BajaNomad - CA Smog Exemption - I found the vehicle code

CA Smog Exemption - I found the vehicle code

danaeb - 8-5-2010 at 03:25 PM

Last year when my smog test was due, I went to AAA, filled out form 256 and was out the door with my tags in 5 minutes. This year, AAA gave me a hard time because the car is in Mexico and according to their interpretation, wouldn't qualify for the exemption.

I know from posts on Nomads and other Baja boards that there is specific language in the vehicle code regarding exemptions for out-of-state vehicles.

For the last week, I've scoured the internet looking for the specific section of the Vehicle Code. Eureka! I found it!

Here's the online link. Scroll to page 12, code section 10.60.

http://www.dmv.ca.gov/pubs/reg_hdbk_pdf/ch10_RENEWALS.pdf

The language is black and white. If the vehicle is out of state, except for specific cities in Nevada and Mexico, the vehicle is exempt. I just submitted the paperwork today. Let's see what happens.....

Bajahowodd - 8-5-2010 at 03:44 PM

Nice job. Obviously the listed cities are all bordering California. Just wondered why Mexicali isn't on the list.

El Camote - 8-5-2010 at 03:48 PM

Quote:

Originally posted by Bajahowodd
Nice job. Obviously the listed cities are all bordering California. Just wondered why Mexicali isn't on the list.

Probably the same reason the Imperial Valley is exempt. Too rural.

Although, on second thought, most days the air in Mexicali can be cut with a knife. If there was ever a need for smog laws...

[Edited on 8-5-2010 by El Camote]

Bajahowodd - 8-5-2010 at 04:03 PM

And just consider the vast urban environment around Tecate. :tumble:

Mexicali is a very large city. It dwarfs towns on the US side. It just doesn't make sense to me that it would not be on the list.

danaeb - 8-5-2010 at 04:04 PM

Quote:

Originally posted by Bajahowodd
And just consider the vast urban environment around Tecate. :tumble:

Mexicali is a very large city. It dwarfs towns on the US side. It just doesn't make sense to me that it would not be on the list.

Make sense??? You're talkin' about the DMV..... :lol:

Bajahowodd - 8-5-2010 at 04:05 PM

I guess I forgot! :lol:

bajalou - 8-5-2010 at 04:08 PM

Quote:

Originally posted by danaeb

Quote:

Originally posted by Bajahowodd
And just consider the vast urban environment around Tecate. :tumble:

Mexicali is a very large city. It dwarfs towns on the US side. It just doesn't make sense to me that it would not be on the list.

Make sense??? You're talkin' about the DMV..... :lol:

Imperial County CA - across the border from Mexicali - does not require the bi-annual smog checks. So why be concerned with cars with address in Mexicali.

Bajahowodd - 8-5-2010 at 04:14 PM

Didn't know that. So, places downwind aren't affected? Don't want to rant here, but just seems to me that as a nation, as a planet, the total of hydrocarbon emissions counts.

And does that mean I could get a PO box in Calexico and never again have to worry about smoggng my 12 year old clunker that has a perpetual Check engine light on?

:lol:

[Edited on 8-5-2010 by Bajahowodd]

danaeb - 8-5-2010 at 04:28 PM

Actually, if you scroll up in that DMV document a couple of pages, it shows a list of the counties that have to comply, and counties in which only certain zip codes apply. Go figure......

Howodd - I think you may be on to something, but I think it would have to be a physical address not a PO box. Have any relatives in Imperial county?

Russ - 8-5-2010 at 04:51 PM

The DMV in SanClemente has given me fits the last time I paid my registration I did it on line and they sent the registration but noted I had to get a smog cert. before it would be valid and get the sticker. So last time up, in March I went in and of course I had a problem. I told them I knew there was something for those that live below the boarder and they said if the address on the registration is in Calif. I had to have it smogged. Well, I didn't do it and so I guess I'd illegal. I just made a copy of the part the excludes me and I'll try again. They'll probably make me pay the late charges. Any way thanks for the info I'll give'er a try.... again.

fandango - 8-5-2010 at 05:03 PM

read page 4. it is easy to do:

http://forums.bajanomad.com/viewthread.php?tid=42863&pag...

what do you say pacside?

k-rico - 8-5-2010 at 05:11 PM

If you live in Mex, get Mex plates. Either import your car or sell it and buy a car with Mex plates. I sold my old old Ford F-150 with CA plates (to a Mexican here in TJ) and bought a new old Ford F-250 with BC plates. Glad I did. It's nice not having to go to the US for smog checks, or anything else for that matter.

Russ - 8-5-2010 at 05:19 PM

Quote:

1/13/10
pacside

I just renewed the registration at the Auto Club in San Clemente, CA on my 1993 PU. The truck is in Mulege and would have required a smog check. I filled out a statement of fact that the truck was in Mulege, paid the registration fee and walked out with the sticker for the plate. I was not asked for Mexican insurance or anything. The agent told me if the vehicle is far enough into Mexico you are not required to bring it back to California for a smog test. This is the second time I have done this.

It didn't work for me and I talked to the supervisor

mtgoat666 - 8-5-2010 at 05:20 PM

Quote:

Originally posted by danaeb
The language is black and white.

guidance manual language seems to be gray
i looked at citations at top of page, and they do not link back to identical tex in regs and laws (one citation seems to be incorrect?),... so could not see source of city listing. guidance manual is not same as regulation and law.

and did you read the code sections re insurance for CA-plated cars kept in mexico and requirements based on where you "declare" your residence?

mulegejim - 8-5-2010 at 05:28 PM

Quote:

Originally posted by Russ
The DMV in SanClemente has given me fits the last time I paid my registration I did it on line and they sent the registration but noted I had to get a smog cert. before it would be valid and get the sticker. So last time up, in March I went in and of course I had a problem. I told them I knew there was something for those that live below the boarder and they said if the address on the registration is in Calif. I had to have it smogged. Well, I didn't do it and so I guess I'd illegal. I just made a copy of the part the excludes me and I'll try again. They'll probably make me pay the late charges. Any way thanks for the info I'll give'er a try.... again.

I have been to the AAA in San Clemente and have had no problems with a truck I leave in Mulege as far as smog checks go - you fill out a form that indicates the vehicle is in Mexico and pay the registration fee and receive the tags. I believe the requirement is that the vehicle is at some distance from the border - my truck is in Mulege which is more than a one day drive to California. Hope this helps. Jim

bajalou - 8-5-2010 at 05:34 PM

Quote:

Originally posted by Bajahowodd

And does that mean I could get a PO box in Calexico and never again have to worry about smoggng my 12 year old clunker that has a perpetual Check engine light on?

:lol:

[Edited on 8-5-2010 by Bajahowodd]

Yes you can.

bajalou - 8-5-2010 at 05:49 PM

It's really pretty clear to me at least - I quote

"When the registered owner's mailing address is in a biennial inspection area but the vehicle is garaged outside the biennial inspection area, a smog certificate MUST BE submitted for renewal"

If you want to have a San Diego mailing address, you need to get the smog cert.

If you change to a Mulege mailing address, they won't mail the renewal card to you so you just have to keep up on when to do it yourself.

Of course with all this, you must keep your Calif. insurance or they will cancel the registration.

Russ - 8-5-2010 at 05:55 PM

Quote:

Originally posted by mulegejim

Quote:

I did do it on a 92 Explorer so I knew it could be done and told the stuidvisor at DMV that and she wouldn't have any part of it. Now I have a copy of the reg. After like 40 years I let the AAA membership end. I'm only in the States about 1 month total a year.

pacside - 8-6-2010 at 09:53 AM

Quote:

Originally posted by fandango
read page 4. it is easy to do:

http://forums.bajanomad.com/viewthread.php?tid=42863&pag...

what do you say pacside?

This is what I wrote a while back when renewing my truck located in BCS with AAA office in Los Gatos, CA. Couldn't of happened soon enough; as I was parking to wait for my friends to arrive at the SJD airport a police officer zoomed up and asked me for registration...I smiled and said glad you asked I have them right here..he smiled back and said ok I don't need to see them just don't park here more than 5 minutes because its illegal.

*******************************************

Ditto for me this morning. Took all of 2 minutes.

I was considering paying for and providing CA liability insurance but I thought I would try with the mx insurance first. The AAA lady said mx insurance will suffice as they will notify DMV that I provided "proof of insurance"...I assume she meant they do not specify it is MX insurance just that I provided proof. My concern was that if I didn't have CA liab insurance then my registration would be invalidated as a previous poster mentioned.

My DMV renewal notice said I was required to provide smog certificate and liability insurance. AAA accepted the statement of facts stating vehicle was out of CA (thus no smog required) and mx insurance as liability ins. So at this point not sure why folks go the South Dakota route if they are able to just pay the CA fees. Are South Dakota renewal fees less expensive? I paid $147usd for CA dmv reg renewal. Also, a bare bones CA liability insurance quote from Wawanesa was $147 per year but as stated previously I did not purchase it as it seems at this point it wasn't needed. By the way is $147 a fair price for minimum CA liability insurance in case I do need to buy this in the future?

Oh one more thing, I cancelled my CA insurance on this vehicle that is in Baja several months ago and still received my renewal notice but it did request I provide proof of liability insurance. So using deductive reasoning I assume they received the electronic communication from my CA insurance company of the cancellation but did not invalidate my registration but did require proof of liab ins for new tags.

Hope this info helps.

pacside

Salsa - 8-6-2010 at 09:06 PM

Quote:

Originally posted by bajalou
It's really pretty clear to me at least - I quote

"When the registered owner's mailing address is in a biennial inspection area but the vehicle is garaged outside the biennial inspection area, a smog certificate MUST BE submitted for renewal"

If you want to have a San Diego mailing address, you need to get the smog cert.

If you change to a Mulege mailing address, they won't mail the renewal card to you so you just have to keep up on when to do it yourself.

Of course with all this, you must keep your Calif. insurance or they will cancel the registration.

It appears to me that the above section refers to Vehicles located IN Kalifornia. The section referred by danaeb specifically says Vehicles located OUT OF Kalifornia.

Don

MitchMan - 8-8-2010 at 01:48 PM

INSURANCE REQUIREMENT, Calif DMV Vehicle registration renewal Code Section 10.050:
Using only your Mexican auto policy to meet the DMV financial responsibility requirement - The policy must be a current Mexican RESIDENT auto policy and you must be a Mexican resident in fact. For evidence of said Mexican residency, you must already have a current DMV record on file showing a residence address in Mexico OR you will need to submit your renewal together with your change to an address in Mexico evidenced by a completed Statement of Facts (REG 256) certifying that you are a resident of Mexico. The key point here is that 1)the Mexican auto policy must be LABELED as a Mexican resident auto policy or 2) the policy must state the restriction that the policy is only valid for coverage of Mexican residents.

SMOG CERTIFICATION Requirement pursuant to Code Section 10.060 Calif DMV. A smog certification is NOT required when a vehicle is located outside of California so long as you (as the registered owner) submit an assertion that the vehicle is located out of state via 1)a completed Statement of Facts (REG 256) or 2) a letter of explanation to that effect. This exemption does not apply if the registered owner’s residence or mailing address or the address where the vehicle is garaged is in TJ, Tecate, orcertain other US cities.

Seems straight forward and cut and dry to me.

[Edited on 8-8-2010 by MitchMan]

Bob and Susan - 8-8-2010 at 04:14 PM

mitch
where did you get your info?

AAA is wrong and it could "bite you in the butt" later

here is the "statement of facts" the DMV used in california

256.jpg - 49kB

bajaguy - 8-8-2010 at 04:33 PM

Biennial Smog Inspection Program
(CVC §4000.3 and H&SC 44011)

A smog certification is not required when a vehicle is located outside of California.

•The registered owner must complete a Statement of Facts (REG 256) orsubmit a letter explaining that the vehicle is located out of state.

•The exemption for vehicles located outside of California does not apply if the residence or mailing address of the registered owner/lessee or the address where the vehicle is garaged is in any of the following cities:

Original Smog Certification within One Year
Motive Power Corrections
Vehicles Located outside California

Nevada:

•Carson City
•Centerville
•Crystal Bay
•Gardnerville
•Genoa
•Glenbrook
•Incline Village
•Minden
•Reno
•Sparks
•Stateline
•Stewart
•Washoe City
•Verdi
•Zephyr Cove

Mexico:

•Tecate
•Tijuana
•Tijuana Baja CA

Bob and Susan - 8-8-2010 at 05:01 PM

looked the codes up

guess i'm wrong...again :saint:

durrelllrobert - 8-9-2010 at 10:17 AM

What's the difference between Tijuana and Tijuana BC :?:

UPDATED: CA Smog Exemption - I got my tags!

danaeb - 8-22-2010 at 04:23 PM

Quote:

Originally posted by danaeb
Last year when my smog test was due, I went to AAA, filled out form 256 and was out the door with my tags in 5 minutes. This year, AAA gave me a hard time because the car is in Mexico and according to their interpretation, wouldn't qualify for the exemption.

I know from posts on Nomads and other Baja boards that there is specific language in the vehicle code regarding exemptions for out-of-state vehicles.

For the last week, I've scoured the internet looking for the specific section of the Vehicle Code. Eureka! I found it!

Here's the online link. Scroll to page 12, code section 10.60.

http://www.dmv.ca.gov/pubs/reg_hdbk_pdf/ch10_RENEWALS.pdf

The language is black and white. If the vehicle is out of state, except for specific cities in Nevada and Mexico, the vehicle is exempt. I just submitted the paperwork today. Let's see what happens.....

It worked!

I don't know if it made a difference that I sent the renewal to Sacramento instead of going to a local office. I sent Form 256 stating that the car is garaged in La Paz BCS and a photocopy of the online manual page(link above) that references out-of state vehicles.

Hope this helps others with CA cars in Baja.

Dana

MitchMan - 8-22-2010 at 05:24 PM

Bottom lne: You can get valid California DMV registration for your vehicle without getting the vehicle smogged and without having a Calif auto policy if you are a Calfornian and your vehicle is located in Baja and you have a current Mexican resident auto policy on that vehicle and you have no presence in those certain few locations cited in the DMV code section 10.60.

slimshady - 8-23-2010 at 09:35 AM

Sounds pretty clear with those that read it. However you are dealing with bozos at the DMV and AAA who don't even really know their job. I would just take a copy of something with your name and mexican address and the renewal publication listed above. Show them they are jacked up.

wessongroup - 9-5-2010 at 09:34 PM

One can fill out the form online... print it out and then send it... from where ever...

this of course is for California...

http://www.dmv.ca.gov/forms/reg/reg256.pdf

and is not all that hard.... thanks to Bajaguy

[Edited on 9-6-2010 by wessongroup]

rto - 9-21-2010 at 07:54 AM

On the Statement of Facts form 256 where it states-
"It is located outside of the state of California" but then states "Exemption: Nevada and Mexico".
I assume (hopefully) that their intention means that a vehicle in Mex is only exempt if it is not located in Tijuana or Tecate. And therefore anywhere else in Mexico maintains the exemption (?)

wessongroup - 9-21-2010 at 10:15 AM

Quote:

Originally posted by rto
On the Statement of Facts form 256 where it states-
"It is located outside of the state of California" but then states "Exemption: Nevada and Mexico".
I assume (hopefully) that their intention means that a vehicle in Mex is only exempt if it is not located in Tijuana or Tecate. And therefore anywhere else in Mexico maintains the exemption (?)

You are correct... Bajaguy posted all locations were the exemption would not be given... check back a few posts...

gnukid - 9-21-2010 at 10:17 AM

page 12

BajaWarrior - 9-22-2010 at 04:19 AM

The exemption for Diesel no longer applies for California as I had to smog my '06 F350 this past summer.

Quote:

Originally posted by Bob and Susan
mitch
where did you get your info?

AAA is wrong and it could "bite you in the butt" later

here is the "statement of facts" the DMV used in california

Bob and Susan - 9-22-2010 at 07:26 AM

i talked to someone about diesel smog

they aren't prepared this year

as long as everything is correct you're goo to go

but you do need to test

Marinero - 9-22-2010 at 01:44 PM

Thanks danaeb. I have been successful by using the letter writing technique discussed from time to time. However, glad to have the cite to the Cal VCode. I have shared it on the East Cape BPE.

Bill Barbour