(a) A Smog Check station shall give a copy of
the inspection report printed from the EIS or OIS to the customer by attaching
it to the customer's invoice.
(b)
No person shall enter any access or qualification number other than as
authorized by the Bureau into the EIS or OIS, nor in any way tamper with the
EIS or OIS.
(c) No person shall
enter any vehicle identification information or emission control system
identification data for any vehicle other than the one being tested into the
EIS or OIS. Nor shall any person enter into the EIS or OIS any false
information about the vehicle being tested.
(d) The specifications and procedures
required by section
44016
of the Health and Safety Code shall be the vehicle manufacturer's recommended
procedures for emission problem diagnosis and repair or the emission diagnosis
and repair procedures found in industry-standard reference manuals and
periodicals published by nationally recognized repair information providers.
Smog Check test-and-repair and repair-only stations and repair technicians
shall, at a minimum, follow the applicable specifications and procedures when
diagnosing defects or performing repairs for vehicles that fail a Smog Check
inspection.
(e) A Smog Check
station shall not perform an initial inspection, except for a pre-test, on any
vehicle or issue a certificate of compliance to any vehicle that has been
directed to a STAR station for its biennial Smog Check pursuant to sections
44010.5
or
44014.7
of the Health and Safety Code, unless the station is certified as a STAR
station pursuant to sections
44014.2
or
44014.5
of the Health and Safety Code. The reinspection and certification of a directed
vehicle that has failed an initial test at a STAR station and has undergone
subsequent repairs to correct the cause of the failure shall be performed by a
STAR station.
(f) Participation in
BAR's biometric data system is an eligibility requirement for Smog Check
inspectors. Smog Check inspectors shall have their biometric data collected and
identity verified at a BAR field office or other BAR-designated facility prior
to biometric use during inspections. For purposes of this section, "biometric
data" means data collected from a scan of the licensee's hand(s). During
initial biometric data collection and annually, inspectors shall review the
Notice on Collection of Personal Biometric Information and Its Use (New 1/2021)
and the Biometric Data Collection Consent Statement (New 1/2021), hereby
incorporated by reference, and agree to their terms. When prompted by the EIS
or OIS software, the licensee shall authenticate their identity for purposes of
authorizing their access to the EIS or OIS using a biometric device model
specified in section
1.8.0 of the Smog Check Manual
described in section
3340.45. If, at the time of
enrollment, the biometric system is unable to collect sufficient data necessary
to create a uniquely identifiable profile from both hands, BAR shall allow
access to the EIS or OIS using a BAR-assigned access code. If the Bureau
determines that the reason for which the uniquely identifiable profile could
not be collected is temporary, the Bureau shall establish a 30-day window
during which the inspector may access the EIS or OIS using a BAR-assigned
access code, after the conclusion of which the inspector would need to return
to the BAR field office or other BAR-designated facility to enroll, which shall
include the establishment of another 30-day window, if the biometric system is
unable to collect sufficient data necessary to create a uniquely identifiable
profile from both hands. If, after enrollment, an inspector encounters
circumstances where the biometric scanner is unable to collect the data
required to permit them to perform an inspection, the inspector shall return to
the BAR field office or other BAR-designated facility for enrollment based on
the changed circumstances.
(g) When
prompted by the EIS or OIS software, the BAR licensee shall permit BAR and/or a
BAR designee remote access to view and record audio, video, pictures, and text
relating to the inspection.
(h) No
licensed station shall have in the approved testing area at any time any
electronic device or software capable of simulating the OBD data stream from a
vehicle or manipulating OBD VIN, calibration identification, calibration
verification number, MIL-status, readiness, or diagnostic trouble codes
collected from a vehicle during a Smog Check Inspection.
(i) The procedure for the enrollment process
is as follows:
(1) Enrollment at a BAR field
office or other BAR-designated-facility shall begin on the effective date of
the regulation. BAR will inform Smog Check inspectors of the enrollment start
date at least 30 days prior to that date. Smog Check inspectors licensed after
the effective date of the regulation shall enroll as outlined in subdivision
(f) prior to being allowed to perform any Smog Check inspections. Biometric use
in lieu of a BAR-assigned access code shall be mandatory no earlier than
October 1, 2022, except as provided in subdivision (f). BAR will inform Smog
Check inspectors of the mandatory use date at least 30 days prior to the start
date.
(2) BAR will verify inspector
identity using two forms of identification. One must be a valid,
government-issued photo identification, other than a BAR issued license badge
(e.g., driver license, passport, or military identification). The second
identification must have the enrollee's signature and legal name (e.g., social
security card or credit card). If the enrollee is licensed with a name other
than the enrollee's legal name, the enrollee shall correct the name with BAR to
match the legal name prior to enrolling.
Licensed enrollees shall also provide their inspector
license number and the enrollee's BAR-issued inspector badge if received by the
enrollee from BAR prior to enrollment.
(3) Enrollees shall review and agree to the
Notice on Collection of Personal Biometric Information and Its Use (New 1/2021)
and the Biometric Data Collection Consent Statement (New 1/2021).
(4) Information collected during enrollment
will include a photograph of the enrollee's face and a biometric scan of the
enrollee's hand(s).
Notes
Cal. Code
Regs. Tit. 16, §
3340.41
1. Amendment
of section heading filed 8-24-88; operative 9-23-88 (Register 88, No.
37).
2. Amendment filed 4-16-90; operative 4-16-90 (Register 90, No.
19).
3. Editorial correction of printing error correcting section
heading (Register 91, No. 6).
4. Amendment of subsection (c) filed
8-18-92; operative 9-17-92 (Register 92, No. 37).
5. New section
heading, new subsection (d) and amendment of NOTE filed 7-26-96 as an
emergency; operative 7-26-96 (Register 96, No. 30). A Certificate of Compliance
must be transmitted to OAL by 11-25-96 or emergency language will be repealed
by operation of law on the following day.
6. Editorial correction of
subsection (d) (Register 97, No. 2).
7. Certificate of Compliance as
to 7-26-96 order transmitted to OAL 11-19-96 and filed 1-6-97 (Register 97, No.
2).
8. New subsection (e) and new Forms T1-T6 filed 2-1-2001;
operative 2-1-2001 pursuant to Government Code section
11343.4(c)
(Register 2001, No. 5).
9. Amendment of subsections (a)-(c) filed
6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
10. Amendment
of section heading, section and NOTE filed 5-30-2006; operative 6-29-2006
(Register 2006, No. 22).
11. Amendment of subsection (e) and new
subsection (f) filed 11-1-2011; operative 11-1-2011 pursuant to Government Code
section
11343.4
(Register 2011, No. 44).
12. Amendment of section and NOTE filed
8-2-2018; operative 8-2-2018 pursuant to Government Code section
11343.4(b)(3)
(Register 2018, No. 31).
13. Amendment of section and NOTE filed
5-5-2022; operative 7-1-2022 (Register 2022, No. 18). (Filing deadline
specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20.)
14. New
subsections (f)-(i)(4) filed 8-15-2022; operative 10-1-2022 (Register 2022, No.
33).
Note: Authority cited: Sections
44002,
44016
and
44030,
Health and Safety Code; and Section
9882, Business and Profession
Code. Reference: Sections
44010.5,
44012,
44014,
44014.2,
44014.7,
44016,
44030,
44036(a),
44036(b)
and
44050,
Health and Safety Code.
1. Amendment of
section heading filed 8-24-88; operative 9-23-88 (Register 88, No.
37).
2. Amendment filed 4-16-90; operative 4-16-90 (Register 90,
No. 19).
3. Editorial correction of printing error correcting
section heading (Register 91, No. 6).
4. Amendment of subsection
(c) filed 8-18-92; operative 9-17-92 (Register 92, No. 37).
5. New
section heading, new subsection (d) and amendment of Note filed 7-26-96 as an
emergency; operative 7-26-96 (Register 96, No. 30). A Certificate of Compliance
must be transmitted to OAL by 11-25-96 or emergency language will be repealed
by operation of law on the following day.
6. Editorial correction
of subsection (d) (Register 97, No. 2).
7. Certificate of
Compliance as to 7-26-96 order transmitted to OAL 11-19-96 and filed 1-6-97
(Register 97, No. 2).
8. New subsection (e) and new Forms T1-T6
filed 2-1-2001; operative 2-1-2001 pursuant to Government Code section
11343.4(c)
(Register 2001, No. 5).
9. Amendment of subsections (a)-(c) filed
6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
10. Amendment
of section heading, section and Note filed 5-30-2006; operative 6-29-2006
(Register 2006, No. 22).
11. Amendment of subsection (e) and new
subsection (f) filed 11-1-2011; operative 11-1-2011 pursuant to Government Code
section
11343.4
(Register 2011, No. 44).
12. Amendment of section and Note filed
8-2-2018; operative 8/2/2018 pursuant to Government Code section
11343.4(b)(3)
(Register
2018, No. 31).
13. Amendment of section and Note filed
5-5-2022; operative 7/1/2022 (Register
2022, No. 18). (Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20.)
14. New
subsections (f)-(i)(4) filed 8-15-2022; operative
10/1/2022
(Register
2022, No. 33).