, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-17-2002 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 2-15-2002 order transmitted to OAL 6-13-2002 and filed 7-26-2002 (Register 2002, No. 30).
16. Amendment of section and NOTE filed 5-30-2006; operative 6-29-2006 (Register 2006, No. 22).
17. Amendment of subsections (b)(3) and (d), new subsections (e)-(e)(2), subsection relettering and amendment of newly designated subsection (f) filed 11-1-2011; operative 11-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 44).
18. Amendment of subsection (a), repealer of subsections (a)(1)-(13) and (b)(2), subsection renumbering and amendment of subsection (d) and NOTE filed 2-1-2012; operative 2-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 5).
19. Amendment of subsection (a), repealer of subsections (b)-(b)(2) and subsection relettering filed 5-2-2013; operative 7-1-2013 (Register 2013, No. 18).
20. Amendment of 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 44002, 44014.2 and 44014.5, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44012, 44014.5(e), 44014.6, 44030(b) and 44036(b), Health and Safety Code.

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