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§ 3340.1. Definitions.

16 CA ADC § 3340.1BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
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
16 CCR § 3340.1
§ 3340.1. Definitions.
“Acceleration Simulation Mode” or “ASM” means a type of vehicle emissions test conducted with the test vehicle on a chassis dynamometer to simulate on-road acceleration operating conditions.
“Advanced emission specialist technician” means an individual licensed by the bureau, prior to August 1, 2012, to inspect, diagnose, adjust, repair, and certify the emissions control systems on vehicles subject to the Smog Check Program at Smog Check stations in all areas of the state.
“After repairs test” means a test performed on a vehicle after repairs have been made to that vehicle as a result of failing an inspection at a Smog Check station.
“Alternative fuel retrofit system” means an aftermarket system certified by the California Air Resources Board to be installed on a vehicle to operate on an alternate fuel, in lieu of the fuel type specified by the original vehicle manufacturer.
“ARD-exempt heavy-duty station” means a Smog Check test-and-repair station or a Smog Check test-only station that only tests and/or repairs commercial vehicles which have a gross vehicle weight rating of 10,000 pounds or greater.
“Basic area” or “Basic vehicle inspection and maintenance program area” means the Smog Check Program conducted in any area of the state which is not classified as an enhanced vehicle inspection and maintenance program area.
“BAR-97 Emissions Inspection System” or “EIS” means tamper-resistant test equipment meeting the requirements of subsection (a) of section 3340.17 of the California Code of Regulations and is certified by the bureau for use in the Smog Check Program. The EIS collects and measures emissions data, and where applicable OBD data, then transmits inspection results to the Vehicle Information Database.
“Basic area technician” means an individual licensed by the bureau, prior to August 1, 2012, to inspect, diagnose, adjust, repair, and certify the emissions control systems on vehicles subject the Smog Check Program at Smog Check stations in areas of the state designated as basic vehicle inspection and maintenance program areas.
“Bureau” or “BAR” means the Bureau of Automotive Repair.
“Chassis dynamometer” is a treadmill-like device for a vehicle that is used to simulate on-road acceleration operating conditions.
“Clean piping,” for the purposes of Health and Safety Code section 44072.10(c)(1), means the use of a substitute exhaust emissions sample in place of the actual test vehicle's exhaust in order to cause the EIS to issue a certificate of compliance for the test vehicle.
“Comparative Failure Rate” or “CFR” means that the station's failure rate, under the Gold Shield Program, must be comparable to the test-only station failure rate for all non-directed vehicles of the same model-year. The station's failure rate, using initial tests, by model-year, of non-directed vehicles is applied to an industry-wide failure rate for test-only stations, calculated quarterly by smog check program area, using initial tests, by model-year, of non-directed vehicles inspected, and includes an allowable deviation to compensate for the random distribution of passing and failing vehicles based upon a 95 percent confidence level. This paragraph shall remain in effect through December 31, 2012.
“Consumer Assistance Program” or “CAP” means a program of the Bureau of Automotive Repair that provides eligible motor vehicle owners the options of Repair Assistance and Vehicle Retirement.
“Dismantler” means an automobile dismantler, as defined in Section 220 of the Vehicle Code and licensed pursuant to Section 11500 of the Vehicle Code, who has contracted with the Bureau to retire vehicles from operation.
“Engine change” means the installation of an engine in a vehicle that is different from the vehicle manufacturer original configuration as certified by the United States Environmental Protection Agency or California Air Resources Board.
“Enhanced area” or “Enhanced vehicle inspection and maintenance program area” means the Smog Check Program conducted in any part of an urbanized area of the state which is classified by the Environmental Protection Agency as a serious, severe or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm.
“Excessive Test Deviation Rate” occurs under any of the following circumstances in a calendar quarter:
(1) The rate for which the ignition timing test is not performed exceeds the statewide average for similar vehicles where 90% of similar vehicles received the test.
(2) The rate for which the fuel cap test is not performed exceeds the statewide average for similar vehicles where 90% of similar vehicles received the test.
(3) The rate for which the low pressure fuel evaporative test is not performed exceeds the statewide average for similar vehicles where 90% of similar vehicles received the test.
(4) The rate for which the OBDII inspection is not performed exceeds the statewide average for similar vehicles where 90% of similar vehicles received the test.
(5) The rate for which inspections are aborted exceeds 125% of the statewide average for similar vehicles on test equipment of the same manufacturer.
(6) The rate for which inspections are restarted exceeds 125% of the statewide average for similar vehicles.
(7) The rate for which vehicles are initially inspected with the maximum allowable number of OBDII readiness monitors unset, as specified in Section 3340.42.2 (b), exceeds 125% of the statewide average for similar vehicles.
“Follow-up Pass Rate” (FPR) means a performance measure that evaluates whether vehicles previously certified by each station or technician are passing, in their current cycle, at higher than expected rates. Expected rates are calculated by averaging passing rates for similar vehicles, and then adjusting the rates to account for an individual vehicle's odometer reading, the type of emissions inspection (ASM or TSI) performed in the current inspection cycle on the vehicle, the amount of time since the last certification for the vehicle, and the initial test results in the previous inspection cycle. An FPR score is assigned to both licensed Smog Check stations and technicians, and is based on the current inspection cycle test results of vehicles that were previously certified by stations and technicians. An FPR score ranges from zero to one, with zero representing the lowest possible score and one representing the highest possible score. FPR data reports are updated in January and July each year. Stations and technicians with insufficient inspection histories from which to calculate an FPR score will not receive an FPR score.
“Gaseous fuel” means fuel composed of propane, liquefied or compressed natural gas.
“Gear Shift Incident” means an inspection where data from the VID indicates the technician did not follow the gear selection procedure specified in the Smog Check Manual that is incorporated by reference in Section 3340.45.
“Gold Shield station” means a registered Automotive Repair Dealer who is also a smog check test-and-repair station which has been certified by the department and meets all the requirements specified in Article 10 of these regulations. This paragraph shall remain in effect through December 31, 2012.
“Heavy duty vehicle” means a vehicle with a manufacturer's gross vehicle weight rating of 8501 pounds or more.
“Household” means a family of persons or any group of two or more unrelated persons that reside together and share common living expenses.
“Implementation area” means a geographical area, in which a local district has requested implementation of a biennial inspection program pursuant to section 44003 of the Health and Safety Code.
“Initial test” means the first Smog Check inspection of a vehicle done in official test mode or pre-test mode and performed within one hundred eighty (180) days prior to a registration renewal date or a change of ownership date for that vehicle. An initial test does not include tests that are aborted before completion or tests done in the training or manual modes of the EIS.
“Non-directed vehicle” means a vehicle that was not required to be inspected at a station pursuant to Sections 44010.5 or 44014.7 of the Health and Safety Code.
“OBD Inspection System” or “OIS” consists of an OBD Data Acquisition Device or (DAD) working in conjunction with commercial off-the-shelf computer, bar code scanner, data entry device, and printer. The DAD is the test equipment that meets the requirements of subsection (b) of section 3340.17 of the California Code of Regulations and is certified by the bureau for use in the Smog Check Program. The DAD facilitates OBD data transfer between the inspected vehicle and the OIS computer. The OIS computer relays inspection information to and from the DAD to the Vehicle Information Database (VID).
“Repair Assistance” means a component of the Consumer Assistance Program (CAP) that provides financial assistance for emissions-related repairs to help eligible motor vehicle owners bring their vehicles into compliance with the requirements of the Smog Check Program.
“Revivable Junk Receipt” means a receipt showing proof that the vehicle is recorded and titled as “junked” by the Department of Motor Vehicles.
“Similar Vehicle Failure Rate” or “SVFR” means a calendar quarter comparison of the initial test failure rate of vehicles at an individual station to the initial test failure rate for similar vehicles inspected statewide, taking into account the vehicle odometer reading, time since passing the last inspection, and initial test results in the previous cycle. Vehicles for which data is not available to adequately establish an initial test failure rate will not be used in the SVFR calculation. This paragraph shall become effective July 1, 2012.
“Similar vehicles” means vehicles with the same Vehicle Lookup Table Row ID, or at a minimum, vehicles with the same model-year, make, and engine displacement.
“Smog Check Inspector” or “Inspector” means an individual licensed by the bureau to inspect, and certify the emissions control systems on vehicles subject to the Smog Check Program in all areas of the state.
“Smog Check Program” or “program” means the motor vehicles inspection program conducted pursuant to section 44005 of the Health and Safety Code, and as hereby described in this article.
“Smog Check Referee” or “Referee” means a facility under contract with BAR to provide independent evaluations of vehicles and services to accommodate vehicles with unusual inspection circumstances.
“Smog Check repair-only station” or “repair-only station” means a station licensed by the bureau to diagnose and repair vehicles in the Smog Check Program.
“Smog Check Repair Technician” or “Repair Technician” means an individual licensed by the bureau 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.
“Smog Check station” or “station” means a Smog Check test-only station, a Smog Check test-and-repair station, or a Smog Check repair-only station licensed by the bureau in the Smog Check Program.
“Smog Check technician” or “technician” means an individual who holds a Smog Check repair technician and/or inspector licenses pursuant to section 3340.28 of this article.
“Smog Check test-and-repair station” or “test-and-repair station” means a Smog Check station licensed by the bureau to test, inspect, diagnose and repair vehicles in the Smog Check Program.
“Smog Check test-only station” or “test-only station” means a Smog Check station licensed by the bureau to test and inspect vehicles in the Smog Check Program.
“STAR” means a voluntary certification program that applies to a registered Automotive Repair Dealer that is also a licensed Smog Check test-and-repair station or a test-only station that meets all requirements specified in Article 10 of these regulations.
“Technician Information Table” means the bureau's electronic list of licensed technicians authorized to perform official Smog Check inspections at a specific station.
“Test Deviation” occurs under any of the following conditions:
(1) The station fails to inspect ignition timing on a vehicle that should receive this test.
(2) The station fails to perform the fuel cap test on a vehicle that should receive this test.
(3) The station fails to perform the low pressure fuel evaporative test on a vehicle that should receive this test.
(4) The station fails to perform an OBDII inspection on a vehicle that should receive an OBDII inspection.
(5) The station aborts an inspection.
(6) The station restarts an inspection.
(7) The station performs an initial inspection on a vehicle with the maximum allowable number of OBDII readiness monitors unset, as specified in Section 3340.42.2 (b).
“Two-Speed Idle” or “TSI” means a type of vehicle emissions test conducted with the vehicle transmission in neutral or park while the engine is run at two different engine speeds.
“Vehicle Information Database” or “VID” means a centralized computer database and computer network, which is readily accessible by all licensed Smog Check technicians on a real time basis.
“Vehicle Inspection Report” or “VIR” means an official Smog Check inspection report that is printed from an OIS or EIS and given to the registered vehicle owner(s) or their legal representative.
“Vehicle Retirement” means a component of the Consumer Assistance Program (CAP) that provides payments to eligible motor vehicle owners who choose to voluntarily retire their vehicles from operation rather than make emissions-related repairs to bring the vehicles into compliance with the requirements of the Smog Check Program.
“VLT Row ID” means the vehicle lookup table row identification number that identifies a vehicle using information about its body type, model-year, make, model, engine displacement, and transmission type.
Note: Authority cited: Sections 44001.5, 44002, 44072.10, 44091 and 44095, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44001.3, 44005, 44010.5, 44011, 44012, 44014, 44014.2, 44014.5, 44017, 44017.1, 44030, 44036, 44037.1, 44056, 44062.1, 44070, 44072.10, 44092, 44093, 44094 and 44103, Health and Safety Code; Sections 220 and 11500, Vehicle Code; and Section 11505, Government Code.
HISTORY
1. New article 5.5 (sections 3340.1-3340.50.5) filed 3-23-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 12).
2. New subsection (j) filed 8-24-88; operative 9-23-88 (Register 88, No. 37).
3. Amendment filed 4-16-90; operative 4-16-90 (Register 90, No. 19).
4. New subsection (k) filed 5-11-90; operative 6-10-90 (Register 90, No. 26).
5. Repealer of subsection (e), subsection relettering, amendment of newly designated subsections (e) and (k), new subsections (l)-(o) and Note 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.
6. New subsection (p) and amendment of Note filed 8-17-95 as an emergency; operative 8-17-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-15-95 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-23-95 order including amendment of subsection (m) transmitted to OAL 10-20-95 and filed 12-6-95 (Register 95, No. 49).
8. Certificate of Compliance as to 8-17-95 order transmitted to OAL 12-15-95 and filed 1-25-96 (Register 96, No. 4).
9. Amendment of subsection (g) 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.
10. Amendment of subsection (c) and (d), new subsection (e) and subsection relettering, repealer of previously designated subsection (f), and amendment of subsections (g), (k) and (l) 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.
11. Certificate of Compliance as to 4-29-96 order transmitted to OAL 8-21-96 and filed 9-30-96 (Register 96, No. 40).
12. Editorial correction of subsection (p) (Register 97, No. 2).
13. Certificate of Compliance as to 7-26-96 order, including further amendment of subsection (g), transmitted to OAL 11-19-96 and filed 1-6-97 (Register 97, No. 2).
14. New subsections (q) and (r) and amendment of Note filed 4-23-97 as an emergency; operative 4-23-97 (Register 97, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-21-97 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 4-23-97 order, including new subsections (s)-(t) and further amendment of Note, transmitted to OAL 8-19-97 and filed 9-30-97 (Register 97, No. 40).
16. New subsections (u)-(x) and amendment of Note filed 10-30-98 as an emergency; operative 10-30-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-99 or emergency language will be repealed by operation of law on the following day.
17. New subsections (ad)-(ag) and amendment of Note filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
18. New subsections (u)-(x) and amendment of Note refiled 2-25-99 as an emergency; operative 3-1-99 (Register 99, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-29-99 or emergency language will be repealed by operation of law on the following day.
19. New subsections (ad)-(ag) and amendment of Note refiled 3-30-99 as an emergency; operative 4-2-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-99 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 2-25-99 emergency, including amendment of subsection (x) and Note, transmitted to OAL 3-18-99 and filed 4-15-99; effective 5-1-99 (Register 99, No. 16).
21. New subsections (ad)-(ag) and amendment of Note refiled 7-26-99 as an emergency; operative 8-2-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-99 or emergency language will be repealed by operation of law on the following day.
22. Certificate of Compliance as to 7-26-99 order, including further amendment of subsections (ad)-(ag) and Note, transmitted to OAL 11-18-99 and filed 1-3-2000 (Register 2000, No. 1).
23. Amendment of subsection (v) and repealer of subsection (w) filed 3-27-2000 as an emergency; operative 3-27-2000 (Register 2000, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-25-2000 or emergency language will be repealed by operation of law on the following day.
24. Amendment of subsection (v), repealer of subsection (af), redesignation and amendment of subsections (x)-(ag) as subsections (w)-(z), new subsection (aa) and amendment of Note filed 6-26-2000 as an emergency; operative 7-1-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-30-2000 or emergency language will be repealed by operation of law on the following day.
25. Amendment of subsection (v), repealer of subsection (af), redesignation and amendment of subsections (x)-(ag) as subsections (w)-(z), new subsection (aa) and amendment of Note refiled 10-30-2000 as an emergency; operative 10-30-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-27-2001 or emergency language will be repealed by operation of law on the following day.
26. Certificate of Compliance as to 10-30-2000 order, including further amendment of subsections (v)-(y), new subsection (z), subsection relettering, and amendment of newly designated subsection (bb), transmitted to OAL 2-9-2001 and filed 3-27-2001 (Register 2001, No. 13).
27. Amendment of subsection (g), new subsection (t), subsection relettering and amendment of Note filed 3-3-2003; operative 4-2-2003 (Register 2003, No. 10).
28. Amendment of subsection (q), repealer and new subsections (r) and (s), new subsection (u), repealer of former subsection (v) and subsection relettering filed 4-28-2003; operative 5-28-2003 (Register 2003, No. 18).
29. Editorial correction restoring inadvertently omitted subsection (h) (Register 2006, No. 19).
30. Amendment of subsections (c)-(g), (i)-(j), (q)-(v) and (bb)-(cc) filed 5-30-2006; operative 6-29-2006 (Register 2006, No. 22).
31. Change without regulatory effect repealing and adopting new section filed 5-19-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 21).
32. Amendment filed 11-1-2011; operative 11-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 44).
33. New definitions of “Repair-Only station,” “Smog Check Inspector” and “Smog Check Repair Technician,” amendment of definition of “Smog check technician” and repealer of definition of “Supervising technician” filed 2-1-2012; operative 2-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 5).
34. New definitions of “BAR-97 Emissions Inspection System” and “OBD Inspection System,” amendment of definitions of “Vehicle Inspection Report” and “Gear Shift Incident” and repealer of definitions of “Emissions Inspection System” filed 5-2-2013; operative 7-1-2013 (Register 2013, No. 18).
35. New definitions of “Alternative fuel retrofit system,” “Engine change” and “Smog Check Referee” filed 5-17-2013; operative 7-1-2013 (Register 2013, No. 20).
36. New definitions of “Advanced emission specialist technician,” “Basic area technician” and “Smog Check repair-only station,” repealer of defintion of “Repair-Only station,” and amendment of definition of “Smog Check station” filed 7-28-2016; operative 7-28-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
This database is current through 11/8/19 Register 2019, No. 45
16 CCR § 3340.1, 16 CA ADC § 3340.1
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