Smog check: exemption: collector motor vehicles.

The entire phased exemption schedule for collector motor vehicles is delayed by one year. Previously, vehicles manufactured before 1981 were exempt immediately upon the bill taking effect; now that exemption begins January 1, 2028. Each subsequent model year extension (1982 through 1986) is also pushed back one year, with the final extension for pre-1986 vehicles moving from January 1, 2032 to January 1, 2033.

A new Article 8.2 (Sections 5040 through 5043) is added to Chapter 1 of Division 3 of the Vehicle Code. Section 5040 requires the Bureau of Automotive Repair to adopt regulations implementing the exemptions in two tiers: insured collector vehicles qualify starting January 1, 2028, and low-mileage vehicles (driven fewer than 1,000 miles per calendar year) do not qualify until January 1, 2030, and only for vehicles in the later phases of the exemption (1983 model year and newer).

The partial smog test exemption in both Section 44011(c) and Section 4000.1(g) is narrowed. Previously it applied to any collector motor vehicle as defined in Section 259. Now it applies only to vehicles meeting the criteria of paragraph (2) or (3) of subdivision (a) of Section 259, meaning only vehicles described in Section 5004 and special interest vehicles under Section 5051, excluding the general 35-year-old collector category.

Section 5043 authorizes the Bureau of Automotive Repair to collect fees to recover reasonable administrative costs. Fees are capped at no more than twice the amount of the annual smog abatement fee specified in Section 44060 of the Health and Safety Code.

The definition of 'collector motor vehicle' in Section 259 is restructured. Previously it required meeting all three criteria (age plus insurance/mileage, use for shows/parades, and insurance/mileage). Now it requires meeting both of two criteria: (a) the vehicle is one of three types (35+ years old and complies with BARD regulations on insurance or low mileage, described in Section 5004, or a special interest vehicle under Section 5051), and (b) used primarily for shows, parades, charitable functions, and historical exhibitions and not as the owner's primary transportation. The specific insurance and mileage requirements are now deferred to regulations adopted under new Section 5040.

Section 5041 authorizes the Bureau of Automotive Repair and the Air Resources Board to exchange information as necessary to determine a vehicle's eligibility as a collector motor vehicle. Section 5042 requires that regulations include any forms, procedures, and other requirements necessary for implementation.

The definition of 'collector motor vehicle' in Vehicle Code Section 259 is restructured. Previously, a vehicle had to be at least 35 model years old, used primarily for shows/parades/exhibitions, and either insured as a collector or driven fewer than 1,000 miles per year. Now, criterion (a) offers three alternative paths: (1) 35+ years old with insurance or low mileage, (2) described in Section 5004(a) (antique vehicles), or (3) a special interest vehicle as defined in Section 5051. The usage requirement (not primary transportation, used for shows/parades/exhibitions) still applies to all three categories.

A new Section 4 amends Vehicle Code Section 4000.1 to add smog certificate exemptions upon transfer of ownership for collector motor vehicles manufactured before the 1981 model year, with annual extensions through 2032 (reaching pre-1986 vehicles). This extends the existing biennial exemption in Health and Safety Code Section 44011 to also cover the transfer-of-ownership smog check requirement.

The partial smog test exemption (exempting collector vehicles from certain portions of the test) in both H&S Code 44011(c) and the new Vehicle Code 4000.1(g) applies to 'any collector motor vehicle, as defined in Section 259' - meaning it covers all three categories under the expanded definition, including antique vehicles and special interest vehicles.

The biennial smog check exemptions (H&S Code 44011, paragraphs 9-14) and the new transfer exemptions (Vehicle Code 4000.1, paragraphs 8-13) are narrowed to apply only to collector motor vehicles meeting 'paragraph (1) of subdivision (a) of Section 259' - meaning only the 35+ year old vehicles with insurance or low mileage qualify for full exemptions. Antique vehicles and special interest vehicles under the expanded definition do NOT receive these full exemptions.

A new $8 fee is imposed on the transferee of a motor vehicle that is four or less model years old, with revenues deposited into the Vehicle Inspection and Repair Fund. This appears to be part of the broader 4000.1 amendment framework.

The definition of 'collector motor vehicle' in Vehicle Code Section 259 was changed from requiring collector-specific insurance as a mandatory criterion to an either/or condition: the vehicle must be either insured as a collector motor vehicle with proof submitted at registration, OR determined through a department-developed process to be driven fewer than 1,000 miles per calendar year. This expands eligibility for smog check exemptions to owners who may not have or want collector-specific insurance but can demonstrate low annual mileage.

The bill summary was updated to reflect the new alternative criterion, changing 'and is insured as a collector motor vehicle' to 'and is either insured as a collector motor vehicle, as specified, or determined, as specified, to be driven fewer than 1,000 miles per calendar year.'

Line numbering and page references were adjusted throughout the bill (page 98 changed to page 97, various line numbers shifted). Minor wording cleanup in Section 259 ('meets all both' revised to 'meets both all').

Added a new Section 1 designating the bill's short title as 'Jay Leno's Law.' This is a naming provision with no substantive policy effect.

Section numbering was restructured: the former Section 1 (amending Health and Safety Code 44011) became SEC. 2, and the former SEC. 2 (amending Vehicle Code 259) became SEC. 3, to accommodate the new short title section.

The definition of 'collector motor vehicle' in Vehicle Code Section 259 was restructured. The old definition required the vehicle to be 'owned by a collector, as defined in subdivision (a) of Section 5051.' The new definition removes that cross-reference and instead states the vehicle must meet listed criteria directly: at least 35 model years old, used primarily in shows/parades/charitable functions/historical exhibitions, not used as the owner's primary mode of transportation, and insured as a collector motor vehicle with proof submitted at registration.