Missing, Modified, or Tampered Smog Control Device
A CVC 27156 citation means a pollution control device your vehicle is required to have, such as a catalytic converter, was missing, not correctly installed, not working, or disconnected, modified or altered (Vehicle Code 27156(b)). Changes the State Air Resources Board has approved are allowed (27156(h)). After an officer gives you notice, you may drive the vehicle only to return it to your home or place of business or to a garage until it is fixed (27156(f)). The citation requires proof of correction or proof of exemption (27156(g)), and the Smog Check Referee says a vehicle cited under this section must pass a complete Referee inspection.
Correction Window
The deadline is printed on your citation. The Smog Check Referee inspection is by appointment and may take additional time. Begin the process promptly.
Fee After Correction
These steps apply when your ticket was issued as correctable. An officer does not issue it that way if there is evidence of fraud or persistent neglect, the violation presents an immediate safety hazard, or you cannot promptly correct it (Vehicle Code 40610(b)). When the court accepts your proof of correction, the court clerk collects a $25 fee for each corrected violation (Vehicle Code 40611). There is no fee if the agency that cited you handles the correction and nothing is sent to the court (Vehicle Code 40611(c)). Without proof of correction, you may owe the full fine. Check your notice or ask your court for the amount.
Who Can Certify
The Smog Check Referee, a Bureau of Automotive Repair (BAR) contractor, says a vehicle cited under CVC 27156 must pass a complete Referee inspection. Follow your citation for how to show the court proof of correction.
The Smog Check Referee inspection is by appointment, so book it well before the deadline printed on your citation. If the court finds the violation was willful, it must impose the maximum fine and cannot suspend any part of it (Vehicle Code 27156(d)). The court must dismiss a corrected violation when you deliver proof of correction on or before the date on your ticket (Vehicle Code 40522). After that date it may not accept the correction, and you may owe the full fine. If you fail to appear without good cause, the court may add a civil assessment of up to $100 after mailing you a warning notice (Penal Code 1214.1). Willfully failing to appear, or willfully failing to deliver proof of correction, is a misdemeanor (Vehicle Code 40508 and 40616). If you need more time, ask the court before the date passes.
Step by Step
How to Correct This Violation
- 1
Have the required emissions control devices reinstalled or repaired so they are correctly installed and working. This may mean having a mechanic reinstall a catalytic converter or other removed equipment.
- 2
Find the Smog Check Referee through bar.ca.gov. Finish every repair before you book; the Referee says unfinished repairs cause significant delays.
- 3
Complete the Referee inspection. The Referee says its inspection includes a check that the vehicle's computer programming has not been tampered with.
- 4
Keep the Referee's proof that the vehicle passed, and follow your citation for how to submit proof of correction.
- 5
Submit your proof of correction and the $25 fee to the court before your deadline.
Questions
Frequently Asked Questions
- Where do I find the Smog Check Referee?
- The Smog Check Referee works under contract with the Bureau of Automotive Repair, and bar.ca.gov links to it. Make all repairs before you book an appointment.
- Can a regular smog check station certify this correction?
- The Smog Check Referee says a vehicle cited under CVC 27156 must pass a complete Referee inspection, so plan on the Referee rather than a regular smog check. Vehicle Code 40616 also lets a station licensed or contracted for the violation, or a law enforcement agency, certify a smog device correction; ask the court what proof it accepts.
This guide covers passenger vehicles. Some rules differ for commercial vehicles and truck tractors (for example, where registration tabs go under Vehicle Code 5204(a)). If you were driving one, check with your employer or a licensed attorney.
This guide provides general procedural information only. It is not legal advice. For questions specific to your citation, contact the court listed on your ticket.
Also have a moving violation on your ticket?
Speeding and moving violations follow a different process. TicketClear prepares your written declaration.
See how TicketClear worksYour ticket has a deadline. Tell your side today.
Most California citations have a 60-day deadline. Write what happened in your own words, then review, edit and sign your declaration.
Start my declarationFree to start · $49.99 when you're ready to download