Here’s Why California’s Proposed Classic Car Smog Check Amendment Makes A Ton Of Sense

It’s no secret that the definition of a classic car has shifted greatly as time’s gone on. A quarter-century ago, it pretty much only referred to chrome-bumper rides of 1973 and earlier, as Cudas, Impalas, E-Types, and ’32 Fords flocked to classic car events across North America. Now though, iconic rides of the ’80s have thoroughly risen in collector status, but owning a car from that era isn’t easy in every state. A recently introduced California Senate Bill aims to make classic car ownership easier in California by proposing easing of smog check requirements on classic occasional use vehicles, and it makes a lot of sense when you think about it.

Introduced on Feb. 21 and currently pending Senate referral, the bill has generated some buzz and attracted high-profile support including that of Jay Leno, who’s backing the bill. Let’s take a closer look at what it entails. In the digest for Senate Bill 712, it states:

Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year. Existing law also exempts from specified portions of the smog test a collector motor vehicle that is insured as a collector motor vehicle, is at least 35 model years old, complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and that passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. This bill would delete the above partial smog check exemption for collector motor vehicles from existing law. Instead, the bill would fully exempt a collector motor vehicle from the smog check requirement if the vehicle is at least 35 model years old and proof is submitted that the motor vehicle is insured as a collector motor vehicle, as specified.

This seems like it would be a move with minimal environmental impact. After all, we aren’t talking about daily drivers here, as collector vehicle insurance is already fairly restrictive on use and mileage. For instance, Hagerty requires collector vehicles insured under its coverage to not just be a non-primary vehicle, but to also be used only for pleasure use, which means no commuting. As a result, people wouldn’t be able to use 35-year-old cars as everyday transportation to find a loophole in this proposal, but enthusiasts could stand to benefit from such an amendment.

To start, it may make a big difference for some privately imported vehicles. It can be a serious pain to get vehicles never sold in America to be certified by the state, as testing is require to ensure conformity, and modifications may be needed to get a vehicle into compliance, even if all factory emission equipment is intact. It goes without saying that compared to the American fleet at large, the portion of vehicles privately imported under the 25-year law is infinitesimally tiny.

This bill, if passed, would also make it easier for enjoyers of cars more than 34 years old to keep them on the roads in California, because smogging a pre-OBDII car seems like it’s been a bit of a nightmare recently. While a model year 2000 or newer vehicle with OBDII doesn’t require tailpipe testing, vehicles prior to that date but made after 1975 must pass a sniffer test.

Over the past few years, some owners of the latter vehicles have reported issues with finding a private testing facility able to accommodate their cars, some citing equipment issues and some citing shops just giving up. In 2022, one Nissan 240SX owner took to the NICOclub forum stating that “I went to 3 places and they all said the machine was broken and waiting on the repair guy.”

On a similar note, in a 2024 post in the Facebook group Californians For Classic Car Smog Exemptions, one user asked “Anyone know a smog shop that will still run OBD1 in SF valley in Los Angeles? my guy just called it quits on OBD1.” Beyond that, there’s sometimes a knowledge gap between newer techs and old smog equipment. As David Tracy pointed out in our Slack chat,

It is harder, and more expensive, to test pre-OBDII vehicles.  That is true. And to be honest, you simply cannot expect new techs to be able to understand ancient smog equipment – smog pumps and EGR whatevers and vacuum tubes and all that.

California’s solution for the future is to move all pre-OBDII testing to state-owned facilities, and while that should result in less confusion over where to get the so-called BAR-97 test done, it may also result in less convenience for vehicle owners, as removing private smog shops from the program would reduce the number of locations owners can get a pre-OBDII car smogged at.

Of course, dropping the smog test requirement for older vehicles with collector insurance would come with questions about overall emissions compliance, but it’s important to consider feasibility instead of just malice. What happens when CARB-spec parts simply aren’t available anymore due to a car running far beyond its natural lifecycle? In theory, that car would be taken off the roads in California. In practice, it’s not that hard to flip over to another state’s registration before the next smog check is due if a car’s kept indoors most of the time and rarely driven, and while the risk of being caught certainly exists, people still do it all over California to keep what they love.

If Senate Bill 712 passes, it would be a boon to the private import community, a convenience to owners of older post-1975 collector cars, and should come at minimal social cost. It’s worth noting that prior to April 1, 2005, California had a rolling 30-year smog check exemption across the board, so this proposed legislation isn’t a complete rollback. If anything, it seems like a sensible proposal, so we’ll be watching what happens as it works through the legislative circuit.

Top graphic images: David Tracy; depositphotos.com

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