Jurris.COM
Section 43012 Of Chapter 1. General Provisions From California Health And Safety Code >> Division 26. >> Part 5. >> Chapter 1.
43012
. (a) For the purpose of enforcing or administering any
federal, state, or local law, order, regulation, or rule relating to
vehicular sources of emissions, the executive officer of the state
board or an authorized representative of the executive officer, or a
representative of the department, upon presentation of credentials
or, if necessary under the circumstances, after obtaining an
inspection warrant pursuant to Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure, has the right of
entry to any premises owned, operated, used, leased, or rented by any
new or used car dealer, as defined in Sections 285, 286, and 426 of
the Vehicle Code, for the purpose of inspecting any vehicle for which
emissions standards have been enacted or adopted or for which
emissions equipment is required and which is situated on the premises
for the purpose of emission-related maintenance, repair, or service,
or for the purpose of sale, lease, or rental, whether or not the
vehicle is owned by the dealer. The inspection may extend to all
emission-related parts and operations of the vehicle, and may require
the on-premises operation of an engine or vehicle, the on-premises
securing of samples of emissions from the vehicle, and the inspection
of any records which relate to vehicular emissions required by the
Environmental Protection Agency or by any state or local law, order,
regulation, or rule to be maintained by the dealer in connection with
the dealer's business.
(b) The right of entry for inspection under this section is limited to the hours during which the dealer is open to the public, except when the entry is made pursuant to warrant or whenever the executive officer or an authorized representative, or a representative of the department, has reasonable cause to believe that a violation of any federal, state, or local law, order, regulation, or rule has been committed in his or her presence. No vehicle shall be inspected pursuant to this section more than one time without an inspection warrant or without reasonable cause unless the vehicle undergoes a change of ownership or the inspection reveals that the vehicle has failed to comply with required emissions standards or equipment, in which case one additional inspection may be made to verify the violation or to verify that the violation has been corrected.
(c) With respect to vehicles not owned by the dealer, the state board or the department may not prosecute, without the owner's knowledge or consent, any violation by the owner of any law pertaining to vehicular emissions unless prior notice of the inspection has been given to the owner.
(d) If the executive officer or authorized representative, or a representative of the department, upon inspection, finds that a used motor vehicle fails to comply with applicable emissions standards or equipment, the state board or the department shall issue a notice to correct and enter the appropriate vehicle information into the centralized computer data base created pursuant to Section 44037.1. Until all violations in the notice have been corrected and the dealer has sent proof of correction by certified mail to the state board or the department, whichever issued the notice, the motor vehicle shall prominently display the following disclosure affixed to the windshield in at least 18-point type: NOT FOR SALE THIS VEHICLE IS PRESENTLY NOT IN COMPLIANCE WITH THE CALIFORNIA VEHICLE POLLUTION CONTROL LAWS AND MAY NOT BE SOLD UNTIL A VALID CERTIFICATE OF COMPLIANCE HAS BEEN ISSUED.
(b) The right of entry for inspection under this section is limited to the hours during which the dealer is open to the public, except when the entry is made pursuant to warrant or whenever the executive officer or an authorized representative, or a representative of the department, has reasonable cause to believe that a violation of any federal, state, or local law, order, regulation, or rule has been committed in his or her presence. No vehicle shall be inspected pursuant to this section more than one time without an inspection warrant or without reasonable cause unless the vehicle undergoes a change of ownership or the inspection reveals that the vehicle has failed to comply with required emissions standards or equipment, in which case one additional inspection may be made to verify the violation or to verify that the violation has been corrected.
(c) With respect to vehicles not owned by the dealer, the state board or the department may not prosecute, without the owner's knowledge or consent, any violation by the owner of any law pertaining to vehicular emissions unless prior notice of the inspection has been given to the owner.
(d) If the executive officer or authorized representative, or a representative of the department, upon inspection, finds that a used motor vehicle fails to comply with applicable emissions standards or equipment, the state board or the department shall issue a notice to correct and enter the appropriate vehicle information into the centralized computer data base created pursuant to Section 44037.1. Until all violations in the notice have been corrected and the dealer has sent proof of correction by certified mail to the state board or the department, whichever issued the notice, the motor vehicle shall prominently display the following disclosure affixed to the windshield in at least 18-point type: NOT FOR SALE THIS VEHICLE IS PRESENTLY NOT IN COMPLIANCE WITH THE CALIFORNIA VEHICLE POLLUTION CONTROL LAWS AND MAY NOT BE SOLD UNTIL A VALID CERTIFICATE OF COMPLIANCE HAS BEEN ISSUED.
