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“Leno’s Law” Gets a Lift, Passes California Senate
I try to stay out of politics—I prefer comedy of a different sort—but I got called recently by a California state senator named Shannon Grove from Bakersfield, who introduced a bill that would help out classic car owners. A few enthusiasts got in touch with me as well, and so I decided to go up to Sacramento to see if I could lend a hand.
The issue is that while most states with smog programs exempt cars once they reach 20, 25 years old, California has the toughest rule in the nation. Here, anything from 1976 or newer has to be smog-tested forever. For newer cars that have the onboard diagnostic systems that came in in the mid-1990s, it’s a relatively simple test. You just plug in a reader and see if the car is throwing any codes. It costs about $35 and you’re in and out in a few minutes. Brand-new cars aren’t even tested until they’re over five years old.
But for older cars, it’s a lot harder and more expensive. The cars have to be tested every couple of years on roller dynos and run up to different speeds with a probe up their tailpipes. The test can cost $200, and that’s if you can find a shop that will do it. Because the equipment is so expensive and has to be maintained, and the population of cars needing this type of test is dropping fast—it’s less than 1 percent of California’s 13 million vehicles and shrinking—shops have been getting out of the business. I’ve heard of people taking eight months to get a car tested.
It doesn’t seem right to me to turn people into criminals because they can’t afford a newer car or they don’t want to drive a new car. Or they move here from Nevada with an older car and now they have to sell it out of state. Some of them are not registering their cars and hoping they don’t get caught, or they are getting Montana license plates or some other baloney just so they can drive. And for the people who want to follow the rules and put new smog equipment on to make their cars compliant, often the smog equipment isn’t available or the parts are junk. The state doesn’t monitor the quality of replacement catalytic converters, so you might buy one, have it installed, and then fail the test anyway.
California is the birthplace of hot-rodding and it’s still a $6 billion industry here, but we drove the film industry out of California by taxing it to death and we could do the same to the classic car industry. Good luck finding a chrome shop in California now. Not that I’m against cleaner air. People were surprised that when I was in Sacramento, I testified that the California Air Resources Board does a great job. When I came out here in the ’70s, there were 160 days a year that they told you not to go outside because the smog was so bad. I remember one day it rained hard and I saw the mountains for the first time. I didn’t even know you could see the mountains from my house!
It’s not like older cars will be exempt from any other insurance or emissions requirements. If you’re driving down the freeway blowing smoke, you’re going to get pulled over and issued a ticket. I made the analogy to liquor: I don’t drink and you could ban alcohol and it would be fine with me, I couldn’t care less. But people are going to drink, so instead of a ban, we have a blood-alcohol limit of 0.08 if you’re over 21. Anything above that means you’re drunk and you lose your license. It should be the same thing with smog; if you’re obviously polluting, you get fined.
Most of my cars are too old to be affected, but I do have an ’89 Bentley that I bought new. It’s got 27,000 miles on it, and I drive it about 650 miles a year. It’s not about me having to “drive five extra miles to get his car tested,” as one commenter said. It’s no problem for me, but it is for quite a few people. And most of these older vehicles only go 15 miles to the cars and coffee on a Saturday, park for a few hours, and then drive home again. They’re well taken care of and it doesn’t seem like that big of a deal to exempt them.
Now they’re calling it “Leno’s Law,” and as of June 4, 2025, the bill passed the state Senate and is before the California Assembly—which is further than it ever has gone in the years they’ve been trying to get this passed. As with anything political, a few people have gone after me because of it, but that’s just what happens when you get involved to try to change things.
Editor’s Note: As of this writing, the thrust of the bill (SB 712) is as follows: Beginning on January 1, 2027, “a motor vehicle that is at least 35 model years old, has been assigned a special identification plate indicating that it is a historical vehicle, and is insured as a collector motor vehicle,” would be “fully exempt from [existing] smog check requirements, both biennially and [upon] transfer [of ownership].”
Congrats to Jay and all the car hobbyist in California.
It is time for some rational think here.
The editor’s note puts a different perspective on this legislation. It’s not as simple as registering a vehicle that is “X” models years old and getting an automatic exemption. A “special identification plate” is required. What is the process to obtain this plate, is the plate transferable, and how much will it cost?
Regarding the emission inspection laws in other states I live in Arizona and own a 1974 Dodge pick up (which was originally sold in California, ironically). I’m required to bring it in annually for a tail pipe sniff which is performed at idle only. The only way it would be exempted from testing is to have it registered as a classic vehicle which requires classic car insurance. Fortunately, AZ smog stations are state run and the cost of each test is ~$12. Like most all owners of vintage vehicles I keep on top of the maintenance so I wonder how much value there is in testing these older vehicles.
I too live in AZ. Phx and Tucson metros are the only areas with testing, but it is 1967 and newer. With the first 5 model years exempt. It doesn’t make much sense since Federal regs are 1968+, yet here it is a legislation issue and the auto dealers association supports anything that sells more cars.
The OBD-II tests are no sweat, where the older IM-240 and IM-147 tests are sketch. Especially if you have a manual transmission.
I’m all about clean air, but it only took once for an “Emission Testing Professional” launching my Camaro off the rollers for me to avoid the testing on anything where they will likely screw it up.
Ironically – the two worst air quality days in Phx and Tucson – Jan 1 and July 5.
I also live in Arizona and drive a 1973 Ford LTD. Since it does not have a catalytic converter I have not had to take an emission test for the last 10+ years. If it makes any difference I have a Historic License Plate but you can get those for cars 25+ years old and older.
“A ‘special identification plate’ is required. What is the process to obtain this plate, is the plate transferable, and how much will it cost?”
I read that to mean a California Historic license plate. They aren’t difficult to obtain, though they cost more than plain plates. No idea whether they are transferrable.
No law is ideal, and Leno’s Law would certainly be a big improvement over our current situation. However, many of us enthusiasts run period-correct California plates on our early cars: “black plates”, “yellow plates”, whatever was issued in the car’s model year. Several of my cars still have the plates they were first registered with back in the 1960’s. I would be hesitant to give these up!
If you are running black or yellow plates then your car does not require smog inspections now and as I read it this law changes nothing for pre-75 cars in California.
Not correct, a Blue 76-79 plate would still require testing.
I live in Wisconsin and if your car is 20+ years old, you can get collector plates. They cost about $235 one time and are good for as long as you keep the car. They can also be transferred if you buy a different old car. And if you own two collector cars, that second one will only cost $185 to plate it. My 2006 Corolla is getting collector plates end of this year. The only catch is you can’t drive the car in January and each collector owner has to have another WI car with a regular registration.
I have a personalized plate for my classic. In OH personalized collector plates can be only 6 characters, and my personalized plate is 7. I don’t want to give it up, so I still run a regular plate. My car will be 35 years old next year. But because of this plate requirement, my car would still not be exempt in CA. I think the requirement to have a collector plate is excessive.
there is another way to avoid the testing in arizona, move out of maricopa county. We live in Pinal county, no testing.
The special plate is just a historic vehicle license plate. It would stay with the car when it is sold just like any other license plate. There are a lot of rules that come with classic car insurance that some people can’t meet like keeping it in a locked garage. There may even be mileage restrictions. It will not be as easy as they are making it sound for some people.
“Insured as a collector vehicle” is going to be an insurmountable obstacle for many, maybe even most, people who would otherwise have benefited from this legislation. Because nobody (including Hagerty) will sell you a collector policy in California if you don’t have your own private garage or storage unit for the car. Storage facilities and homes with private garages are so expensive as to be out of reach for a significant number of people.
It’ll help a few people. Everyone else, well, it’ll probably just make it even more difficult and expensive to get their cars smogged as even fewer inspection shops will bother to keep the dyno equipment necessary for pre-OBD2 cars.
Wouldn’t you also be restricted by how the vehicle can be used!? i.e-No “daily drivers” would qualify?
Maybe have an annual certification that the car is driven “less than XXXX miles” and have that suffice- if the real concern is pollution (which is a genuine concern) then why go after cars that are rarely driven any great distances. Yes you can get a “mass polluter” 6-71 supercharged with dual 850 CFM carbs and the whole kit- but if it is driven less than 500 miles is that impact really significant? This and the fact that there is always a loss of older cars- either being taken off the road (due to repair costs, etc.) or simply not used- think that the cut off at 30 years is likely more realistic given Jeff Y’s comment. Once you are at the OBD2 cutoff it makes it much easier to get the car into compliance.
Agreed 100%. I’ve been saying almost exactly this on the FB page California’s for Class Xar Smog Exemptions as well as in letters to California senators. “Collector Car” is difficult and arbitrary to define and then leads to the nonsense of “insured as a collector car” (most of us can’t get that kind of insurance) and “historical vehicle plates” which would just lead to vehicular profiling if your not near a car show. A simple mileage restriction via annual odometer check should be sufficient. If not add a smog abatement fee annually. If a vehicle is hardly driven (like race cars at a track) the emissions are negligible. All SB712 does is limit who can have the exemtion.
Right, because odometers on old cars are infallible and extremely difficult to tamper with… Surely people will just roll over and pay by the mile on Scout’s Honor.
Also, what good is a “smog abatement fee” if there is no way to use said money to actually clean the air? I don’t want to pay the state money. I want to be able to breathe clean air.
I’m all for common sense solutions, but time has shown that trusting people to do the right thing is foolish.
That would make too much sense sir. Maybe just put it back the way if was originally enacted – cars were exempted as they became 25 years new automatically – How hard would that be to do rather than reinventing the wheel.
Yes, the requirement for historical vehicle plates technically covers that. Cars with those plates are extremely restricted in how they can be used, at least on paper.
The collector insurance also serves to filter out most daily drivers, as they tend to not cover vehicles that are driven more than 5,000 miles per year.
Likeky
I totally agree. Getting historical plates is not as easy as going to DMV and paying a fee. In NY, I was told that I needed classic car insurance in order to have historical plates. Adding my classic to the policy that covers my modern cars is not good enough. Classic insurers all require that the car be stored in a garage, shed, or some lockable building. Unfortunately, my house does not have a garage; we do have a driveway so I am not leaving the car on the street. So, I was left with a choice between getting regular passenger plates or selling my house. I am sure there are many people in CA who are in this same situation and this law will not help them.
There’s still a lot to be desired for with this bill. Why is it 35 years? In 2027, that would exempt up to 1992. OBD1 is up to 1995. So there would be three years of cars that would still require the 15/25 mph roll test and the evap test. Only OBD2 are able to do the plug-in test. So if you’re trying to help the Smog station operators, it’s not going to help them. They will still need the equipment for even fewer cars.
There are also a lot of people who pride themselves in having the original plates for their car. Having to switch to Historic will mean that car can never go back to its original plates. That’s the biggest stickler. Not the limited mileage use nor only being able to drive it to and from events. (No one enforces either)
Then there’s the collector car insurance. Like others have said not everyone has a garage. Even if they do there are other situations that might prohibit them from getting collector car insurance.
It’s worse than just the collector car insurance requirement. The requirement to have historical vehicle plates means the car primarily can be used only for parades, car shows, etc., and not for transportation. So Leno’s good intentions to the contrary, the bill does nothing for people who can’t afford a new car or would rather drive an old one — they will still need smog testing if they actually use the car. Even the bill’s author admits that the bill as amended doesn’t live up to the original expectations. No surprise, as the goal of CA legislators for decades has been to get people out of cars and onto mass transit (or more recently into an EV). So why would they do something that would keep older, less efficient cars on the road via a blanket smog test exemption? Leno or no Leno that was never going to happen.
@hyper- Do you really think the current goverment wants cars gone? You should consider spending less time here and more time catching up on the news.
You might also consider sticking to cars when you write.
Am I misunderstanding something? Why is a bill setting up a fine structure for those with exhaust over 75 decibels something you think is anti-car or anti-classic car?
Overly loud cars are a nuisance, and a very easily prevented one. I want to agree with you that legislators are coming after vintage cars but that is not a great example to rally behind. Even as an enthusiasts I would not hate traffic being quieter.
The current president is in favor of doing whatever will make him and his inner circle the most money at any given moment. He has no allegiance to any given form of transportation, and to think otherwise is not realistic.
This conversation is specifically about California…
I hope it passes I was doing smog checks back in the 70’s and 80’s and saw it coming, I own a 77 ranchero and it kills me every 2 years go for it Jay your also still my favorite comedian good luck
What you don’t realize is a list will be created and your odometer will be in play,
The record mileage at smog checks.
Hope it passes My 76 C20 passes no problem but it’s a pain for sure 75 bucks. I won’t hold my breath though CA is very radical.
Am I understanding this correctly..? I live in CA. Currently I own a couple classics, ’63 and ’69 VWs. One has year-of-manufacture plates for which I pay a couple extra bucks every year, the other modern plates which cost me nothing extra. I drive them when and where I want. I insure them with whomever I choose. I store them wherever I want. I put as many miles on them as I want. No smog testing is required. Basically there are no restrictions or added burdens in owning/driving these classics.
But with the new law I will be required to register them as historic vehicles, change my plates or add some historic tag, be restricted as to when/where I can drive them, be required to insure them with a classic car insurer who will place requirements on me as to where they are stored? And this is an “improvement?!”
If that last paragraph is true, then I am AGAINST THIS LEGISLATION for obvious reasons.
Your two vehicles are already exempt based on the date of manufacture. California requires emissions inspection on vehicles manufactured or sold as model year 1976 and newer.
Yes, that’s exactly my point. Pre-1976 vehicles are already exempt with no restrictions or additional burdens. But does the new legislation also put restrictions and additional burdens on pre-1976 vehicles? I understand that it will also open up newer vehicles (currently to 1990?) to smog exemption, but isn’t there a way to do that without adding the burdens to pre-1976 vehicles?
1975 and earlier are NOT affected by SB712
There are many nits to pick here, and details to be worked out, but remember-
“the perfect is the enemy of the good”.
For everyone’s sake, I hope a version of this law passes.
Here in NC they dropped the emissions requirement for all cars. They are just waiting to get the EPA approval which can take up to 18 months. Think Lee Zeldin has gotten rid of all the nonsense at the EPA, like EV mandates or auto start/stop.
There are, and have been, NO EV mandates from the EPA.
@HMV- Facts are a dangerous thing to some who lurk here. Thanks
Hopefully there will be more positive progress for all you Californians.
Get this, guys! 35 year old cars are 1990 and older. 1990 ain’t that long ago… Sigh.
JAY You should run for Council man or Senate job!!!! You would make it on the FIRST BALLOT Joe D
You Should Run for the Senate Job!!!!!!