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Author: Subject: CA Smog Exemption - I found the vehicle code
MitchMan
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[*] posted on 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]
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Bob and Susan
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[*] posted on 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




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bajaguy
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[*] posted on 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




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Bob and Susan
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[*] posted on 8-8-2010 at 05:01 PM


looked the codes up

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




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durrelllrobert
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[*] posted on 8-9-2010 at 10:17 AM


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



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[*] posted on 8-22-2010 at 04:23 PM
UPDATED: CA Smog Exemption - I got my tags!


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




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MitchMan
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[*] posted on 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.
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[*] posted on 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.
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[*] posted on 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]




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rto
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[*] posted on 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 (?)
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[*] posted on 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...




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[*] posted on 9-21-2010 at 10:17 AM


page 12
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BajaWarrior
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[*] posted on 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




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Bob and Susan
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[*] posted on 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




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[*] posted on 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




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