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 3340.28 - Licenses and Qualifications for Smog Check Inspectors and Repair Technicians

Universal Citation: 16 CA Code of Regs 3340.28

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

(a) An individual may qualify for the following Smog Check licenses:

(1) Smog Check Inspector. The Smog Check Inspector license allows an individual to inspect, and certify the emissions control systems on vehicles subject to the Smog Check Program in all areas of the state. The Smog Check Inspector license expires pursuant to the requirements in subsection (d) of section 3340.29 of this Article.

(2) Smog Check Repair Technician. The Smog Check Repair Technician license allows an individual to diagnose, adjust, and repair the emissions control systems on vehicles subject to the Smog Check Program at smog check stations in all areas of the state. The Smog Check Repair Technician license expires pursuant to the requirements in subsection (d) of section 3340.29 of this Article.

(b) Smog Check Inspector Qualifications.

The Smog Check Inspector license requires an examination. The qualifications to take the examination for the Smog Check Inspector license are:

(1) The applicant must provide proof, satisfactory to the bureau, of:
(A) The successful completion of bureau specified engine and emission control training within the last two years, and successful completion of the bureau's smog check training within the last two years; or

(B) At the bureau's discretion, successful completion of a competency assessment within the last two years, and successful completion of the bureau's smog check training within the last two years; or

(C) The applicant must provide proof, satisfactory to the bureau, of meeting the qualifications established in subsection (c)(1) and successful completion of the bureau's smog check training within the last two years.

(2) Update Training. The bureau may require update training as part of the requirements for license renewal. An applicant for renewal of a Smog Check Inspector license must provide proof, satisfactory to the bureau, of successful completion of bureau specified update training. At the bureau's discretion, a Smog Check Inspector may take a challenge test in lieu of taking the update training.

(c) Smog Check Repair Technician Qualifications. The Smog Check Repair Technician license requires an examination. The qualifications to take the examination for the Smog Check Repair Technician license are:

(1) The applicant must provide proof, satisfactory to the bureau, of:
(A) Possession of an Associate of Arts or Associate of Science degree or higher in Automotive Technology, from a state accredited or recognized college, public school, or trade school, and one year automotive repair experience in the engine performance area; or

(B) Possession of a certificate in automotive technology, from a state accredited or recognized college, public school, or trade school with a minimum of 720 hours course work that includes at least 280 hours course work in the engine performance area, and one year of automotive repair experience in the engine performance area; or

(C) A minimum of two years of automotive repair experience in the engine performance area, and successful completion of bureau specified diagnostic and repair training within the last five years; or

(D) The applicant must provide proof, satisfactory to the bureau, of certification in the categories of Electrical/Electronic Systems (A6), Engine Performance (A8) and Advanced Engine Performance Specialist (L1) from the National Institute for Automotive Service Excellence, or other such established and nationally recognized automotive repair certification institution as determined by the bureau.

(2) Update Training. The bureau may require update training as part of the requirements for license renewal. An applicant for renewal of a license must provide proof, satisfactory to the bureau, of successful completion of a minimum of 16 hours of bureau specified update training. At the bureau's discretion, a repair technician may take a challenge test in lieu of taking the update training.

(d) A single license that allows the applicant to perform the services described in subsections (a)(1) and (2) may be issued to applicants who qualify for and pass the exam for both license types.

(e) Upon renewal of an unexpired Basic Area Technician license or an Advanced Emission Specialist Technician license issued prior to the effective date of this regulation, the licensee may apply to renew as a Smog Check Inspector, Smog Check Repair Technician, or both.

(f) The redesignation of a Basic Area Technician license or an Advanced Emission Specialist Technician license to a Smog Check Inspector license, Smog Check Repair Technician license, or both, shall not deprive the director of the right to proceed with any investigation or administrative disciplinary proceeding against the Smog Check Technician license or to render a decision invalidating or revoking the license(s) as redesignated.

(g) If a Basic Area Technician license or an Advanced Emission Specialist Technician license is subject to an order of suspension, a probationary order, or any other administrative disciplinary actions at the time of renewal and redesignation as a Smog Check Inspector, Smog Check Repair Technician, or both, the order of suspension, probationary order, or other administrative disciplinary action shall be applied to the redesignated Smog Check Technician license.

(h) An applicant for renewal of a Smog Check Repair Technician license who does not possess certification pursuant to subsection (c)(1)(D) of this section must provide proof, satisfactory to the bureau, of successful completion of the bureau specified diagnostic and repair training within the last five years.

1. New section filed 6-23-95 as an emergency; operative 6-23-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-21-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-23-95 order transmitted to OAL 10-20-95 and filed 12-6-95 (Register 95, No. 49).
3. Amendment of section and NOTE 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.
4. Editorial correction of subsections (a)(2), (b)(2)(A), (b)(2)(C), (b)(3)(B), (b)(3)(C) and (b)(4)(A) (Register 97, No. 2).
5. Certificate of Compliance as to 7-26-96 order, including amendment of subsection (a)(2), repealer of subsections (a)(4) and (b)(3)-(b)(3)(A), subsection relettering and renumbering, and amendment of newly designated subsection (b)(4)(B), transmitted to OAL 11-19-96 and filed 1-6-97 (Register 97, No. 2).
6. Amendment filed 2-1-2001; operative 2-1-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 5).
7. Amendment of section and NOTE filed 12-18-2008; operative 1-17-2009 (Register 2008, No. 51).
8. Amendment of section heading and section filed 2-1-2012; operative 2-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 5).
9. New subsections (f)-(g), subsection relettering and amendment of NOTE filed 7-28-2016; operative 7-28-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).

Note: Authority cited: Sections 44002, 44014 and 44045.5, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44014, 44031.5(e), 44045.5, 44072.6 and 44072.8, Health and Safety Code; and Sections 118 and 9889.7, Business and Professions Code.

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