Proposal to Ease Smog Checks for Classic Cars

A bill dubbed “Leno’s Law,” officially Senate Bill 712, has been introduced in the California State Legislature to revise the state’s smog check requirements for classic vehicles. Sponsored by prominent car enthusiast and former “Tonight Show” host Jay Leno, the legislation seeks to fully exempt collector motor vehicles at least 35 model years or older from the biennial smog check program without needing to be insured as collector vehicles which typically will require the car to be stored in a dedicated garage.

Introduced by Senator Shannon Grove, Leno’s Law aims to update current regulations that proponents argue impose unnecessary and burdensome smog check requirements on classic vehicles. The bill’s supporters believe this change will ensure these vehicles remain celebrated in California’s culture and economy.

The proposal alters Section 44011 of the Health and Safety Code, which outlines the motor vehicles required to undergo biennial smog checks. SB 712 seeks to amend this section to include a full exemption for collector vehicles meeting the specified criteria.

Additionally, Section 4000.1 of the Vehicle Code, concerning requirements upon initial registration and transfer of ownership, would also be affected to reflect this new exemption.

The momentum behind Leno’s Law stems from issues facing California’s classic car owners and smog check stations. According to Mike Frankovich, in a YouTube video discussing the bill, the increasing difficulty for owners of pre-OBD2 (On-Board Diagnostics II) vehicles to find smog stations willing and able to test their cars is a significant concern.

Smog stations are required to rent and maintain obsolete pre-OBD2 testing equipment. As the number of these older vehicles dwindles, the cost of maintaining this equipment falls on fewer tests, leading to rising prices and reluctance from station owners to conduct these lengthier tests.

Unlike modern OBD2-equipped cars that can be quickly checked by plugging into a diagnostic port, older vehicles often require more time-consuming dynamometer and EVAP (evaporative emissions) tests.

Senator Grove emphasized California’s rich automotive heritage and the cultural ties these “rolling pieces of history” have within communities. She also noted the economic support of the aftermarket parts industry for these classic vehicles, which supports thousands of jobs.

Grove stated that the current law is driving some collectors and related businesses out of the state due to these burdensome restrictions.

Jay Leno, a frequent collector with an estimated 180 cars and 160 motorcycles, has lent his prominent name and support as the official sponsor of SB 712. Leno highlighted California’s historical significance in shaping car culture, fueled by the post-war hot rod boom and Hollywood’s influence.

“From the start, California has been a driving force in shaping car culture, with deep ties to classic cars and a global reputation as a hub for these timeless machines,” said Jay Leno in the bill’s press release.

He argued that California’s smog check laws for classic cars are inconsistent with those of neighboring states and do not align with the limited use of these vehicles, which are primarily driven for special occasions, weekend outings and car shows.

Currently, California law provides some exemptions from biennial smog checks. All motorcycles, certain new vehicles and vehicles manufactured before the 1976 model year are exempt.

Proponents anticipate several positive economic impacts from the passage of Leno’s Law. California’s specialty automotive aftermarket industry is a significant economic driver, generating billions annually and supporting numerous jobs.

According to the press release, this industry contributes $40.44 billion in economic impact to the state, supporting 149,000 jobs, $13.47 billion in total wages and benefits and $6.16 billion in taxes paid. Easing the burden of smog checks on classic car owners encourages the preservation and enjoyment of these vehicles while supporting the restoration, maintenance and aftermarket parts sectors.

Frankovich also suggested that this could spur growth in the classic car insurance market, potentially creating new business opportunities.

Specialty Equipment Market Association (SEMA), representing the $52 billion specialty automotive aftermarket industry, supports SB 712. SEMA is a trade association based in Diamond Bar, comprising approximately 7,000 small businesses nationwide, including over 1,000 in California, that manufacture, market and sell specialty automotive aftermarket products.

Mike Spagnola, president and CEO of SEMA, stated that the bill offers a practical solution for collector vehicle owners, enabling them to pursue their passion without unnecessary regulatory burdens.

SEMA emphasizes that these vehicles are infrequently driven, meticulously cared for and constitute a small fraction of the total cars on the road. The association believes that exempting these historical treasures from smog checks will ensure their preservation for future generations.

The bill is set to be heard on April 8.

For any inquiries or further information, please contact Jose Cervantes at JoseC.Press@pm.me.