Van De Kamp, 051684 CAAGO, AGO 84-107

Docket Nº:AGO 84-107
Case Date:May 16, 1984
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
RODNEY O. LILYQUIST Deputy Attorney General
AGO 84-107
No. 84-107
California Attorney General Opinion
Office of the Attorney General State of California
May 16, 1984
         THE HONORABLE GORDON DUFFY, CHAIRMAN, AIR RESOURCES BOARD, has requested an opinion on the following question:          Does the Air Resources Board have the authority to conduct inspections of used cars, regardless of age or mileage, offered for sale at used car dealerships?          CONCLUSION          The Air Resources Board has the authority to conduct inspections of used cars offered for sale at used car dealerships, but only with regard to such cars during the first five years or 50,000 miles of use, whichever first occurs.          ANALYSIS          Health and Safety Code section 43012[1] states in part:
"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, upon presentation of his 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, shall have 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 new vehicle, including any vehicle subject to the warranty provisions of Sections 43204 and 43205, for which emission 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 such vehicle is owned by such dealer. Such inspection may extend to all emission-related parts and operations of any such vehicle, and may require the on premises operation of an engine or vehicle, the on premises securing of samples of emissions from any such 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 any such dealer in connection with his business. "This right of entry shall be limited to the hours during which the dealer is open to the public, except when the entry is made
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