since this was(or is) going to become public record. her is an excerpt from my contest.
[ QUOTE ]
I did not willfully alter the funtionality of my vehicle's emission control equipment. When I recieved this citation. I began to research the process to register a vehicle through the local California Department of Motor Vehicles office. That was my first step when I purchased my vehicle, a gasoline powered 1972 Chevrolet Blazer. The vehicle I purchaced had the emission system intact. No smog certificate was required and I was told back then what I read on the current DMV website "Prior to January 1, 2003, any motor vehicle manufactured prior to the 1974 model-year" was exempt from a certificate of compliance.
Under H&S 44011(a)(3)(A), my vehicle is concidered as excempt from certification of compliance or noncompliance. From this statement (I am in no way an expert) I concluded that my vehicle was exempt from both "visual and functional checks" as well, as stated in H&S 44012(f). As equipment began to degrade it was put in storage for future use and reference.
In additon, vehicles subject to "remote sensing activities or other means by the department" fall under paragraph H&S 44011(a)(4) as stated in H&S 44011(a)(4)(C)(i). No provision exists under paragraph H&S 44011(a)(3) to determine that "the vehicle has a tampered emission control system or would fail for other cause a smog check test."
Lastly, H&S 44011.6 Heavy-Duty Diesel Vehicle Test Procedures is targeted for Heavy-Duty motor vehicles as stated in H&S 44011.6(a). Under H&S 39033, Heavy-Duty is defined as a vehicle having a manufacturer's maximum Gross Vehicle Weight rating of 6,001 or more pounds. My vehicle's Vehicle Identification Number tag states that my vehicle's GVW rating is 5850 pounds.
[/ QUOTE ]
if you want to follow along
www.senate.ca.gov
www.senate.ca.gov -> Legislation -> Codes
also
sb42 tutorial
like i mentioned in the paragraphs above i am no way an expert in law. I'm just fighting for what i belive /forums/images/graemlins/usaflag.gif
ARQ.