As a retired CARB (California Air Resources Board inspector/adjuster I can throw a little light on this situation.
I dislike anyone who messes with my breathing, since I had to move to Montana so I could breathe without coughing up a kidney or my spleen. I've got COPD from Agent Orange when I was in Vietnam and I show little remorse for anyone caught trying to remove anti-smog equipment from their vehicle.
YOU - as a Whittier resident are living in an area of Full Compliance. I was first licensed in Orange County - Anaheim as it was ... so I know your area well.
I know the confusion involved in the "seller has to do this", and the "seller is not responsible" or "the vehicle was sold 'as-is' " etc., etc.
Since having been a California Class A licensed MVPC inspector/adjuster since 1965 and then a referee later on, I've seen your situation quite a few times.
1. The seller - if from another state - is NOT responsible for the legality of the vehicle if it is purchased in California without current registration, requiring a Vehicle Emissions Test prior to registering in California. This is only one of the "caveat emptor' situations where the BUYER is required to bring the vehicle up TO FEDERAL LEVELS, NOT just to CALIFORNIA LEVELS.
- It appears to me that you cannot claim this exemption because of both the seller's and buyer's residence.
This is a federal law ... California decided to comply with the Feds to get highway funds in matching money to build and repair the roads you drive upon, etc. IOW: it's not just California's idea - although California has been instrumental in configuring the standards and not the other way around.
The seller living in California - and you also residing in California with a non-compliant and unregistered out-of-state vehicle, are both in some significant trouble here.
You are not on the hook to get it smogged though - it's the California seller's responsibility.
You seem to have opted to buy/find the parts and if you do that, you may exonerate and abridge the seller of his responsibility. That would be a civil judge's rule however, and not necessarily the letter of the law.
The state may go after him anyway, no matter what you do in this situation.
You may be eligible for court ordered repayment of anything you pay to get the vehicle 'smogged'.
How far out of date is the last registration? That could be serious money if it's a long time overdue.
More on this further down, but prepare to be surprised.
2. Once the vehicle has been brought to showroom standards for the original state in which it was sold (California, Federal/CONUS or Canadian) , and all penalties and fees from the state(s) in which the registration(s) expired are fully collected, and a new registration is filed for in California, the vehicle will go to an inspection station to be tested for emissions, with a visual and functional test of the approved devices.
Then the vehicle will be run on a dyno at speed to test for the correct function of the devices. The "function" of these devices - when they are working correctly - will bring the tailpipe emissions into the correct range as set forth by the US Federal AQMD, the Federal ARB and CAFE standards.
Some AWD and 4WD vehicles are exempt of the dyno though - I don't believe yours is as the 4WD can be disconnected.
HOWEVER:
Changing carburetors, cams, headers, even the wrong transmission - if detected - and different tire size can/will cause the vehicle to fall into the "Modified, Missing, Disconnected" (MMD) category that will put you in Referee Hell, and cost a lot of MONEY FIRST in an attempt to locate obsolete or hard to find (read: "expensive") parts.
The referee will attempt to find these parts and will inform the seller where they can be purchased. A time and date will be set for a return testing that cannot be ignored but can be extended - but not for monetary considerations. If it costs too much, that's not an excuse.
One of these 'parts' is the under hood sticker. It must be there or replaced with a like sticker from the manufacturer. Third party stickers were not allowed when I was an inspector - that law may have changed for the older vintage of some vehicles.
The vehicle will only be legal to drive or dolly tow (two or more wheels on the road) on any California street, road or highway on the way to or from the referee's inspection location. The new registration will be held in limbo until the vehicle and the owner comply with this one-trip permission.
If subsequent 'one trip' passes are required, the referee will acquire them for you.
3. In a California owner-to-California owner sale, there is no "As Is" consideration.
The seller is ALWAYS responsible to if even having advertised for sale, barter, trade or in any way releasing control of a vehicle that is mandated to have been up to current legal and Federally Mandated Emissions Program condition(s); bearing a current Emission Control Inspection Certificate (a smog test) that is dated no more than 30 days old. Sect.24.7, paragraphs 1 through 15; CDMV Law.
Technically, ALL vehicles in any advertisements or on bulletin boards have to have a less than 30-day old smog cert.
Dealers are exempt of this law if they have a Class A inspector/adjuster working on their premises but the vehicle still has to be in compliance first. Cars that won't pass are junked - and in some situations like a 'push-pull or drive trade-in anything with an engine' type sales.
4. A judge in civil disputes about these owner v seller responsibilities will side with the law as it is written no matter if both the seller and/or the buyer opt to say that the buyer will assume the responsibility for bringing the vehicle in for the required pre-sale inspection.
Typically if it hits court, the law stands and the seller is fried on the spot for non-compliance.
5. Any unpaid lapse in registration, either in California or another state will be
paid in full including any fines or penalties for the failure or length of time or lapse in registration before a new California registration will be issued.AFAIK: a bond will no longer be accepted. .
Every state wants their piece of the money to which they are due..... beware! This can get nasty with bank your account and tax refund seizures! California will report to the other states what it finds and is collectable. Other states may or may not follow suit - it's up to them if they want the $$ or not.
California views failure to register a vehicle as avoiding their property tax law and they will call out the tax board to 'visit' your bank and state tax refunds.
Check your registration receipt for things that are called 'taxes' as these are the grounds with which the state will pursue you. They got Al Capone on taxes - so know this!
6. This vehicle, if it has been detected as non-compliant by the State of California, will fall into the "Gross Polluters Act" and now may get triggered to be CAL-ARB inspected on a yearly or even every 6 month schedule.... depending on the mood of the referee (that was me! and I'd flag this vehicle if because of any attempt to hide or get away with inspecting/removal of emissions parts, which I'd suspect happens after it leaves the referee).
As you may or may not know, ALL STATES are under the same laws pertaining to vehicle missions.... it's just that some states don't carry out an active inspection program.....YET!
If you think California is tough, try Maryland, New Jersey or Massachusetts. Even Colorado has blood in their eyes for people who illegally modify their vehicles, change engines or rip off smog-related devices. Smog testing is coming to Arizona now too and will be full state in a while. I know as I have property in both Showlow and Concho AZ.
The law will eventually be in every state if that particular state likes federal matching road funding.
Me?
My statements sometimes fall on deaf ears - but it's very risky to purchase an out-of-state vehicle with a lapsed registration and a MMD engine.
A lapsed registration in California can sometimes bring a Smog - Lamp
and Brake certification. I had all three Class A licenses up until a couple of years ago.
A weight cert-tag may also be required if the DMV gets a snoot full of attitude from the person on the other side of the counter.
I hope that you, the OP does the right thing and brings your vehicle up to standards, unlike some people who want to screw the law and do what they want.
BTW: I don't know if the law has been implemented yet, but asking to have a cat reinstalled is illegal and you and the shop can be fined heavily! Under this circumstance, the cat will have to be sent to an independant inspection facility to have the cat tested first for function, then stamped and tagged with an acceptance and then a shop can instal it. That's serious $$$!
If you came into my shop in Brea or Huntington Beach or Anaheim, I'd work with you.
But some of these other replies posted - if you follow their lead - would get you cited and red tagged - quick!
Your right to swing your fist ends at the tip of my nose.
Hi,
I am new to this site but I am in need of some help. I bought my 86 blazer from a young man here is southern California but was not aware that the blazer came from the state of Washington. It came with no Smog emission parts and now after thinking that I would be an easy fix I have reliazed that it is not. I have purchased 90% of the parts needed but I now either need full array of pictures of some ones blazer that has all of the parts on it so that I can duplicate the process or maybe a referrel to a mechanic here in the Whittier area for some help.
I hope to hear from someone here who can help me with either one of this solutions.
Again thank you 86caliblazer