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CSG Mike 08-25-2014 04:14 PM

Quote:

Is there a military exemption from the smog inspection?

No, a smog inspection certification is required.

I think that sums it up.

CSG Mike 08-25-2014 04:16 PM

Quote:

Originally Posted by Jaden (Post 1916012)
If the car is not registered in California, the state emissions do NOT apply.

If you become a permanent resident of California, you are required to get a license from california and you THEN become required to register your car in California. I believe you have either 30 or 60 days once moving to California, to surrender your old license and register any vehicles you own in your primary state of residence.

Military are EXEMPT from this requirement so long as they are in the state due to military orders, they will never be required to register in the state of california, smog their vehicles in california or be california compliant for emissions purposes.

This is the same for people who own homes in california, but whose primary state of residence is say, Oregon, Nevada, New Mexico, Arizona or Nevada.

If the state finds out that they are living primarily in California, they may take exception to that, but they cannot require an out of state registered vehicle to maintain california emissions standards, so long as that vehicle is allowed to be registered in the state that it is currently registered in outside of california.

A vehicle that is only driven IN california or driven here the majority of the time would be required to be registered in california, except for military members here on orders.

Jaden

You are technically correct.

However, you will still be cited, and you will still need to show up to court. They will make you jump through hoops, and CHP are... [insert expletive here]

They will get you.

Jaden 08-25-2014 04:28 PM

Yeah CHPs are ****s a lot of the time...
 
Quote:

Originally Posted by CSG Mike (Post 1916017)
You are technically correct.

However, you will still be cited, and you will still need to show up to court. They will make you jump through hoops, and CHP are... [insert expletive here]

They will get you.

Most of the time, if they pull you over with out of state license plates, they'll ask for your license, if your license is from california, they will often become ****s and ask how long you've been in the state, etc...

Luckily, Cali has a wonderful thing called trial by written declaration.

Fill out a form describing your case, submit the bail amount and any supporting documentation, military orders etc... cite any valid penal or other codes to support your case and just mail it in.

Six months later, you will get a check for the bail amount once they side with you, which happens the majority of the time even if you're wrong lol...

I beat a 105 mph speeding ticket doing that.

They caught me on aircraft radar while I was getting away from some road rager, then I slowed back down and was not speeding when the cop pulled me over and gave me a ticket.

In California, the citing officer has to witness the crime or it will be thrown out. If the aircraft radar operator doesn't come down and write you the ticket, fight it and you will win.

I also got my wife out of a cali stop ticket TWICE, because the cops made the mistake of replying to my wife's "I did come to a stop" with "You didn't stay stopped long enough for me to witness the stop".

I cited the cali veh code that basically states, you do not have to come to a stop for any specified period of time, only come to a complete stop, and the tickets were thrown out.

Jaden

p.s. Never admit in writing or verbally to breaking the law or you WILL lose. In the case where I beat the 105 mph ticket, I stated that I had to accelerate to escape a dangerous situation but was not aware of how fast I had to go.

solus 08-25-2014 04:53 PM

Quote:

Originally Posted by CSG Mike (Post 1916017)
You are technically correct.

However, you will still be cited, and you will still need to show up to court. They will make you jump through hoops, and CHP are... [insert expletive here]

They will get you.

How is he technically correct whereas I'm not when we are saying the exact same thing, lol.

Anyway, I'm not too worried about it. As long as my vehicle passes the regulations for WA (the state I will be registered in when I move to CA again next month).

There is a lot of misunderstanding when it comes to military personnel. The courts know what to do (at least all of the ones I've been to) so I'm not sweating it.

I'd also say if you're a member of the military and you're Home of Record is a different state with less stringent smog requirements, then register your car there and keep you state DL. You'll be fine... but don't take my word, consult the JAG office.

Now I just have to deal with crap 91 octane gas... ugh.

King Tut 08-25-2014 05:24 PM

MOVE OUT OF CALIFORNIA

/THREAD

Jaden 08-25-2014 05:58 PM

If oonly I could...
 
Quote:

Originally Posted by King Tut (Post 1916135)
MOVE OUT OF CALIFORNIA

/THREAD

Without getting a divorce that ain't gonna happen with me...

I've been trying to figure out for a decade or more how to make the car I really want to...

I've had enough of the older chassis' and I want something more modern. In Cali that typically means, I can't do what I want to performance wise.

My final decision and what I've been designing for the better part of a decade is an aluminum reinforced silk monocoque chassis, utilizing a mid engine (behind the seats) 327 v8 and quad t3 turbos.

Doing it this way allows me to make a first of the year appointment at the DMV and register it as a SCV (specially created vehicle) using the 327 v8 (first introduced in 1961) which allows me to register the vehicle at 1961 smog requirements, meaning that I don't even have to use PCV...

There are several design elements that I would like to try out that I just can't do with modern smog requirements, even though they may be less pollution causing than modern "required smog equipped" cars are.

Jaden

Sellout 08-25-2014 08:00 PM

Quote:

There is a lot of misunderstanding when it comes to military personnel.
You got that right. The cops misunderstand as bad as you guys do, that's where you're lucky.

There is no exemption for you. You're just lucky most cops don't know that.

solus 08-25-2014 08:25 PM

Quote:

Originally Posted by Sellout (Post 1916413)
You got that right. The cops misunderstand as bad as you guys do, that's where you're lucky.

There is no exemption for you. You're just lucky most cops don't know that.

Its not an exemption... its the fact that I don't have to register my car in CA. Emissions testing is done before you register your car. CA DMW will not even see my car. I won't ever have to walk into a CA DMV. My car is register in WA and my license is WA. So, if I get pulled over... the cop sees WA plate, WA registration, and WA license. So unless my car is obviously not in compliance with ANY emissions standards (and to a normal cop they have no idea) then I should not be cited. If I am cited, the court will know that my vehicle did not comply with California emissions standards because its not registered in CA.

Otherwise every joe blow driving through CA would be pulled over and required to get CARB testing...

for example... here in WA, my car is register in Kitsap county, no emissions testing required. Pierce county (the county next to mine) requires emissions testing... I drive through pierce county every day. No problems, I actually live in pierce county and had my car registered in kitsap county, still no emissions testing.

So, while there is no exemption per se we are able to circumvent the emissions requirement because it is based on your registration not where you actually live. Due to being military I am able to claim residency in another state (WA) and register my car in WA. I'm also able to obtain a license from WA... therefore, upon registration no emissions testing is required. (because its registered in WA)

I'm not sure where people are confused. If you have an out of state license, out of state plates, out of state registration then you are only required to meet the emissions standards of your state of registration.

A civilian who moves to CA is REQUIRED to obtain CA residency after a certain amount of time. A military member is not require to do that... thus... registration in another state.

Military member who are residents of CA (have CA license, CA registration, CA plates, and a home of record in CA) DO have to abide by emissions testing standards of CA, otherwise they won't be able to register their vehicles... of course you can always change your residency when you go to your next duty station (outside CA).

clear?

tahdizzle 08-25-2014 08:52 PM

Change it to Alaska :thumbsup:

Sellout 08-25-2014 09:55 PM

Quote:

Originally Posted by solus (Post 1916476)

Otherwise every joe blow driving through CA


You still don't get it. The law says you have to comply. PERIOD. The cops give you a break and the DMV and CARB apparently just look the other way, but the law says what it says, which allows for your entire year to be ruined if you get pulled over and the officer doesn't like your attitude.

Quote:

then you are only required to meet the emissions standards of your state of registration.
California's smog requirements say nothing of that sort. In fact they say you need to have a california smog check that is enforced independently on each base. If you get a break it's because your superiors allow it. You can still have a real tough day if that changes.

solus 08-25-2014 10:00 PM

Quote:

Originally Posted by Sellout (Post 1916589)
You still don't get it. The law says you have to comply. PERIOD. The cops give you a break and the DMV and CARB apparently just look the other way, but the law says what it says, which allows for your entire year to be ruined if you get pulled over and the officer doesn't like your attitude.

Says who? You... Ok man whatever.

Where the does the law say that? Where does it say all non-CA registered cars must be CARB compliant?

Do I have to be CARB complaint if I'm just visiting, driving through, temporaryly there? No where does it say that as a military member I'm required to register in CA. Yes, I can get a ticket, but it'll be tossed when I show them my WA residency, license, registeration, and address.

Sellout 08-25-2014 10:02 PM

Quote:

Originally Posted by solus (Post 1916602)
Says who? You... Ok man whatever.

I've actually read the law. Feel free to do the same just in case you piss someone off on base...

I've also had friends who suddenly had bad days when they had to start passing smog checks on base.

Edit: It's along the same lines as the '75 and older smog check exemption. (Except that this really is an exemption) It makes you exempt from smog checks, but not actually exempt from the smog emissions requirements. It's still unlawful to remove the catalytic convertor on your 1975 POS, it's just not required that you take that POS and get it smog checked every other year. So if you get pulled over and piss the officer off, (assuming he knows the law) he could write you a pretty expensive ticket.

solus 08-25-2014 10:11 PM

Quote:

Originally Posted by Sellout (Post 1916606)
I've actually read the law. Feel free to do the same just in case you piss someone off on base...

I've also had friends who suddenly had bad days when they had to start passing smog checks on base.

Smog is required every two years except under certain exemptions, and due upon registration... So if I never register my car in CA, when do I have to get a smog check?

Your buds must have been CA residents w/ CA plates or licenses

https://www.dmv.ca.gov/pubs/brochure...militaryvr.htm

Read the part about Smog... "If registered in CA... "

solus 08-25-2014 10:17 PM

Quote:

Originally Posted by Sellout (Post 1916606)
I've actually read the law. Feel free to do the same just in case you piss someone off on base...

I've also had friends who suddenly had bad days when they had to start passing smog checks on base.

Edit: It's along the same lines as the '75 and older smog check exemption. (Except that this really is an exemption) It makes you exempt from smog checks, but not actually exempt from the smog emissions requirements. It's still unlawful to remove the catalytic convertor on your 1975 POS, it's just not required that you take that POS and get it smog checked every other year. So if you get pulled over and piss the officer off, (assuming he knows the law) he could write you a pretty expensive ticket.

True, he could write me a ticket... I'll give you that, it'll be tossed at court since I can prove my car isn't required to be smog compliant, well atleast not CA standards


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