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legal wording, need help

stoney126

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hey all I am looking at buying a pickup that is being auctioned buy a school I believe. Anyway This was written on there as well and to be honest it confused the hell out of me. Does this mean I have to smog it? It's a diesel and in Cali you dont have to smog em.



About Public Agency Vehicles:
By bidding on this vehicle you agree to the following: California Vehicle Code exempts public agencies that are selling vehicles from the requirement to obtain a current smog certificate (California Vehicle Code Section 24007.5). Public agencies and/or auctioneers are required to notify bidders in writing that a certificate of compliance (Smog Certificate), certifying that the vehicle complies with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, before the vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use. California law requires that the buyer obtain a certificate of compliance or noncompliance and register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this subparagraph shall be evidenced by the signature of the buyer.



Thanks for any info
 
My guess is that they use that wording on all their auctions and don't bother to check if the vehicle is diesel or not.
 
yep it means its up to the buyer to smog the vehicle and they probably do it to all vehicles to cover their a$$ so someone can't come back and try to sue them for not smoging the vehicle. you might also want to hit up a smog only station about smogging it since you might have to now (haven't lived in cali for about 3yrs so I'm rusty on the laws and don't know of any changes esp since I don't have to worry about them anymore)
 
I am not real up on calif smog laws but the way i read that statement is:
Its just a basic generic statement that lets the selling agency or their agent off the hook for making sure the vehicle meets Calif smog regulations.
It puts that responsibility on the buyer. The buyer is responsible to have the vehicle conform to current smog laws when they register the vehicle. If the vehicle is exempt form smog test then none should be needed.
But you should call the DMV and ask them about it. Or call a smog shop. I am sure they know all about it. You will prolly have to run it by a smog station so they can inspect it and run the VIN so you can get the Compliance/ Non Compliance Certificate.
Knowing the way Calif works they will want to make sure the vehicle has not been altered by engine swap ECT. And of course they will require a smog shop to certify that. I doubt that anyone at the DMV is smart enough to tell Diesel from squirrel power.
There may be no smog test required.
But
I am sure there will be a fee or two involved.:D
 
Well, heres some advice. Since I live in Massachusetts. California and Massachusetts are very close in smog laws. I am A licensed emissions + safety inspector and as far as mass goes (which is super stringent on emissions) All diesels up to 26,000 pounds must go through an emissions test. As long as it isnt older than 84.. You may still have to go. Diesels are not run on a dyno unless its a large trucking station. Diesels go through what we call a " DIESEL SNAP" test which an inspector will go from an idle to wide open throttle for a short period of time.. this is done up to 9 or more possible times to get an emissions reading..
 
Once again, because they think they can, government dumps a responsibility and just pushes it over to the public.

It basically says, we're the government and would like to not mess with having to smog our vehicles apon sell of them, regardless that the California LAW states that we have to..... just like anyone of us would have to do to sell a vehicle here in California.
 
Yep, just means you can't register it unless it passes smog. If the truck is a 1976-1996 and the condition is unknown, good luck! If it doesn't pass, you will have to pay to fix it or register it for off-road use only.
 
you are not required to smog diesels in CA. They also do not require any sort of inspection, at least in Nor Cali. If your reg or vin says your truck is diesel, no smog needed.
 
If the VIN identifies it as a diesel, no smog is required, fancy wording notwithstanding.

Now, if it's tagged as a gasser and has been converted ... but that's not likely.

If you have it, PM me the VIN and I'll scope it out.

-- A
 

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