Cal. Code Regs. tit. 16 § 3340.16

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 3340.16 - Test-Only Station Requirements

(a) A Smog Check test-only station shall meet the requirements for equipment and materials as specified in the Smog Check Manual referenced in section 3340.45.

(b) A Smog Check test-only station shall post conspicuously, in an area frequented by consumers, a notice to the effect that the station is licensed to test vehicles only and cannot make any required diagnosis or repairs to a vehicle that has failed a Smog Check test.

(c) A Smog Check test-only station shall not engage in any automotive repair.

(d) No Smog Check test-only station may refer a consumer to a provider of repair services in which the owner of the test-only station has a financial interest.

(1) A financial interest includes any ownership in both automotive repair dealers, or any compensation for business referrals by either station including, but not limited to, direct payment, barter agreements, or "quid pro quo" arrangements.

(2) The test-only station shall provide consumers with instructions regarding how to access on the Bureau's website an updated list, compiled by region, of stations licensed to make repairs of vehicular emission control systems, including STAR test-and-repair stations.

(e) A Smog Check station owned either wholly or partially by the same party(s) that owns any automotive repair dealer located adjacent to, or in the same business park, strip mall, or industrial complex as the first automotive repair dealer, shall not qualify as a test-only station.

Cal. Code Regs. Tit. 16, § 3340.16

1. Amendment filed 4-16-90; operative 4-16-90 (Register 90, No. 19).
2. New subsection (c) filed 5-11-90; operative 6-10-90 (Register 90, No. 26).
3. Editorial correction of HISTORY 2. (Register 90, No. 45).
4. Amendment of subsection (a)(5) filed 10-23-91; operative 11-22-91 (Register 92, No. 35).
5. Amendment of section heading filed 8-18-92; operative 9-17-92 (Register 92, No. 37).
6. Amendment of subsections (a)-(a)(5), new subsections (a)(9) and (b) and subsection relettering, and amendment of newly designated subsection (c) 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 A Certificate of Compliance must be transmitted to OAL by 11-25-96 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of subsection (a)(3) (Register 97, No. 2).
8. Certificate of Compliance as to 7-26-96 order, including further amendment of subsection (a)(5) and repealer of subsection (a)(9), transmitted to OAL 11-19-96 and filed 1-6-97 (Register 97, No. 2).
9. Amendment of section heading and subsection (a)(6)(B), repealer and new subsection (d), new subsections (e) and (f) and amendment of NOTE filed 4-15-97 as an emergency; operative 4-15-97 (Register 97, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-13-97 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of HISTORY 9 (Register 97, No. 29).
11. Editorial correction of subsection (f) (Register 97, No. 38).
12. Certificate of Compliance as to 4-15-97 order transmitted to OAL 8-11-97 and filed 9-18-97 (Register 97, No. 38).
13. New subsection (a)(9) filed 11-12-98 as an emergency; operative 11-12-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-12-99 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction repositioning subsection (a)(9) (Register 98, No. 47).
15. Certificate of Compliance as to 11-12-98 order transmitted to OAL 3-10-99 and filed 4-21-99 (Register 99, No. 17).
16. Amendment of subsections (a)(6)(A)-(E), (a)(7) and (b) filed 2-1-2001; operative 2-1-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 5).
17. Amendment of subsections (a)(1), (a)(9) and (b) filed 2-15-2002 as an emergency; operative 2-15-2002 (Register 2002, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-17-2002 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 2-15-2002 order transmitted to OAL 6-13-2002 and filed 7-26-2002 (Register 2002, No. 30).
19. Amendment of subsections (a), (a)(1) and (b) filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
20. Editorial correction of subsection (e) (Register 2004, No. 22).
21. Amendment of section and NOTE filed 5-30-2006; operative 6-29-2006 (Register 2006, No. 22).
22. New subsection (a)(10) and amendment of NOTE filed 8-1-2007; operative 8-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 31).
23. Repealer of subsections (a)(6)-(a)(6)(F), subsection renumbering and amendment of newly designated subsection (a)(9) filed 12-16-2009; operative 12-16-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 51).
24. Amendment of subsections (b) and (e), new subsections (f)-(f)(2), subsection relettering, amendment of newly designated subsection (g) and new subsection (h) filed 11-1-2011; operative 11-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 44).
25. Amendment filed 5-2-2013; operative 7-1-2013 (Register 2013, No. 18).
26. 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.)

Note: Authority cited: Sections 44001.5, 44002, 44014.2 and 44014.5, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44010, 44012, 44013, 44014, 44014.2, 44014.5, 44014.6, 44015, 44017.1, 44033, 44036 and 44037.1, Health and Safety Code.

1. Amendment filed 4-16-90; operative 4-16-90 (Register 90, No. 19).
2. New subsection (c) filed 5-11-90; operative 6-10-90 (Register 90, No. 26).
3. Editorial correction of H ISTORY 2. (Register 90, No. 45).
4. Amendment of subsection (a)(5) filed 10-23-91; operative 11-22-91 (Register 92, No. 35).
5. Amendment of section heading filed 8-18-92; operative 9-17-92 (Register 92, No. 37).
6. Amendment of subsections (a)-(a)(5), new subsections (a)(9) and (b) and subsection relettering, and amendment of newly designated subsection (c) 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.
7. Editorial correction of subsection (a)(3) (Register 97, No. 2).
8. Certificate of Compliance as to 7-26-96 order, including further amendment of subsection (a)(5) and repealer of subsection (a)(9), transmitted to OAL 11-19-96 and filed 1-6-97 (Register 97, No. 2).
9. Amendment of section heading and subsection (a)(6)(B), repealer and new subsection (d), new subsections (e) and (f) and amendment of Note filed 4-15-97 as an emergency; operative 4-15-97 (Register 97, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-13-97 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of History 9 (Register 97, No. 29).
11. Editorial correction of subsection (f) (Register 97, No. 38).
12. Certificate of Compliance as to 4-15-97 order transmitted to OAL 8-11-97 and filed 9-18-97 (Register 97, No. 38).
13. New subsection (a)(9) filed 11-12-98 as an emergency; operative 11-12-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-12-99 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction repositioning subsection (a)(9) (Register 98, No. 47).
15. Certificate of Compliance as to 11-12-98 order transmitted to OAL 3-10-99 and filed 4-21-99 (Register 99, No. 17).
16. Amendment of subsections (a)(6)(A)-(E), (a)(7) and (b) filed 2-1-2001; operative 2-1-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 5).
17. Amendment of subsections (a)(1), (a)(9) and (b) filed 2-15-2002 as an emergency; operative 2-15-2002 (Register 2002, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-17-2002 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 2-15-2002 order transmitted to OAL 6-13-2002 and filed 7-26-2002 (Register 2002, No. 30).
19. Amendment of subsections (a), (a)(1) and (b) filed 6-9-2003; operative 7-9-2003 (Register 2003, No. 24).
20. Editorial correction of subsection (e) (Register 2004, No. 22).
21. Amendment of section and Note filed 5-30-2006; operative 6-29-2006 (Register 2006, No. 22).
22. New subsection (a)(10) and amendment of Note filed 8-1-2007; operative 8-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 31).
23. Repealer of subsections (a)(6)-(a)(6)(F), subsection renumbering and amendment of newly designated subsection (a)(9) filed 12-16-2009; operative 12-16-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 51).
24. Amendment of subsections (b) and (e), new subsections (f)-(f)(2), subsection relettering, amendment of newly designated subsection (g) and new subsection (h) filed 11-1-2011; operative 11-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 44).
25. Amendment filed 5-2-2013; operative 7-1-2013 (Register 2013, No. 18).
26. 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.)