Section 3340.41 - Inspection, Test, and Repair Requirements(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).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).