For the past several years, SEMA has been working with the California legislature and state agencies to provide protection for owners of improperly or illegally titled and registered specially constructed vehicles (SPCNS). Under a looming threat of prosecution, this program was pursued to help vehicle owners and builders avoid a situation that could have led to confiscated cars and felony law enforcement actions. Beginning July 1, 2011, an amnesty program to allow proper registration of previously-registered SPCNS went into effect. The program is slated to conclude on June 30, 2012 – roughly 16 weeks remain (as of March 12, 2012). For owners that may have misrepresented the value of the vehicle or its model year at initial registration, this law provides a method to obtain legal title/registration. Eight months of the amnesty period have passed, during which time administrative issues arose involving the Bureau of Automotive Repair (BAR) and the Department of Motor Vehicles (DMV). Working with these agencies, SEMA has finally resolved these implementation problems on behalf of California SPCNS owners seeking amnesty.
These solutions permit these vehicles to demonstrate compliance with current BAR smog-check tailpipe emissions requirements, in addition to providing amnesty for owners that have knowingly made false statements regarding the value of these vehicles, the year of manufacture or knowingly falsified any other facts in documents filed with the DMV or Highway Patrol. Owners of vehicles that are subject to the smog laws and choose to pursue compliance may install one of several OEM engines and related powertrain components that are intended to meet state emissions compliance requirements. Depending on the application, owners can also choose to install a “retrofit kit” of parts which may allow smog check tailpipe compliance. Major components in the kit include an aftermarket electronic fuel injection (EFI) system, EFI controller, exhaust headers, camshaft, mufflers and catalytic converters.
It’s important to remember that amnesty applicants cannot apply for an available SB 100 exemption certificate at the same time the applicant applies for amnesty. The vehicle must be correctly registered before applying for an SB 100 certificate. An amnesty applicant whose vehicle failed the smog test must return all application documents to the DMV, including the failed smog test result, a soon as possible so the pending application can be completed and the vehicle correctly registered. Currently, 370 SB 100 certificates remain available for 2012. See the DMV website for additional information.
As finalized by the DMV, to follow are the methods to achieve compliance:
- The owner of a previously registered specially constructed (SPCNS) vehicle with a prior SB 100 smog exemption applies for amnesty, submits all required documentation, and pays all fees due. The vehicle will be assigned a 2012 model-year and referred to the Bureau of Automotive Repair (BAR). If the vehicle fails the smog test, the vehicle is disqualified under the amnesty program. The amnesty applicant will need to return to the Department of Motor Vehicles (DMV) with the application documents including the failed smog test result so DMV can close the pending application as an application to correct an under-reported value only and correctly register the vehicle. The SB 100 exemption will be retained and the 2012 model-year assigned as part of the amnesty application will be removed. The owner would not need to reapply for a SB 100 certificate.
- The owner of a previously registered SPCNS vehicle without a prior SB 100 smog exemption applies for amnesty, submits all required documentation, and pays all fees due. The vehicle will be assigned a 2012 model-year and referred to BAR. If the vehicle fails the smog test, the vehicle is disqualified under the amnesty program. The amnesty applicant will need to return to DMV with the application documents including the failed smog test result so DMV can close the pending application as an application to correct an under-reported value only and correctly register the vehicle. The owner may apply for an available SB 100 certificate of sequence once the vehicle has been correctly registered provided the vehicle meets the definition of a SPCNS vehicle.
- The owner of a previously registered SPCNS vehicle that was misrepresented as the make and year-model of the vehicle it resembles (i.e. SPCNS vehicle misrepresented as a 1965 Cobra), applies for amnesty, submits all required documentation, and pays all fees due. The make will be corrected to SPCNS. The vehicle will be assigned a 2012 model-year, and referred to BAR. If the vehicle fails the smog test, the vehicle is disqualified under the amnesty program. The amnesty applicant will need to return to the DMV with the application documents including the failed smog test result so DMV can close the pending application as an application to correct the make, year-model, and under-reported value only and correctly register the vehicle. The vehicle will be subject to applicable smog requirements. The owner may apply for an available SB 100 certificate of sequence once the vehicle has been correctly registered provided the vehicle meets the definition of a SPCNS vehicle.
- The owner of a previously registered vehicle that is not a SPCNS vehicle, with the correct make and year model (i.e. a real 1965 Cobra), for which the value was misrepresented (under-reported) when the vehicle was registered and titled applies for amnesty and pays all fees due. This vehicle will not be referred to BAR since it is exempt from smog requirements based on the year-model. The vehicle qualifies for amnesty and the application will be cleared as an application for under-reported value correction.
Finalizing these options has required years of effort and separate pieces of legislation. Discussions with state agencies to ensure fair implementation of the program have absorbed additional time. Unfortunately, these delays have resulted in only 16 weeks remaining in the amnesty program provided for in the law. After the amnesty program concludes, these vehicle owners will again be subject to prosecution at the discretion of law enforcement agencies.
Please contact SEMA Technical Consultant Jim McFarland at jmcfar1@aol.com with any questions or to seek clarification on the issues contained in this document.