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Old 12-29-2016, 10:14 PM
 
Location: Living rent free in your head
30,988 posts, read 13,558,751 times
Reputation: 22076

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I hope someone here knows the answer because I called the Consumer Assistance Program and they were very vague.

I moved to California in late 2014 and registered my Isuzu Rodeo here in January 2015. In January of 2016 I transferred the vehicle to my son. The registration is due in two weeks, but the car won't pass smog, he's a mechanic and he knows it won't pass and there's nothing he can do to make it pass short of putting in a different engine, so he was considering junking it and getting the California Vehicle retirement $ for it.

The vehicle has been registered in California for two years, so he is good there, but when I called CAP and asked if he still qualified because I had transferred the vehicle to him a year ago the answer I got was "try it and maybe they will make an exception" I emailed their website and got the same answer. I read the rules and it doesn't even say that the vehicle has to be registered to the same person for two years, only that it had to be registered in California for two years https://www.smogcheck.ca.gov/pdf/VR_Requirements.pdf I looked up the rules in the California administrative code and they don't give any additional information.

If it's not eligible for CAP, he will non-op it and put a new (used engine in it) If it is eligible he will pay for the failed smog check and submit the application. I'm not sure why it's so hard to get a straight answer from BAR on this but it's sure frustrating.

Have any of you had success using the program with a vehicle that was not registered to you for two years?
thanks in advance
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Old 12-29-2016, 11:31 PM
 
Location: Carmichael, CA
2,008 posts, read 3,010,591 times
Reputation: 3198
"The vehicle must have been registered in California for two consecutive years preceding the current registration expiration date."

I am reading this as your current registration being Jan 16 to Jan 17. Which would mean the two consecutive years preceding would take it back to Jan 14.

Just my opinion, though.
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Old 12-29-2016, 11:40 PM
 
Location: Living rent free in your head
30,988 posts, read 13,558,751 times
Reputation: 22076
Quote:
Originally Posted by cb73 View Post
"The vehicle must have been registered in California for two consecutive years preceding the current registration expiration date."

I am reading this as your current registration being Jan 16 to Jan 17. Which would mean the two consecutive years preceding would take it back to Jan 14.

Just my opinion, though.
It was registered in California in 2015 and in 2016, it is due for renewal on January 18, 2017. The state BAR agreed that it met the requirement for two years but could not, or would not give me a straight answer on the question about it being transferred to my son in January of 2016, they said that they 'might' make an exception since it was a transfer to a family member, but if they didn't then it would not be eligible until January 2018.

What's troubling is that I can't find any language anywhere stating that the registered owner has to be the same person for the two years, just that it has to be registered in California for two years. https://govt.westlaw.com/calregs/Bro...a=(sc.Default)

What he does not want to do is pay to have it fail smog, pay the 2017 fees and then wait and find out it doesn't qualify for the program. If it doesn't qualify he will non-op it before the fees are due, change out the motor then smog it and pay the registration fees. He doesn't need to drive it to do the engine swap, he can trailer it to his shop.
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Old 12-30-2016, 12:00 AM
 
Location: Silicon Valley
18,081 posts, read 22,914,959 times
Reputation: 35192
It no longer has to fail a smog test to be eligible to retire it. You choose Option 2:

https://www.smogcheck.ca.gov/pdf/VR_Requirements.pdf

I've retired my last 3 vehicles in CA.

Just send in the paperwork and choose Option 2. See what happens.

My last one that I retired, I just had to get it smog tested, and it didn't matter that it passed. Smog check cost me around $65. The state then bought it from me for $1500. It was an old Corolla.

If he can't retire it, depending on income, he might be able to get $500 to fix it so it will pass smog.

https://www.smogcheck.ca.gov/pdf/RA_Requirements.pdf

I think they can't tell you anything for sure, because they need to see the VIN, etc. Part of the problem with my last vehicle that I wanted to retire, was that is had a salvage title before I bought it. I bought it from a Salvation Army lot where someone had donated it. So, the state wanted me to have it smog tested, just to be sure it ran - even though I live in a county where we're not required to do smog tests.

I spoke to them on the phone a couple times. They worked with me, and it got done. So, just send in the paperwork, like they suggested and I bet it will get done. They might just make him jump through a couple hoops.
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Old 12-30-2016, 11:04 AM
 
Location: Living rent free in your head
30,988 posts, read 13,558,751 times
Reputation: 22076
Quote:
Originally Posted by NoMoreSnowForMe View Post
It no longer has to fail a smog test to be eligible to retire it. You choose Option 2:

https://www.smogcheck.ca.gov/pdf/VR_Requirements.pdf

I've retired my last 3 vehicles in CA.

Just send in the paperwork and choose Option 2. See what happens.

My last one that I retired, I just had to get it smog tested, and it didn't matter that it passed. Smog check cost me around $65. The state then bought it from me for $1500. It was an old Corolla.

If he can't retire it, depending on income, he might be able to get $500 to fix it so it will pass smog.

https://www.smogcheck.ca.gov/pdf/RA_Requirements.pdf

I think they can't tell you anything for sure, because they need to see the VIN, etc. Part of the problem with my last vehicle that I wanted to retire, was that is had a salvage title before I bought it. I bought it from a Salvation Army lot where someone had donated it. So, the state wanted me to have it smog tested, just to be sure it ran - even though I live in a county where we're not required to do smog tests.

I spoke to them on the phone a couple times. They worked with me, and it got done. So, just send in the paperwork, like they suggested and I bet it will get done. They might just make him jump through a couple hoops.
Thanks, I read that and it appears it does not have to fail, but it still requires a smog check within 120 days. this car will definitely fail! But did you ever successfully use the program for a car that was not registered in your name for two years?
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Old 01-01-2017, 08:20 PM
 
Location: Silicon Valley
18,081 posts, read 22,914,959 times
Reputation: 35192
Quote:
Originally Posted by 2sleepy View Post
Thanks, I read that and it appears it does not have to fail, but it still requires a smog check within 120 days. this car will definitely fail! But did you ever successfully use the program for a car that was not registered in your name for two years?
No, I always had it in my name for at least two years, and it was registered and insured that entire time.

If they don't let him retire it because of that, there is always the option to get the $500 towards repairs so it will pass smog - if he qualifies - I think you have to be low income, but I'm not sure. I took that option once for one of the cars I later retired.

I guess you could write on the form that it was transferred within the family. I hope it works out. Let us know what happens.
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Old 01-01-2017, 08:28 PM
 
Location: Living rent free in your head
30,988 posts, read 13,558,751 times
Reputation: 22076
Quote:
Originally Posted by NoMoreSnowForMe View Post
No, I always had it in my name for at least two years, and it was registered and insured that entire time.

If they don't let him retire it because of that, there is always the option to get the $500 towards repairs so it will pass smog - if he qualifies - I think you have to be low income, but I'm not sure. I took that option once for one of the cars I later retired.

I guess you could write on the form that it was transferred within the family. I hope it works out. Let us know what happens.
Thanks, he will probably try that. He can't repair it, its a rod or something so he will have to put a different engine in and they won't allow the $500 for repairs you do yourself, only ones done in a smog repair station ugh
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Old 01-01-2017, 08:55 PM
 
Location: Silicon Valley
18,081 posts, read 22,914,959 times
Reputation: 35192
Quote:
Originally Posted by 2sleepy View Post
Thanks, he will probably try that. He can't repair it, its a rod or something so he will have to put a different engine in and they won't allow the $500 for repairs you do yourself, only ones done in a smog repair station ugh
Oh, bummer. I'll cross my fingers they'll let him retire it. I love this program. My last car was a Corolla I bought for $900 and drove for around 6 years, I think. Retired it just last year for $1500 LOL. Nobody would have paid me $500 for it. Still ran great, but was uglier than sin.
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