44200-44210

HEALTH AND SAFETY CODE
SECTION 44200-44210




44200.  For purposes of this chapter, "used direct import vehicle"
means any 1975 or later model-year direct import vehicle not required
to be certified as a new direct import vehicle pursuant to this
part.
   For purposes of this section, the age of a motor vehicle shall be
determined by the following, in descending order of preference:
   (a) From the first calendar day of the model year as indicated in
the vehicle identification number.
   (b) From the last calendar day of the month the vehicle was
delivered by the manufacturer as shown on the foreign title document.
   (c) From January 1 of the same calendar year as the model year
shown on the foreign title document.
   (d) From the last calendar day of the month the foreign title
document was issued.



44201.  The state board shall adopt, by regulation, a certification
program for used direct import vehicles. The state board shall issue
a certificate of conformance to each used direct import vehicle which
meets the requirements of this program.



44202.  A used direct import vehicle which was not registered in
this state prior to the adoption of regulations adopted pursuant to
Section 44201, may not be registered in this state unless it has
received a certificate of conformance from the state board, except as
provided in Section 44210.



44203.  The certification program established pursuant to Section
44201 shall require all of the following components:
   (a) A test of the vehicle's emissions performed at a laboratory
licensed by the state board.
   (b) A determination that the emissions of the vehicle meet
applicable emission standards adopted by the state board.
   (c) Any vehicle labelling and description of any emissions-related
modifications to the vehicle that the state board finds appropriate
to assure that the emission-related system of the vehicle can be
inspected, serviced, and repaired successfully throughout the state.
   (d) Any other requirements the board may determine appropriate to
assure the used direct import vehicle will continue to comply with
emission standards in use, except that no requirement may be
established to warrant the emissions control system or to recall
vehicles which exhibit a defective emission control system subsequent
to receiving a valid certificate of conformance.



44204.  The state board may perform a confirmatory test of the
vehicle's emissions prior to issuance of a certificate of conformity.



44205.  The state board shall adopt regulations prescribing the
requirements for any laboratory seeking approval as a state-licensed
laboratory for purposes of this chapter. The requirements shall
include, but not be limited to, all of the following:
   (a) An agreement to random inspections of the facility and any
vehicles on the premises by the state board or its designee.
   (b) Recordkeeping for testing and quality control.
   (c) An agreement to perform correlation testing at the request of
the state board.
   (d) An agreement to hold vehicles at the laboratory for up to 10
calendar days for the purpose of inspection and confirmatory testing
upon request of the state board.



44207.  A laboratory's license may be suspended or revoked by the
state board, after a hearing, for failure to meet the requirements of
licensing established in Section 44205 or for other cause specified
by the state board in regulation. The state board shall adopt
regulations governing the suspension, revocation, and reinstatement
of the licenses.



44208.  The state board may, by regulation, impose fees for the
licensing of laboratories and for the issuance of certificates of
conformity to recover the state board's costs, including enforcement
costs, of administration of any program the state board may establish
pursuant to this chapter.



44209.  Any person who falsifies any test record or report which has
been submitted to any other person, the department, or the state
board pursuant to this chapter is subject to punishment by a fine of
not less than one thousand dollars ($1,000) or more than five
thousand dollars ($5,000), imprisonment in a county jail for not more
than one year, imprisonment in the state prison, or by both that
fine and imprisonment.



44210.  The requirements of Section 44202 do not apply to any motor
vehicle having a certificate of conformity issued by the federal
Environmental Protection Agency pursuant to the federal Clean Air Act
(42 U.S.C. Section 7401, et seq. ) and originally registered in
another state by a person who was a resident of that state for at
least one year prior to the original registration, who subsequently
establishes residence in this state and who, upon registration of the
vehicle in California, provides evidence satisfactory to the
Department of Motor Vehicles of that previous residence and
registration.