Section 44020 Of Article 2. Program Requirements From California Health And Safety Code >> Division 26. >> Part 5. >> Chapter 5. >> Article 2.
44020
. Notwithstanding any other provision of this chapter, the
department may license any registered owner of a fleet of 10 or more
motor vehicles subject to this chapter, who so elects, to implement
and conduct the tests and to perform necessary service and adjustment
on the fleet's vehicles under this chapter, subject to all of the
following conditions:
(a) The registered owner's facilities or personnel, or both, or a
designated contractor of the registered owner, shall be licensed by
the department as a fleet smog check station, and the test and repair
system shall conform, in the department's determination, with all
provisions of this chapter and all rules and regulations adopted by
the department. The regulations shall provide for adequate onsite
inspection by the department. Mobile testing equipment certified by
the department may be used in accordance with procedures established
by the department. The department may prohibit the use of mobile
testing equipment if violations occur.
(b) A license issued under this section is subject to Sections
44035, 44050, and 44072.10, and may be suspended or revoked by the
department whenever the department determines, on the basis of random
periodic spot checks of the owner's inspection system and fleet
vehicles, that the system fails to conform or that certificates of
compliance have been issued by the owner in violation of regulations
adopted by the department. Any person licensed to conduct tests and
service and adjustments under this section is deemed to have
consented to provide the department with whatever access,
information, and other cooperation the department reasonably
determines are necessary to facilitate the random periodic spot
checks.
(c) The department or its contractor, on a random periodic basis,
shall inspect or observe the inspections performed by licensed fleet
smog check stations on not less than 2 percent of the total business
fleet vehicles subject to this chapter.
(d) A fleet owner licensed to conduct tests or make repairs
pursuant to this chapter shall issue certificates of compliance for
motor vehicles. The cost limits in Section 44017 and the economic
hardship extension provisions in this chapter shall not apply to any
motor vehicle owned by a fleet owner licensed pursuant to this
section.
(e) Notwithstanding subdivision (d), certificates of compliance or
noncompliance prepared solely for the disposal or sale of motor
vehicles owned by a fleet owner licensed pursuant to this section
shall be subject to the cost limits in Section 44017.
(f) The department shall establish initial and renewal license
fees, which shall not exceed the reasonable costs of administering
this section.
(g) Notwithstanding any other provision of this section, fleets
consisting of vehicles for hire or vehicles which accumulate high
mileage, as defined by the department, shall go to a test-only
station when a smog check certificate of compliance is required.
Initially, high mileage vehicles shall be defined as vehicles which
accumulate 50,000 miles or more each year. In addition, fleets which
do not operate high mileage vehicles may be required to obtain
certificates of compliance from the test-only station if they fail to
comply with this chapter.
(h) Notwithstanding any other provision of this chapter, the
department shall have the authority, by regulation, to require
testing of vehicle fleets consistent with regulations adopted by the
Environmental Protection Agency, if necessary to meet the emission
reduction performance standard established by the agency, as
determined by the department.