California: SB 1392 Smog Check Exemption Signed for Collector Cars

• California Governor Gavin Newsom signed SB 1392, known as "Leno's Law," which exempts certain collector vehicles from smog checks.
• Effective January 1, 2028, the exemption applies to 1976-1985 model year vehicles that are insured as collector vehicles or driven under 1,000 miles annually.
• The legislation, championed by Jay Leno, aims to preserve California's classic car heritage while balancing environmental concerns.
• State Senators Dave Cortese and Shannon Grove authored SB 1392, which faced some opposition over potential emissions impacts.
• Governor Newsom also signed AB 2541, creating a lowrider license plate program to honor Latino culture and heritage.

For legal professionals, understanding the nuances of the SB 1392 effective date 2028 and its specific requirements will be essential for advising clients who own or plan to acquire vehicles from the affected model years.

California Governor Gavin Newsom recently signed Senate Bill 1392 into law, establishing a future exemption from smog check requirements for specific collector vehicles. This significant legislative change, often referred to as "Leno's Law California," will take effect on January 1, 2028. The new measure aims to preserve the state's classic car heritage by easing compliance burdens for owners of certain older models.

Under the provisions of SB 1392, collector motor vehicles from model years 1976 through 1985 will no longer be subject to mandatory smog inspections. This exemption is not universal, however, and comes with specific conditions. To qualify, vehicle owners must either provide proof that their car is insured as a collector vehicle or demonstrate that it is driven fewer than 1,000 miles annually. This carefully crafted exemption seeks to balance environmental protection with the cultural value of these historic automobiles.

The passage of this bill marks the culmination of a multi-year legislative effort, championed by figures such as former late-night host and avid classic car enthusiast Jay Leno. Governor Newsom's signature on SB 1392 was part of a broader legislative package that also included Assembly Bill 2541, which establishes a lowrider license plate program. Both bills underscore California's commitment to recognizing and celebrating diverse aspects of its automotive culture.

The legislative journey for the California SB 1392 smog check exemption was initiated by state Senators Dave Cortese, a Democrat representing San Jose, and Shannon Grove, a Republican from Bakersfield. Their collaborative effort led to the refined bill signed into law, following an earlier version that encountered hurdles in the Assembly Appropriations Committee. The core intent of the legislation is to provide relief for owners of classic cars that often face unique challenges with modern emissions testing.

The specific criteria for the exemption are crucial for legal professionals advising clients on vehicle sales, estate planning, or compliance for classic cars. Vehicles must fall within the 1976 to 1985 model year range. Furthermore, owners must satisfy one of two operational conditions: either maintain collector vehicle insurance with verifiable proof, or ensure the vehicle's annual mileage remains under 1,000 miles. These conditions are designed to ensure that the exemption primarily benefits vehicles that are genuinely preserved and used sparingly, rather than those in regular daily operation.

Senator Cortese emphasized that the legislation allows California to uphold its clean air objectives while simultaneously acknowledging the historical and cultural significance of collector vehicles. He described SB 1392 as establishing a "carefully limited exemption" for cars that are preserved, driven infrequently, and maintained as integral components of California's rich automotive heritage. This framework aims to mitigate concerns about potential increases in California collector vehicle emissions while still addressing the practical difficulties faced by enthusiasts.

Jay Leno, a prominent advocate for classic car enthusiasts, played a pivotal role in advancing this legislation. He expressed satisfaction that Governor Newsom remained committed to the bill over several years, recognizing its importance for preserving California's classic car heritage. Leno noted that the car community had long awaited such a measure, appreciating the follow-through from state leadership. His personal experiences, including a humorous anecdote about driving more miles searching for a suitable smog station than for recreation, highlighted the practical challenges that older vehicles face under existing California classic car smog requirements.

Senator Grove, who was instrumental in the previous year's iteration of "Leno's Law," hailed the governor's signature as a profound step, noting that it extends smog check exemptions to an additional ten model years of classic vehicles. She underscored the two-year effort required to bring the law to fruition, crediting the overwhelming support from car enthusiasts, mechanics, and families across the state who have cherished and passed down these vehicles through generations. This broad base of support was critical in overcoming legislative obstacles.

Despite widespread support, the bill did face opposition from detractors concerned about potential environmental impacts. State Senator Catherine Blakespear, an Encinitas Democrat and chair of the Senate Environmental Quality Committee, voiced worries last year that the bill might not clear her committee. She ultimately opposed both versions of the bill during Senate floor votes, reflecting ongoing debates about balancing environmental regulations with specific industry or hobby exemptions. The governor's office, however, maintained that the new law is narrowly tailored, applying only to a small number of qualifying vehicles driven sparingly, thus presenting a minimal risk to air quality goals.

The enactment of SB 1392 is seen by the governor's office as a strategic move that allows California to reinforce its standing as a leading hub for American classic car heritage, all while continuing its pursuit of a cleaner transportation future. This legislation, alongside the lowrider license plate program, signals a broader recognition of the diverse automotive cultures within the Golden State. For legal professionals, understanding the nuances of the SB 1392 effective date 2028 and its specific requirements will be essential for advising clients who own or plan to acquire vehicles from the affected model years.

The companion bill, Assembly Bill 2541, introduced by Assemblymember Mark González, a Los Angeles Democrat, creates a dedicated lowrider license plate program. Supporters of AB 2541 emphasize that it honors California's rich tradition of Latino art, identity, and civic pride. Assemblymember González articulated that lowriding transcends mere vehicle modification; it represents "cultura," art, family, and a powerful expression of Chicano and Latino pride. He noted that historically, lowriders have sometimes been misperceived as a policing issue rather than a celebrated cultural phenomenon.

For generations, communities have utilized lowriders as a means to narrate their stories, commemorate their heritage, and create beauty from their urban environments. The signing of both AB 2541 and the California SB 1392 smog check exemption reflects a legislative effort to acknowledge and support these distinct facets of California's automotive landscape, ensuring that both classic cars and lowriders receive recognition and appropriate regulatory frameworks.

This legislation creates a future exemption from smog check requirements for specific collector vehicles in California, effective January 1, 2028. Lawyers advising clients on vehicle sales, estate planning, or compliance for classic cars should note these new conditions (insurance, mileage) to ensure clients meet future regulatory standards and avoid non-compliance issues.

Source: Reporting based on Courthouse News Service.