(a) To be eligible for generation of emission reduction credits through a VAVR enterprise, a vehicle shall meet the following criteria:
(1) It shall be voluntarily sold to the enterprise operator for a price mutually agreed between the vehicle seller and the enterprise operator;
(2) It shall be currently registered with the DMV as an operable vehicle and shall have been so registered for at least 24 months prior to the final date of sale to the VAVR enterprise to an address or addresses within the district in which the VAVR enterprise is being operated;
(A) Smog Checks must have been performed as required by the DMV in order for the vehicle to be considered registered;
(B) A vehicle may also be eligible if the owner of the vehicle placed the vehicle in planned non-operational status per Vehicle Code Section 4604, et seq., for a total of two (2) or fewer months during the continuous twenty-four (24) months registration period and occurring at least three (3) months prior to the date of sale to the VAVR enterprise operator;
(C) A vehicle may also be eligible if the registration has lapsed for less than 181 days during the previous twenty-four (24) months, pursuant to Health and Safety Code 44094, and all appropriate registration fees and late penalties have been paid to the DMV, provided that the vehicle is registered for at least ninety (90) days immediately prior to its date of sale to a VAVR enterprise operator; and
(D) Determination of an individual vehicle's registration history shall be based on:
1. Registration data for that vehicle obtained from DMV records and
2. If D.1 provides inconclusive results for an individual vehicle, then copies of the applicable vehicle registration certificates may be used;
(3) It shall be a passenger car or a light-duty truck that includes, but is not limited to, a pick-up truck, sports utility vehicle (SUV), or van up to 8,500 pounds gross vehicular weight rating;
(4) It shall not be operating under a Smog Check repair cost waiver or economic hardship extension;
(5) If a vehicle volunteered for retirement is within sixty (60) days of its next required Smog Check inspection, the vehicle shall pass the Smog Check inspection without receiving a repair cost waiver or economic hardship extension prior to acceptance by a VAVR enterprise operator;
(6) Owners of vehicles requiring Smog Check inspections pursuant to Section 2603(a)(5) shall be required to submit documentation issued by a Bureau of Automotive Repair (BAR) licensed Smog Check technician demonstrating compliance with Section 2603(a)(5) to the person performing the functional and equipment eligibility inspection; and
(7) Vehicles that are tampered, pursuant to Section 3340.41.5 of Title 16, Division 33, Article 5.5 of the California Code of Regulations, shall not be eligible for acceptance into a VAVR program.
(b) Each vehicle shall pass a functional and equipment eligibility inspection performed by the VAVR enterprise operator or other ARB-approved inspector (inspector), conducted on-site at the VAVR enterprise location and shall include the following:
(1) The candidate vehicle must have been driven to the inspection site under its own power. If an inspector has knowledge that a vehicle was towed or pushed for any portion of the trip to the inspection site, then the inspector shall not approve the vehicle for eligibility in a VAVR program;
(2) The inspector shall inspect the vehicle to ensure it meets the following equipment eligibility requirements and shall reject the vehicle for emission reduction credit generation if the vehicle fails any of these requirements:
(A) All doors shall be present and in place;
(B) The hood shall be present and in place;
(C) The dashboard shall be in place;
(D) Windshield shall be present and in place;
(E) The driver's seat must be present and in place;
(F) Interior pedals shall be operational;
(G) One bumper and all side and/or quarter panels shall be present and in place;
(H) Vehicle driveability must not be affected by any body, steering, or suspension damage;
(I) Exhaust system shall be present and in place;
(J) One headlight, one taillight, and one brake light shall be present and in place;
(K) One side window glass shall be present and in place; and
(L) The requirements of Section 2603(a) regarding Smog Check status have been met; and
(3) The inspector shall complete the following functional eligibility inspection and shall reject the vehicle for credit generation if the vehicle fails to complete the following test: Insert key, vehicle engine shall start using keyed ignition system. In addition to the keyed ignition switch, ignition or fuel kill switch may be activated if required to start engine. The vehicle must start readily through ordinary means without the use of starting fluids or external booster batteries. The vehicle shall be driven forward for a minimum of 25 feet under its own power. The vehicle shall be driven in reverse for a minimum of 25 feet under its own power;
(4) Upon satisfactory completion of the inspection, the inspector shall issue a certificate of functional and equipment eligibility, as specified in Appendix A to this Article,“Vehicle Functional and Equipment Eligibility Inspection Form”;
(5) Vehicles failing the requirements pursuant to Section 2603(b)(2) may be retested by the inspector for compliance with these requirements and issued a certificate of equipment eligibility at any time after modifications have been made to the vehicle to correct all deficiencies; and
(6) Vehicles failing the requirements pursuant to Section 2603(b)(1) and (3) may be re-tested by the inspector for compliance with these requirements and issued a certificate of functional eligibility provided inoperable vehicle odometers are fixed prior to conducting this test, the vehicle has traveled a minimum of 50 miles subsequent to the failure determination, and the vehicle passes the functional eligibility inspection.
(c) Districts may adopt vehicle functional and equipment eligibility inspection requirements that are more stringent than those specified in Section 2603(b) but may not omit or weaken any of the required functional or equipment tests.
Credits
Note: Authority cited: Sections 39600, 39601, 44094, 44101, 44102, 44106 and 44107, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44102, 44103 and 44107, Health and Safety Code.
