Cal. Code Regs. Tit. 16, § 3340.43 - Repair Cost Limit

(a) Beginning July 1, 2013. and in accordance with Health and Safety Code 44017 (c), a vehicle owner shall qualify for a repair cost waiver only after an expenditure of not less than $650 in smog check related repairs. The bureau shall revise the maximum repair cost limit based on adjustments to the Consumer Price Index (CPI). as published by the Bureau of Labor Statistics. The expenditure amount shall be increased biennially, only if the CPI results in an adjustment of at least $25 since the last CP1 adjustment. The revised repair cost limit shall be rounded to the nearest $5.

(b) Repairs covered by a vehicle manufacturer emissions warranty shall not apply toward the repair cost limit. Additionally, a vehicle owner shall not qualify for a repair cost waiver if the vehicle is in need of repairs that are covered by a manufacturer's emissions warranty.

(c) Pursuant to subdivision (e) of section 44017 of the Health and Safety Code, the owner of a motor vehicle that has failed the visible smoke test required by subsection (f) of Section 3340.42 and section 44012.1 of the Health and Safety Code, shall only be eligible for the repair cost waiver specified in subdivision (a) of section 44017 if all of the following conditions are met:

(1) The motor vehicle owner has a household income greater than the limit specified in subsection (b) of Section 3394.6, but less than or equal to two hundred fifty percent (250%) of the federal Poverty Guidelines, as published by the United States Department of Health and Human Services.

(2) The motor vehicle owner's household income has been verified in accordance with subsection (b) of Section 3394.6.

(3) The motor vehicle owner is not receiving any form of public assistance from any agency.

(4) The motor vehicle's required emissions control equipment is not missing and has not been rendered partially inoperative or inoperative as a result of tampering.

Notes

Cal. Code Regs. Tit. 16, § 3340.43

1. New section filed 1-11-2008; operative 1-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 2).
2. Amendment of subsections (a) and (b) filed 3-30-2012; operative 4-29-2012 (Register 2012, No. 13).
3. Amendment of section heading, section and NOTE filed 5-17-2013; operative 7-1-2013 (Register 2013, No. 20).

Note: Authority cited: Sections 44002, 44015 and 44017, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44017 and 44062.1, Health and Safety Code.

1. New section filed 1-11-2008; operative 1-11-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 2).
2. Amendment of subsections (a) and (b) filed 3-30-2012; operative 4-29-2012 (Register 2012, No. 13).
3. Amendment of section heading, section and Note filed 5-17-2013; operative 7-1-2013 (Register 2013, No. 20).