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Update on Ca V8 swap approval by Orville
Started on: 03-24-2003 06:52 PM
Replies: 58
Last post by: cyrus88 on 06-28-2003 06:00 PM
Orville
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Report this Post03-24-2003 06:52 PM Click Here to See the Profile for OrvilleSend a Private Message to OrvilleDirect Link to This Post
As some of you know, I recently swapped an ls1
from a '98 transam into my '87 fiero. Since my
next smog check is scheduled in about a month, I made an appointment with the carb referee in town. He looked at the swap and said he had to consult with his superiors and would call me to let me know their decision. He did and said the swap was failed because the ls1 had never been offered in a donor car in a transverse configuration. To pass I would need the 6 spd longitudinal transmission as well as the entire exhaust system from manifolds to tail pipe exactly as it was on the transam.

This means that the only V8 swap that might
pass in California is the northstar with stock
automatic transmission.

If any Ca guys have questions about this, the
number of the carb region manager is
1 559 271-7051.

Orville


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Songman
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Report this Post03-24-2003 07:13 PM Click Here to See the Profile for SongmanSend a Private Message to SongmanDirect Link to This Post
Hey Orville, I hear that Tehachapi doesn't require smog. Do you know anyone over there?

I'd love to see your swap. Let me know if you have some time to show off!

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TK
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Report this Post03-24-2003 08:07 PM Click Here to See the Profile for TKSend a Private Message to TKDirect Link to This Post
Call BAR directly. When I was talking with them, that's one question I specificially asked. While I haven't done that swap (used a transverse vs longitudinal engine), I was told it was OK as long as the engine was available in California on a manual transmission. Straight or sideways didn't matter. Using a Getrag over a BW or ZF, or whatever didn't matter.

I'd push back on BAR directly. Don't go through a station. Go directly to BAR and see if they will reconsider. If they agree, get the person's name and number and then have them call the station we will be going to. Don't call the region, call the main office in Sacramento.

I think this is certainly a gray area but I think they should accept it. Just be nice and talk through it. Nowhere did I (or the guy I was talking with) find a rule that said that was not allowed.

Of course, those with the gold.......

[This message has been edited by TK (edited 03-24-2003).]

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Orville
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Report this Post03-24-2003 08:33 PM Click Here to See the Profile for OrvilleSend a Private Message to OrvilleDirect Link to This Post
Hi songman
I know your in town and I'd like to meet you.
When you have time call me at 831-2193.

Terry
Yes I'd like to pursue this futher and your
idea of going to bar is a good idea. I think
that bar is nominally in charge of the carb
ref's but I'm not sure how much influence
they have. I've met the local bar office
manager and he's a super nice guy. Worth a try.
I'll let you know what happens.

Orville

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TK
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Report this Post03-24-2003 09:44 PM Click Here to See the Profile for TKSend a Private Message to TKDirect Link to This Post
I talk to BAR in Sac first and everyone else last. They are actually good folks and are usually interesting in hearing about the swaps.

When BAR talks, the regions have to listen. Also, you can always try another region but call BAR directly and go over it with them first. Tell them you did all of the research you could and you believe the transverse is acceptable. Be nice and ask for their help.
Please love to help. They don't like to be bitched at.

The LS1 swap is certainly a gray area and I hope you get it blessed. Sometimes you don't win though.

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Kameo Kid
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Report this Post03-24-2003 09:59 PM Click Here to See the Profile for Kameo KidSend a Private Message to Kameo KidDirect Link to This Post
Now I'll be the first to admit that I don't know your laws out west in the land of sunshine but, what if you had used a brand new crate motor that was never in a car? I thought that the deal in most states was that the motor had to be newer than the car it was going into, and if it was out of some car it had to pass the emissions for that car not yours.? Your car wasn't designed to have the motor in there any other way but sideways so how can they tell you that it has to be mounted front to back??

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mcaanda
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Report this Post03-25-2003 12:21 AM Click Here to See the Profile for mcaandaSend a Private Message to mcaandaDirect Link to This Post
Funny that you should bring this topic up. I too was also talking to the local CARB Ref here at COS, and he actually had a lot to say. He said that you have just a few rules that you need to abide by. Now I was there for about an hour, and I'm sure that I'm missing a point or two, but here is the “jist” of what was said:

#1 was that you need to keep the cars stock configuration. IE: If the donor car was offered w/ a manual transmission, you can place it into a manual car. If there was no option for an M5, then you need to look into an Auto. I asked about the 3800 Ser. I SC, and was told that to get a CARB cert, I was going to look at an auto install w/ it, being that from what I know, there was no optioned car that had a manual w/ that engine.

#2 was that you are going to have to make sure that you are going to have to use the stock exhaust from the Fiero, OR, you can use the stock exhaust from the donor car. Now here is where it gets ugly. You have to use the donor cars exhaust manifolds, up until the tail end of the cat converters. After the cat, you are fine.

#3. They are going to run a scanner on the car, and say that you have an LS1 in there, and they are going to be programmed w/ the ABS and all kinds of gizmos. Because there is no option for the ABS on a Fiero, short of you stomping your foot on the pedal over and over again, he stated that this is going to make you pull a code, and you are going to fail, because you do not meet the standards that are set by rule #1. < Stock configuration, which includes all PCM operations. > He stated that he thought that it was BS, but that is what they are mandated by the higher ups.
( FYI: you might be able, well I know that you can, get around the LS1 codes w/ LS1 Edit. )

#4. You need to ensure that the donor car is the same yr, or newer than the car that you are putting it into.

When I was talking to him, he said that there was only one OBD II car that he has ever certified, and that if I was going to do a swap, that I should look into a brain dead OBD I, as they are easier to deal w/ and there is a lot less that they are monitoring when compared to the OBD II.

So, I have decided that there is just going to have to be one vehicle in my driveway that is going to have super low emissions, < all the new engines do anyhow > and that it’s NOT going to have CA plates on her. As soon as CA pulls their heads out of the sand, they are going to realize that there are a lot of transplants that are out there that are putting out LESS emissions than the original engines that were placed into the frames of the Fiero’s. They are just in the dark and refuse to come out into the light.

As for what the others stated, I’d agree 100%. I’d call the guys at the top, and talk to them there. I spoke w/ a guy there about 2 weeks ago, and he was more than happy to answer any and all of my questions. He also said that if there were any refs that were hassling you over something that was not specifically stated in their handbook, that I was to give a call, because the motor swap shouldn’t be that difficult if I was to follow their guidelines.
< Whew, enough of my personal novel!! > Good Luck and keep me posted as to what they say about it all when you call.

--Mcaanda

------------------
** 86-88 GT comming to a driveway near me **

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TK
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Report this Post03-25-2003 01:01 AM Click Here to See the Profile for TKSend a Private Message to TKDirect Link to This Post
There is some push in the legislature to go to rolling 20/25 year cutoff and tail-pipe pass on older cars. I'm not holding my breath but they are looking into it. They already waive testing on new cars for the first several years. That's as broad an assumption as tailpipe testing.

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rogergarrison
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Report this Post03-25-2003 01:03 AM Click Here to See the Profile for rogergarrisonSend a Private Message to rogergarrisonDirect Link to This Post
sheesh. Yet another reason to stay away from the west coast . I got out of the limo business because the city officials were trying all kinds of ways to wring cash out of limo owners. One was tring to force a CITY Limo Drivers License which was found illegal by state law anyway.
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Seanpaul
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Report this Post03-25-2003 07:11 AM Click Here to See the Profile for SeanpaulSend a Private Message to SeanpaulDirect Link to This Post
**** I wish California would tax pot, hookers, ohh yea, and gamboling, and leave us poor bastards alone....
This state is so ridiculous for anyone driving anything less than a BMW or a Lexis...
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TK
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Report this Post03-25-2003 10:21 AM Click Here to See the Profile for TKSend a Private Message to TKDirect Link to This Post
Sounds like it's working.
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Orville
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Report this Post03-25-2003 11:01 AM Click Here to See the Profile for OrvilleSend a Private Message to OrvilleDirect Link to This Post
Thanks for the replies.
Some observations:
The car will pass smog which, while necessary, is just incidental.
It's impossible, of course, to use the stock manifold to end of
cat configuration. I placed the two stock cats closer to the
manifolds than the stock locations but, even though that's a
better location for emissions, it still wouldn't pass.
The pcm is stock and can be satisfactorily scanned for all
emission functions.
Another sticking point is the skip shift function present in all
6 spd California f body cars. It can't be implemented in the
transaxle and will therefore also fail the swap.
When you live in this insane wonderland that is California,
you soon learn that it's useless to try to discuss anything with
the "Red Queens" and "Mad Hatters" in charge the asylum.
But still I'm going to go a bit further. Today I have a DMV
appointment to try to get a "specially constructed vehicle"
designation which would let me choose the year for the test
as '87 or perhaps as pre '60 (no test). I'm not holding my
breath, though.
I truly appreciate your interest and advice and I'll let you
know what happens.

Orville

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Songman
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Report this Post03-25-2003 12:14 PM Click Here to See the Profile for SongmanSend a Private Message to SongmanDirect Link to This Post
Now you know why my car still carried TN plates and I have a TN driver's license... and no intention of changing either. This state is ridiculous for that stuff.

Did ya'll here about the state of CA recalling ALL gas cans and putting these new cans out with the short little spout that stops spills and vapors... nevermind that they are too short to reach the gas fill hole on the car!

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Report this Post03-25-2003 12:29 PM Click Here to See the Profile for fierobearSend a Private Message to fierobearDirect Link to This Post
There is a new bit of insanity. They are talking about requiring ALL cars back to, I believe, 1956, to have an EGR system *added* to the car! Can you imagine? You have a '56 Chevy, and not only are you suddenly required to pass smog, you have to add equipment that to an engine that was never designed with emissions in mind.
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Songman
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Report this Post03-25-2003 12:43 PM Click Here to See the Profile for SongmanSend a Private Message to SongmanDirect Link to This Post
Looks like the people of CA need to start talking to their Congressman. Seriously, in all states, they'll be crushing anything before 1990 if we don't stop them...
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cire36
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Report this Post03-25-2003 12:51 PM Click Here to See the Profile for cire36Send a Private Message to cire36Direct Link to This Post
I started my V8 swap about 5 years ago when I lived in Sac. I called the ref's and asked them about doing this and this what I was told:

1. The motor being swapped must be of the same year or newer than the vehicale it is going into.

2. All smog equipment must be the same on new motor as what came on your swap into vehical.

3. All smog equipment must work.

4. Vehical will need to be inspected by referees for initial inspection. Once passed, vehical will be tag as follows (using my car as an example):

This vehicle is an 85 Fiero SE but must be smogged an an 88 Z-28.

There was no mention from the ref's about the two vehicale having the same kind of transmission, exhaust or anything like that. All that was mentioned was about the smog equipment. I now live in Michigan, but plan on moving back to Cali so my vehical will be smog legal while I am here. I bought a 305 w TPI from an 88 Z-28 (because of cost). The only thing smog wise that that engin has that my car did not have was a smog pump and that will be getting installed even though I dont have to.

I would definately call the ref's them selfs and tell them exactly what you are trying to do, what equipment you have ect. If Kit cars can do it, why cant we? Mabey registration as a kit car is the way to go?

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Report this Post03-25-2003 01:44 PM Click Here to See the Profile for RaydarSend a Private Message to RaydarDirect Link to This Post
 
quote
Originally posted by Songman:

Looks like the people of CA need to start talking to their Congressman. Seriously, in all states, they'll be crushing anything before 1990 if we don't stop them...

From everything I've ever heard, California won't be happy until every vehicle out there is electric powered, or some such silliness. They're just going to make it so difficult to own an internal combustion powered vehicle that everyone will junk them or move away.
Just MHO, of course.

------------------
Raydar

------------------
Phuk Phrance! ...until I'm told to change it.

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Sleeper
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Report this Post03-25-2003 08:09 PM Click Here to See the Profile for SleeperSend a Private Message to SleeperDirect Link to This Post
Orville,
you just have to keep going to DIFFERANT referees. it might take you 150 miles from Bakersfield but once one of them pass you, its legit. theres a guy who had WCF swap a 3800 s/c in his fiero last year and he just got it passed about a month ago with WCF headers on it and supposedly he got WCF headers a "carb #" so they are legit now. back to the point, he went to so many referees its not even funny, you just get lucky, it only takes one ref to pass it and you are set.

------------------
85 GT 3800S/C -- WCF Special Tuning involved

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fierobear
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Report this Post03-25-2003 08:23 PM Click Here to See the Profile for fierobearSend a Private Message to fierobearDirect Link to This Post
 
quote
Originally posted by Songman:

Looks like the people of CA need to start talking to their Congressman. Seriously, in all states, they'll be crushing anything before 1990 if we don't stop them...


BINGO! Now you're catching on.

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LS1swap
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Report this Post03-26-2003 06:08 PM Click Here to See the Profile for LS1swapClick Here to visit LS1swap's HomePageSend a Private Message to LS1swapDirect Link to This Post
That is B.S. Orville..... They would rather you have the old 2.8 rather than the Low_E LS1. I know it is not the case, but I don't understand why they don't just use a tail pipe test..... That is really what is important. How often do you have to report for testing???? Could you slap the v6 back in. Get it tested then swap it back. I had my engine in and out so many times during test fittings that I can do it in less than a day now.

We don't have testing in my town yet, but they do the next one closer to Chicago. But they just do the tail pipe test. A friend of mine told me they didn't even open the hood on his ( which I found hard to believe because I thought they were supposed to look for fluid leaks)

If I do have to get tested I hope I pass, but if not I plan to register it up at my place near the WI. Dells. If that doesn't work I guess I will put the V6 back in for testing.

------------------
LS1 v8 T-Top 87 GT

http://ls1swap.tripod.com/

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tdaniely
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Report this Post03-28-2003 10:35 PM Click Here to See the Profile for tdanielyClick Here to visit tdaniely's HomePageSend a Private Message to tdanielyDirect Link to This Post
God...I am so glad I don't have to deal with Californi'a crap.

Any before we start the famous PFF arguing, DON'T FLAME on me....

Yes I know....everyone who does't care about emissions is harming the enviroment...blah blah yada yada.

I'll be dead by then anyway, so who cares ?

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Report this Post03-28-2003 10:41 PM Click Here to See the Profile for TKSend a Private Message to TKDirect Link to This Post
 
quote
Originally posted by tdaniely:

God...I am so glad I don't have to deal with Californi'a crap.

Any before we start the famous PFF arguing, DON'T FLAME on me....

Yes I know....everyone who does't care about emissions is harming the enviroment...blah blah yada yada.

I'll be dead by then anyway, so who cares ?

None of us are happy we have to deal with it, we just do, so we do. It doesn't take much effort. Take that!

[This message has been edited by TK (edited 03-28-2003).]

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Rickady88GT
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Report this Post03-28-2003 11:21 PM Click Here to See the Profile for Rickady88GTSend a Private Message to Rickady88GTDirect Link to This Post
About two years ago I got my 3100 SFI conversion certified with no prob. But it is only a 94, not OBDII. The next one I will try is an OBDII 3.5 Twin Cam. I went out of my way to get everything that may be needed to get the 3.5 passed in the donor car and put it in my 88. I am even thinking of using the antilock moduel to fool the ECM into thinking everything is A-OK, but not linking it to the brake system.
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FastIndyFiero
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Report this Post03-29-2003 03:06 AM Click Here to See the Profile for FastIndyFieroClick Here to visit FastIndyFiero's HomePageSend a Private Message to FastIndyFieroDirect Link to This Post
I love Kansas.

------------------

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Report this Post03-29-2003 06:00 PM Click Here to See the Profile for TKSend a Private Message to TKDirect Link to This Post
 
quote
Originally posted by FastIndyFiero:

I love Kansas.

Try Liberal.

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cchris0411
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Report this Post03-30-2003 05:48 AM Click Here to See the Profile for cchris0411Send a Private Message to cchris0411Direct Link to This Post
Hey guys, I live in LA and am going through the smog deal.
The details are pretty much the same..

What I can not believe reading is comments about not caring for the enviroment..
I suggest you grow up or perhaps get out of the "sticks" from time to time.
The larger cities in the US have major air quality problems, which cause a whole range of issues.. How does this afect you boys living in the sticks?? Well guys the wind blows your way and guess who's crap you are breathing..
The rules in larger cities in the US and Canada have been put in place to get crap off the road.. Like most anything the rules do need to be "refined"
I am far from a tree hugger, but one thing I am is a realist..
There is a tomorrow, plan on it, and try to look beyond the end of your nose.
Chris

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mcaanda
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Report this Post04-08-2003 09:27 AM Click Here to See the Profile for mcaandaSend a Private Message to mcaandaDirect Link to This Post
How did things happen to turn out?

***Hoping that CARB pulled their heads out their "***" and Ls1 swaps become the norm***

------------------

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Orville
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Report this Post04-08-2003 08:18 PM Click Here to See the Profile for OrvilleSend a Private Message to OrvilleDirect Link to This Post
I should have some more news in about a week.
I'm gotten my car classified as a "specially
constructed vehicle" (spcns) under Ca SB100.
As this law is written, I might have a chance.
I'll post again when I find out.

Orville

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RDosdorian
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Report this Post04-08-2003 10:06 PM Click Here to See the Profile for RDosdorianSend a Private Message to RDosdorianDirect Link to This Post
 
quote
Originally posted by cchris0411:


What I can not believe reading is comments about not caring for the enviroment..
I suggest you grow up or perhaps get out of the "sticks" from time to time.
Chris

Chris,

I think you might be missing the point some of US are trying to make.

I too have an LT1 conversion. I too live in California. I took mine to the SMOG REF trying to do things the legal way. What really pi$$ed me off was my car passed the smog test (on the dyno), but it did not pass visual. This is complete BS. If this State (and country) for that matter is so worried about smog polution, why do they care about the VISUAL if the car passes the actual sensor up the tail pipe test?

I don't know about the other cars on this board, but my LT1 runs cleaner than the 2.8 that was removed from the car.

So, it's not that we don't care about the environment. Most of us do. The point is (in my opinion) most of the idiot polititions don't care either. If they did, they wouldn't have a visual inspection when the car runs clean.

And...for your info, cars in the United States produce less than 1/2 of 1% of the polution in this Country combined. Also, if they really cared, they would not have things like "SMOG CREDITS" for big companies. The main issue here is car owners do not take the time, nor do we want to put out the money to fight the state on this smog issue. The state will always mess with the little guy (car owner) because lets face it...They can!

- Ray

[This message has been edited by RDosdorian (edited 04-08-2003).]

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West Coast Fiero
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Report this Post04-08-2003 10:25 PM Click Here to See the Profile for West Coast FieroClick Here to visit West Coast Fiero's HomePageSend a Private Message to West Coast FieroDirect Link to This Post
Well said Ray

------------------
( the above was the thoughts, views, and opinions of a disgruntled Fiero mechanic, and do not express or
imply those of West Coast Fiero, Fieros West, or any other organization - just that of this poor
bastard )
:)

Eric Nelson
Technician,
West Coast Fiero
310-305-4111

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88GTNeverfinished
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Report this Post04-09-2003 03:31 PM Click Here to See the Profile for 88GTNeverfinishedSend a Private Message to 88GTNeverfinishedDirect Link to This Post
This is something new, direct from the CA DMV:

Specially Constructed Vehicles- Emission Control

What's New?

Effective January 1, 2003, the first 500 owners to apply for registration of a specially constructed passenger vehicle or pickup truck (as part of any registration transaction-original, renewal, transfer, correction, etc.) may choose whether smog requirements that apply to their vehicles are based on the engine model year or the vehicle model year.

Note: Due to the limited number of SPCNS Certificates of Sequence available, you may wish to submit your application for registration in person at a local DMV office.


--------------------------------------------------------------------------------

As of close of business on Friday, April 4, 2003, 234 of 500 sequence certificates were unassigned and available.

--------------------------------------------------------------------------------

How To Apply for Registration of a Specially Constructed Vehicle

First, verify that your vehicle meets the definition of a specially constructed vehicle according to Vehicle Code Section 580. If your vehicle does not fit the description, this information does not apply.

Vehicle Code

Specially Constructed Vehicle

580. A "specially constructed vehicle" is a vehicle which is built for private use, not for resale, and is not constructed by a licensed manufacturer or remanufacturer. A specially constructed vehicle may be built from (1) a kit; (2) new or used, or a combination of new and used, parts; or (3) a vehicle reported for dismantling, as required by Section 5500 or 11520, which, when reconstructed, does not resemble the original make of the vehicle dismantled. A specially constructed vehicle is not a vehicle which has been repaired or restored to its original design by replacing parts.

Amended Ch. 1286, Stats. 1983. Effective January 1, 1984.

Visit DMV to begin the application process (Make an appointment for faster service).
You may need to contact the California Highway Patrol (CHP) for an appointment to have your vehicle verified.
To contact the Bureau of Automotive Repair (BAR) for an appointment to have your vehicle smog inspection performed by a BAR referee, check BAR's Contact Page.
Note: Have the Vehicle Identification Number (CHP verification) and the SPCNS Certificate of Sequence number available when scheduling your appointment with the BAR Referee.
Resubmit your application to DMV to complete the registration process.
Note: All documents-including the original (or the certified copy) of the SPCNS certificate, vehicle verification, and BAR Referee Datasheet-are part of your registration documentation and must be submitted to DMV to complete the registration process.

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Dave Rodabaugh
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Report this Post04-09-2003 03:36 PM Click Here to See the Profile for Dave RodabaughSend a Private Message to Dave RodabaughDirect Link to This Post
 
quote
Originally posted by cchris0411:

Hey guys, I live in LA and am going through the smog deal.
The details are pretty much the same..

What I can not believe reading is comments about not caring for the enviroment..
I suggest you grow up or perhaps get out of the "sticks" from time to time.
The larger cities in the US have major air quality problems, which cause a whole range of issues.. How does this afect you boys living in the sticks?? Well guys the wind blows your way and guess who's crap you are breathing..
The rules in larger cities in the US and Canada have been put in place to get crap off the road.. Like most anything the rules do need to be "refined"
I am far from a tree hugger, but one thing I am is a realist..
There is a tomorrow, plan on it, and try to look beyond the end of your nose.
Chris

Correction, Chris. MOST of the major cities in this country do NOT have air pollution problems. If you think LA is representative of how life is lived in the vast majority of this country, then you need to get out of the PRK a little more.

Not all of our cities were built in a valley. Granted, Columbus has only 1.5 million in the greater metro area, but we also spend less than half what LA residents do in their cars per day, and very little of that sitting on a freeway spewing emissions at idle.

The LA resident's motto: "I don't trust air I can't see."

Dave

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RDosdorian
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Report this Post04-09-2003 06:23 PM Click Here to See the Profile for RDosdorianSend a Private Message to RDosdorianDirect Link to This Post
 
quote
Originally posted by 88GTNeverfinished:

This is something new, direct from the CA DMV:

Specially Constructed Vehicles- Emission Control

What's New?

Effective January 1, 2003, the first 500 owners to apply for registration of a specially constructed passenger vehicle or pickup truck (as part of any registration transaction-original, renewal, transfer, correction, etc.) may choose whether smog requirements that apply to their vehicles are based on the engine model year or the vehicle model year.


I have a question about this. How does this help us? Most of us that have the problem do not have a problem passing the actual test. The problem lies on the visual side.

So, how would we gain anything by moving from the year of the motor to the year of the car. The cars in question are still to new to make a difference.

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Orville
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Report this Post04-09-2003 07:38 PM Click Here to See the Profile for OrvilleSend a Private Message to OrvilleDirect Link to This Post
Here's a copy of an email I sent to one of the
nice BAR engineers in Sacramento. It's pretty
much self explanatory. pips's not posting
images for me so I'll just leave them out.

Orville

Hello mike,

I'm emailing you to follow up on our conversation of 4/01/03 in which I asked you
some questions about how a "specially constructed vehicle" I have would be
processed by the CARB referee here in Bakersfield. I wanted your opinions
because, while provided for in the law (sb100), it is not a usual procedure.

You doubted the vehicle was or should be designated as a SPCNS because I had
already had it tested as a '87 pontiac fiero. As you noted, I couldn't readily drive
the vehicle to Sacramento to show it you, so I have included some photos to give
you a better idea of its appearance and of the modifications made to it. Also
included are a copy of its spcns registration, a copy of sb100 from the California
Government web site, and a copy of the SEMA newsletter review and analysis of
sb100. I have emphasized by underlining a few key words in the body of sb100.

[copy of spcns regristration here]

spcns registration as issued to me for this vehicle by the DMV and CHP

[photos of car and engine on cradle here]

Although I realize this engine change won't pass your smog test because of its
transverse instead of longitudinal mounting, I must point out that it is a huge
upgrade to the vehicle's emission controls. The change incorporates all the
stock emissions control components from the '98 transam donor car including
the in-tank vapor pressure sensor. All the components function properly, the
MIL is not on, and the stock PCM posts no DTC's. Note also the use of the
stock exhaust manifolds and the placement of the stock catalytic converters
closer than stock position to the manifold for more rapid heating and better
emission control.

BILL NUMBER: SB 100 CHAPTERED

LEGISLATIVE COUNSEL'S DIGEST

SB 100, Johannessen. Emission control: specially constructed
vehicles.
Existing law defines a specially constructed vehicle as a vehicle
that is built for private use, not for resale, and is not constructed
by a licensed manufacturer or remanufacturer, and requires all
specially constructed vehicles to be subject to the emission control
system testing and certification requirements established by the
Department of Consumer Affairs.
This bill would require a passenger vehicle or pickup truck that
is a specially constructed vehicle to be inspected by stations
authorized to perform referee functions, as prescribed, and would
require the Department of Motor Vehicles to provide an initial
registration to no more than the first 500 vehicles that meet the
specified criteria and are presented to the department each year for
registration. Upon completion of the inspection, the referee would
be required to affix a tamper-resistant label to the vehicle and to
issue a certificate that establishes the engine model-year and
emission control system application.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 44017.4 is added to the Health and Safety Code,
to read:
44017.4. (a) Upon initial registration with the Department of
Motor Vehicles, a passenger vehicle or pickup truck that is a
specially constructed vehicle, as defined in Section 580 of the
Vehicle Code, shall be inspected by stations authorized to perform
referee functions. This inspection shall be for the purposes of
determining the engine model-year used in the vehicle or the vehicle
model-year, and the emission control system application. The owner
shall have the option to choose whether the inspection is based on
the engine model-year used in the vehicle or the vehicle model-year.

(1) In determining the engine model-year, the referee shall
compare the engine to engines of the era that the engine most closely
resembles. The referee shall assign the 1960 model-year to the
engine in any specially constructed vehicle that does not
sufficiently resemble a previously manufactured engine. The referee
shall require only those emission control systems that are applicable
to the established engine model-year and that the engine reasonably
accommodates in its present form.
(2) In determining the vehicle model-year, the referee shall
compare the vehicle to vehicles of the era that the vehicle most
closely resembles. The referee shall assign the 1960 model-year to
any specially constructed vehicle that does not sufficiently resemble
a previously manufactured vehicle. The referee shall require only
those emission control systems that are applicable to the established
model-year and that the vehicle reasonably accommodates in its
present form.
(b) Upon the completion of the inspection, the referee shall affix
a tamper-resistant label to the vehicle and issue a certificate that
establishes the engine model-year or the vehicle model-year, and the
emission control system application.
(c) The Department of Motor Vehicles shall annually provide an
initial registration to no more than the first 500 vehicles that meet
the criteria described in subdivision (a) that are presented to that
department for registration.

A "specially constructed vehicle" is defined as "a vehicle
which is built for private use, not for resale, and is not
constructed by a licensed manufacturer or remanufacturer.
A specially constructed vehicle may be built from (1) a
kit; (2) new or used, or a combination of new and used; or
(3) a vehicle reported for dismantling. . . which, when
reconstructed, does not resemble the original make of the
vehicle dismantled. A specially constructed vehicle is not
a vehicle which has been repaired or restored to its
original design by replacing parts." (Vehicle Code Sec.
580)

[copy of Sema's analysis here]


Mike, in our conversation, I understood you to say that even if you and the referee
let me choose '87 (the previous vehicle model year), as the basis for the test, as
provided by sb100, the vehicle would still be failed because it didn't have the stock
engine and emissions gear for that model year. That's illogical because my choice
is between newer engine model year or previous vehicle model year - as can best
be determined. That's a choice, of course, that precludes the presence of the previous
engine and gear.

With due respect, that seems to me, and I'm not a lawyer nor have I spoken with one,
to be a torturous interpretation of sb100's clear intent as it is plainly written.

Mike, as one many law-abiding tax-paying automobile enthusiast/hobbyist citizens of
California, I'm asking you for fair and decent treatment under the law. I, along with
my fellows, are grateful for BAR's and CARB's work in improving California's air
quality. We're on your side, we're not your enemies but we are too often harassed
by your agencies in ways and for things that don't relate at all to improving air quality.

I'm also taking the liberty of sending a copy of this email Pat Dorais and, before I go
further with this, I'd appreciate hearing back from you.

Orville Idema
13604 Gosford Rd.
Bakersfield, Ca 93313
661 831-2193

[This message has been edited by Orville (edited 04-09-2003).]

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Toddster
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Report this Post04-09-2003 07:52 PM Click Here to See the Profile for ToddsterSend a Private Message to ToddsterDirect Link to This Post
I hate to say it guys but the solution is to BS the state.

You have two solutions:
1) Go to Oregon, get a Mail Boxes Etc. PO box, go to your local Oregon DMV and trade in your Cal License for an Oregon DL. Then register your car there. Have Mail Boxes Etc send you your mail once or twice a year in California and just pay your fees through the mail and drive with Oregon plates and "residence" status. If you get pulled over just tell them your in Cal on business or vacation. When they send your ticket to Oregon just call MBE and have 'em forward it back to you.

2) OR put in a 3.4 and make it look stock and don't tell. It will pass visual and smog. No problem.

Not that I'd ever participate in such illegal and unethical behavior.

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88GTNeverfinished
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Report this Post04-09-2003 08:37 PM Click Here to See the Profile for 88GTNeverfinishedSend a Private Message to 88GTNeverfinishedDirect Link to This Post
There a few key senteces above:

A "specially constructed vehicle" is a vehicle which is built for private use, not for resale, and is not constructed by a licensed manufacturer or remanufacturer.

If you are lucky enough to get them to issue you the specially constructed vehicle designation, that is the way around the visual. Once the car is a designated as specially constructed, it is no longer a mass produced item and cannot be strictly compared to other cars.

Then we have these 2 paragraphs:

(1) In determining the engine model-year, the referee shall
compare the engine to engines of the era that the engine most closely
resembles. The referee shall assign the 1960 model-year to the
engine in any specially constructed vehicle that does not
sufficiently resemble a previously manufactured engine. The referee
shall require only those emission control systems that are applicable
to the established engine model-year and that the engine reasonably
accommodates in its present form.
(2) In determining the vehicle model-year, the referee shall
compare the vehicle to vehicles of the era that the vehicle most
closely resembles. The referee shall assign the 1960 model-year to
any specially constructed vehicle that does not sufficiently resemble
a previously manufactured vehicle. The referee shall require only
those emission control systems that are applicable to the established
model-year and that the vehicle reasonably accommodates in its
present form.


Pay special attention to the last sentence in each paragraph:

The referee shall require only
those emission control systems that are applicable to the established
model-year and that the vehicle reasonably accommodates in its
present form.

In either case, whether you choose model year or engine year it's the same. The applicable emission controls must be there, they must work. They do not have to be in exactly the location they were in the original vehicle. Your vehicle must "reasonably accommadate them in its present form" Present form determined by specially constructed designation and not exactly comparable to mass produced vehicles.

I'm not a lawyer, but that seems pretty clear in the statute. I think it would be strong grounds for an appeal of any rejection, and if you pursued legal action, I think you would have a very strong chance of winning that battle.

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Orville
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Report this Post04-10-2003 09:30 AM Click Here to See the Profile for OrvilleSend a Private Message to OrvilleDirect Link to This Post
What 88GTNeverfinished said.

Orville

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Feydakin
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Report this Post05-26-2003 04:42 PM Click Here to See the Profile for FeydakinClick Here to visit Feydakin's HomePageSend a Private Message to FeydakinDirect Link to This Post
This thread is one of the leading reasons I moved out of Cali (Lincoln to be specific).. I have too many car projects in my head to be blocked from driving them because the car fails a 'visual' inspection..

I moved back to Indiana, and currently restoring a 65 chevy and I am in the process of buying my first Fiero ('86 2M6).. Looking forward to making it a project car for me and my daughter..

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RBeaubien
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Report this Post05-26-2003 08:56 PM Click Here to See the Profile for RBeaubienClick Here to visit RBeaubien's HomePageSend a Private Message to RBeaubienDirect Link to This Post
I for one am glad I live in Arizona. If/when I sell my car, I have to tell the buyer that it is not legal to license in CA and they need to check legality for any other state they might want to register it in. AZ rules are simple. I can swap in any engine same year or newer than the car. All emission controls on that engine must be installed, but the car only has to pass the vehicle year emissions.

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jubjub2m6
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Report this Post05-26-2003 11:11 PM Click Here to See the Profile for jubjub2m6Click Here to visit jubjub2m6's HomePageSend a Private Message to jubjub2m6Direct Link to This Post
UGH!!! I've thought about moving back to cali, i live in idaho now i havent had a smog check on my fiero in almost 3years!!! im thinking i dont wanna move back can never do a engine swap.....
what engines are actually cali smog legal to do?

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86SE Gold & Primer Pink
zr-2 hoodscoop
rear coil overs
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JUGGALO!!!!

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