Jalopnik: laws

The US Atlas Of Texting-While-Driving Laws

Matt Hardigree — Mon, 13 Jul 2009 13:30:00 EDT

Driving requires constant attention — yet people are seemingly spending more time staring at iPhones to text friends. It's dangerous and that's why it's becoming illegal in more states. A guide to where and how the laws work below.

When the first set of cell phone driving laws were passed, many of them did not include text messaging provisions. While the concept of texting-while-driving falls under most driver distraction laws, those are often not enforced until after an accident or incident occurs. Click on the maps below to discover whether your state has a full statewide ban, has pending legislation, teen-driving laws or nothing at all.

Primary v. Secondary
As with many laws, including seat belt laws and open container laws, enforcement is either primary or secondary. If it is a primary enforcement law, that means you can get pulled over just for violating it. If it's a secondary law you have to also break an additional law before you can get cited. In nearly every state with a full or novice ban this is a primary, and not a secondary, offense. Washington is the only state with a full, comprehensive "secondary" ban.

Photo Credit: TimCaynes

States With No Statewide Bans (In Red)
Approximately half the states have no text messaging laws at all. In most cases there's no cell phone driving law at all. In states like Georgia there is a cell phone ban but no provision for anything related to texting. Illinois has given cities the ability to create and enforce their own texting laws, though Chicago is the only city to do so yet. There are also a couple of cities in Wyoming where local ordinances have been passed. On the other side, states like Florida and Kentucky explicitly forbid local governments from enforcing such laws.

States With Statewide Bans (In Red)
There are 14 states, plus the District of Columbia, with full bans on texting-while-driving either as part of the overall cell phone law or as a recent addendum. Colorado is one of the few states with a text-messaging ban (effective the end of 2009) with no full cell phone bans. The Arkansas texting-while-driving ban is effective in October 2009 so enjoy it while you can.

States With Novice Bans (In Red)
Though some believe driving and texting, ie. endangering everyone around you, is a right of all real'mericans, most people are not insane enough to believe it's okay for a 16-year-old with a learner's permit to focus on creating the ideal emoticon instead of the road. In addition to the states with full bans, there are nine states with some form of novice driver ban. These range from the strict Maine law covering everyone under 18 to the more lenient Nebraska law for anyone under 18 with a learners or provisional license. Mississippi is one of a few states where the law applies to anyone with a learner or provisional license. Enforcement in most of these places is limited to an after-the-fact ticket where the "fact" is probably a distracted teenager driving into a Starbucks.

States With Pending Legislation (In Red)
There are a dozen states where lawmakers have proposed texting-while-driving bans but have not signed them into law. In Illinois, for instance, the law is sitting on the governor's desk and is likely to be signed before the end of the summer. There's pending legislation in Iowa, New Mexico, Nevada, Mississippi and Oregon at various levels in the government. Currently, Pennsylvania has a large-scale law related to teen driving that's gaining momentum.

[Sources: Governor's Highway Safety Association, PE.com, and Insurance Institute for Highway Safety]

Detroit Lawmaker Proposes Texting-While-Driving Ban, Angers Youth

Andrew Didorosi — Fri, 20 Mar 2009 17:30:00 EDT

A Detroit legislator is trying for the second time to put a stop to texting while driving in Michigan, pursuing legislation levying a misdemeanor and hefty fine on perpetrators.

The new law would make texting or playing video games while driving a secondary offense, which means that a driver could receive a ticket if pulled over for something else, but not be rolled for simply texting. The fine would be set at a non-negotiable $100. Senator Buzz Thomas had attempted passing an identical piece of legislation earlier that didn't make the cut. Buzz stated texting "is one of the most dangerous things a driver can do."

Although our official response is one of happiness for getting drivers-who-text off the roads, we did ask Jalopnik's resident "txtng xprt," Ben Wertigree, for his opinion. He replied,

"LOL OMG suk my blz"

There you have it.

[Freep]

Teenage Drivers Ignore Cell Phone Driving Bans, Arby's, Zune

Travis Hudson — Wed, 11 Jun 2008 18:40:00 EDT

A study released by the Insurance Institute for Highway Safety reiterates a fact made apparent by James Dean in the classic Rebel Without A Cause: teenagers are some rebellious bastards (for no apparent cause). In 2006, a law was enacted in North Carolina that completely banned persons under the age of 18 from using any type of cell phone device, including hands-free Bluetooth headsets, while driving. A study was conducted before the law went into effect, and again after the law was enacted, and yielded some alarming results.

Teenagers didn't change their mobile phone usage habits, period. In a related survey, parents offered overwhelming support for the law, but conceded that enforcement was lacking. Even the vice-president of IIHS opined that these kinds of bans are difficult to enforce because it's hard to determine the age of users, and because hands-free devices like Bluetooth headsets are often hard to see.

One possible solution is to take the "DUI approach." Cops often set up roadside checkpoints in the vicinity of drinking establishments, so why not set up checkpoints outside of high schools, movie theaters and the mall? [Gadget Remote]

The Science Behind Cell Phone Use While Driving

Travis Hudson — Mon, 02 Jun 2008 14:40:00 EDT

Not a day goes by without a local news report discussing the dangers of driving while talking on a cell phone, but now researchers at the University of South Carolina are taking things one step further by analyzing what goes on in the brain that makes cell phone use while driving so damn dangerous. A series of experiments by Dr. Amit Almor demonstrated that preparing to speak or actually speaking was four times more distracting than simply listening. Another experiment by Almor lead to some findings that could definitely change the landscape for the future of communicating while driving.

An experiment showed that while listening, experiment participants could complete a visual task easier when the task and the projected voice was in front, compared to a speaking voice come from the sides or back.

The latter experiment could lead to new vehicle speakerphone technology that could cut down on the level of distraction. Additionally, we're curious if the findings regarding the levels of brain distraction while speaking and listening could actually lead to a complete ban of cell phone use while driving, rather than the current limited restrictions. [Science Daily] (Image via Getty)

California To Allow Windshield-Mounted GPS, Finally

Travis Hudson — Thu, 22 May 2008 15:20:00 EDT

California is really going balls to the wall with laws regarding driver distractions. The hands-free requirement is inching closer to being implemented and that animal petting law is still going through the ringer. But in an odd move, California is now proposing a law that would allow drivers to have windshield-mounted GPS units. Oh, you didn't know? Yeah, having a windshield-mounted GPS is illegal in California and punishable with "obstructed view" citations. The specifications behind this new law isn't being accepted well among the GPS faithful.

The legislation is stating that the GPS navigation units can only occupy a 5-inch square on the lowest left-hand corner of the windshield or a 7-inch square on the lowest right side corner. For aesthetic purposes, those two areas are best suited for GPS navigation units, but for practicality, not so much. Maybe the California legislation should talk to this guy to find out the truth behind windshield obstruction. [GPStracklog]

Get Caught Speeding In Canada, Endure A Lecture From The Teen Girl Squad

Matt Hardigree — Fri, 16 May 2008 14:00:00 EDT

Michel Foucault's Discipline & Punishment focuses on the transition into the modern system of punishment, away from public embarrassment into a gentler and more measured approach. We Americans welcome Canada into the league of nations going the other direction. Speeders in Oshawa, Ontario are now being given the choice between getting a speeding ticket or having to sit through a poorly-written essay on speeding from a teenager. One driver broke down crying after having a teenager exclaim she was now dead because the driver chose to speed, though we're not sure if the crying was due to the emotional impact of the text or the labored rhetorical strategies most teens employ. Nevertheless, we think this is a great strategy as there's no one more self righteous than a teenage girl on a power trip.

Seriously, what's a better deterrent than that? Though we joke, the stern talking to happens at an intersection with numerous collisions within a kilometer of about 3,500 school children. Their best quarry so far has been an embarrassed and horrified vice-principal from another school. Finally, someone has managed to harness the awesome power that is a teenager's inability to shut up for more than four seconds. (h/t PhkMark) [Toronto Star]

Driving While Petting Soon To Be Illegal

Travis Hudson — Wed, 07 May 2008 13:40:00 EDT

California Assemblyman Bill Maze is proposing a new law that would make driving with an animal in your lap illegal and punishable by a $35 fine. The law passed through the California Assembly this week and will be making its way to the Senate. It's a pretty obvious that those crazy old cougars that drive around with their miniature toy dogs in their laps pose a giant risk to other motorists so there's no reason not to go ahead with this law.

The law would make it legal to still drive with the dog in shotgun or the back, but just no sitting on the lap of the driver. If they read Jalopnik or drove Volvos, they'd know to buckle up their pets for ultimate safety. [Source/Photo: NBC 5i]

HOV-Lane Hybrid Smackdown, Buckeye Edition

Travis Hudson — Mon, 04 Feb 2008 13:00:00 EST

Hey Ohioans! If you bought that hybrid SUV with the sole purpose of being able to vroom down the HOV lane with hulking impunity, it's time to break out the Kleenex because state Rep. Todd Kiser is about to seriously hurt your feelings. Kiser, a Republican, has sponsored legislation that will compel Ohio comply with a national law the forbids hybrid SUVs from qualifying for use in the HOV lane. Kind of...

The national law requires the HOV-allowed hybrids to have improved mileage by 50 percent in the city or 25 percent overall to qualify for the commuter-friendly HOV lanes. The Chevrolet Tahoe is the model example for this situation, because it only improves mileage by 40 percent. Many other hybrid SUVs fail to meet this requirement, as well.

Don't go listing your Tahoe on Craigslist just yet. If you already received a Buckeye State HOV-sticker, then you're fine and nobody will take it away from you. But be forewarned that your big, beautiful and actually pretty fuel-efficient ride is just as scummy as the H3 Hummer, at least in the eyes of Ohio politicos hot to harvest to Green cred. [Treehugger]

Captain Obvious Of The Day: ABC News Says Speed Cameras Work

Travis Hudson — Thu, 31 Jan 2008 16:00:00 EST

Two years after the first speed-limit enforcement cameras were installed in the Arizona hamlet of Scottsdale, ABC News decided to send three of its crack journalists on a mission to aggressively investigate whether they work. The answer? Yes! Wow—Lisa Stark, John Parkinson and Imaeyen Ibanga, your dedication and attention to detail should be celebrated with some kind of award.

I don't want to set myself up as some kind of law-enforcement pundit, but speed-limit cameras will deter speeders, period. There is no argument against it. An automatic system that will ticket persons exceeding the speed limit will slow people down. And the data backs this up.

Speeding violations dropped from 13 percent percent after the installation of the cameras. The cameras will automatically ticket anyone going 11 mph over the speed limit or more. Now, let me tell you want kind of bullshit ABC should be investigating? Those speed-limit enforcing planes.[ABC News]

Allstate Really Wants To Own Repair Shops, Goes To Supremes

Matt Hardigree — Wed, 09 Jan 2008 14:15:00 EST

Those who thought they were in good hands with Allstate may not have noticed those hands were jacking them off. Insurance company Allstate owns a stake in body shops across the country through company Sterling Autobody Centers. This didn't go over well in Texas where a law was passed to stop this obviously horrible conflict of interest. Despite losing twice in a Texas district court and once at the appellate level, Allstate Insurance and their lawyer Ken Starr (yes, that Ken Starr) is questioning the constitutionality of said law. The perverse logic of it below the jump.

Starr and Allstate are making the argument that the Texas law violates the Dormant Commerce Clause of the Constitution. This is the inverse of the Commerce Clause, which states that the Congress can make a law that impacts interstate commerce. Thus, states can't make laws restricting interstate commerce. This is totally baloney, or as AutoMuse put it, these are "some of those moth-eaten arguments most of us haven't seen since law school." The state has not only a right, but a compelling duty to restrict unfair or misleading business practices. A writ of certiori has been filed and we should know soon if the Supreme Court takes the case. [AutoMuse]

Texting While Driving Law Goes In Effect Today In Washington State, Teenagers Not LOL

Matt Hardigree — Thu, 03 Jan 2008 09:45:00 EST

OMG! Whatever you have to tell your BFF Payal better wait as the police in Washington State are now empowered to ticket your ass. A law designed to curb composing text messages went into effect on Tuesday. Penalties range from $124 for a driver texting or emailing to $175 if that texting leads to an accident. IMHO, it's not a bad law as you should probably be looking at the road and not your crackberry.

As discussed in our Guide To Cell Phone Usage Laws, these kinds of laws are often secondary, meaning that you can only get pulled over if you committed a primary offense such as speeding or running a stop sign. The good news is the offense will not appear on your driving record and thus impact your insurance. [Mobile Messaging]

Rules Of The Road: Jalopnik Guide To Cell Phone Usage Laws

Matt Hardigree — Fri, 28 Dec 2007 12:15:00 EST

(The 10th amendment of the US Constitution created a patchwork quilt of state laws related to driving, which is why Jalopnik sorts through the red tape to bring you detailed guides to driving topics such as teenage driving, speed limits, open containers, dehorsing and lemon laws.)
We we're tempted to just limit this guide to stating that, unless necessary, you shouldn't use your cell phone while driving (A CB Radio is much cooler anyways). But that would make some of us (ahem, Wert) serious hypocrites. There's no state with an all out ban on all types of cell usage, though approximately half of all states have some sort of laws on the books.

City laws vary so we're going to focus on the current level of statewide cell phone bans. In states with jurisdictional laws we'll list the cities included. It is important to note that Chicago, the city with one of the strictest cell phone use policies, is being sued because of the law. The attorneys that filed the suit are claiming that the ban hasn't been properly enacted. The suit doesn't undermine the legality of enacting such bans, however.

Novice Drivers
The District of Columbia and 17 states currently have laws focused on novice drivers, generally meaning those with learner's permits or restricted/novice licenses. These laws almost always include a full ban on persons driving with learner's permits from using a cell phone in a non-emergency situation. New Jersey doesn't allow drivers under the age of 21 to use a cell phone while driving if they don't have a full, non-graduated license. This is all premised on the theory that young drivers are bad enough as it is without yet another distraction.

Preemption Laws
For various reasons, some states don't allow local municipalities to create cell phone driving bans. States like Florida don't allow local municipalities to make any sort of laws related to the use of motor vehicles, which would include cell phone driving bans. Kentucky, on the other hand, specifically states that city or county governments can't impose driving bans. Localities are explicitly allowed to create cell phone driving bans in six states (Illinois, Massachusetts, Michigan, New Mexico, Ohio and Pennsylvania).

School Bus Drivers
This is sort of no brainer, but only 14 states and the District of Columbia currently have a ban on School Bus drivers talking or texting in non-emergency situations. While we understand why it's a common occurrence, we're a bit surprised to see less states taking action to avoid disasters (we can't imagine there's that strong of a school bus drivers union).

Hands-Free Sets
There's much argument over whether or not hands-free sets are safer, though we tend to doubt it. The few moments we've lapsed on the phone while driving it wasn't because we were looking at the buttons it was because we were paying attention to what was being said. Be that as it may, it's legal to use a cell phone with a hands-free kit according to state laws (city laws may vary).

Primary v. Secondary
As with many laws, including seat belt laws and open container laws, enforcement is either primary or secondary. If it is a primary enforcement law, that means you can get pulled over just for violating it. If it's a secondary law you have to also break an additional law before you can get cited. For example, it's a secondary law in Colorado therefore you'd have to run a stop sign or speed before getting the additional ticket for violating the cell phone ban.

State Laws
These are as of 12/01/2007 and apply only to state-wide laws. Where noted these laws don't go into effect immediately.

Alabama
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Alaska
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Arizona
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

Arkansas
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

California
Hand-Held Devices: Yes (as of July 2008)
Bus Drivers: Banned (including transit operators)
Novice Restrictions: 18 and Under (as of July 2008)
Enforcement: Primary

Colorado
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit
Enforcement: N/A

Connecticut
Hand-Held Devices: Banned
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Under 18
Enforcement: Primary

Delaware
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Intermediate Licenses
Enforcement: Primary

Florida
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Georgia
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: N/A

Hawaii
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Idaho
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Illinois
Hand-Held Devices: Chicago Only
Bus Drivers: Banned
Novice Restrictions: Under 19 and Learner's Permit
Enforcement: Primary

Indiana
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Iowa
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Kansas
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Kentucky
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

Louisiana
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Maine
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate License
Enforcement: Primary

Maryland
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate License
Enforcement: Secondary

Massachusetts
Hand-Held Devices: Brookline
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

Michigan
Hand-Held Devices: Detroit
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Minnesota
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Provisional Licenses for the first 12 months after licensing
Enforcement: Primary

Mississippi
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Missouri
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Montana.
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Nebraska
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learners Permit and Intermediate License Holders under 18, includes Blackberry and other wireless devices
Enforcement: Secondary

Nevada
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

New Hampshire
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

New Jersey
Hand-Held Devices: Banned, Including Text Messaging (As Of 3/01/08)
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Intermediate Licenses
Enforcement: Primary

New Mexico
Hand-Held Devices: Santa Fe
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Additional Restrictions:

New York
Hand-Held Devices: Banned
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

North Carolina
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Drivers Under 18
Enforcement: Primary

North Dakota
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Ohio
Hand-Held Devices: Brookyln, North Olmstead and Walton Hills
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Oklahoma
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Oregon
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate Licenses (As of 2008)
Enforcement: Secondary

Pennsylvania
Hand-Held Devices: Lebanon, Conshohocken and Conshohocken
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Rhode Island
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Under 18
Enforcement: Primary

South Carolina
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

South Dakota
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Tennessee
Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Learner's Permit and Intermediate Licenses
Enforcement: Primary

Texas
Hand-Held Devices: Allowed
Bus Drivers: Banned When Students Present
Novice Restrictions: Intermediate License Holders
Enforcement: Primary

Utah
Hand-Held Devices: Banned
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: Secondary

Vermont
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Virginia
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Intermediate License Holders
Enforcement: Secondary

Washington
Hand-Held Devices: Banned (As of July 2008) Text Message (As of 2008)
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Secondary

Washington, D.C.
Hand-Held Devices: Primary
Bus Drivers: Banned
Novice Restrictions: Learner's Permit Holders
Enforcement: Primary

West Virginia
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner's Permit and Intermediate License Holders
Enforcement: Secondary

Wisconsin
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Wyoming
Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

[Sources: Governor's Highway Safety Association and Insurance Institute for Highway Safety]

Rules of the Road: Understanding Emissions Laws

Matt Hardigree — Fri, 30 Nov 2007 14:45:00 EST

It's probably safe to assume by looking at the writing staff and reading the comments from this site that more than a few Jalopniks are driving some slightly used vehicles of various vintages in various forms of disrepair. It's in this spirit that we take a deeper look at how emissions laws work, why the exist and what exemptions your fuel-leaking, smoke-spewing vintage DeSoto might qualify for.

Where do they come from?

Our modern car emissions regulations come courtesy of the 1990 Clean Air Act and all of its happy amendments. Like most laws affecting cars, the federal government sets up some requirements and the individual states are supposed to enforce them. These guidelines are called State Implementation Plans (SIPs) and cover everything from your neighbor's Hyundai to how your local dry cleaner gets rid of their cleaning solvents.

Unlike some of the other laws we've talked about, there's a provision for federal control if state's plans for implementing restrictions don't meet the approval of the EPA (which also depends on who is controlling the EPA, which depends on the administration which is partially related to why some states are not happy).

It's not important to understand the history and full impact of the Clean Air Act, but it is helpful to note that because vehicles sometimes travel from one state to another (especially pollution causing large trucks) there are sometimes regional commissions on air quality. Even within states the are sometimes serious variations from one county to the next in terms of what is and is not required.

How do emissions laws vary?

It would break our server to list every variation in every emissions law for every state and county and zip code, but there are some basic provisions that should be understood and are generally applicable to most states (With 50+ SIPs out there not all of this will apply to everyone). We'll draw heavily from California, which has the strictest air quality standards of any state.

Do you need to get your car checked?

If you've purchased a new car it should already come cleared for a period of 2-6 years depending on where you live and what year you purchased it. When you register your car with the state one of the fees you usually pay on a new car is an emissions testing "abatement fee" where you pay to have your car not tested.

Beyond that point you'll almost always be informed either by a color-coded sticker on your license plate or windshield (as in Texas). If you're in a state like Illinois, you'll receive a letter informing you of where you can get your car inspected and by what date this inspection has to be completed. Always double check when you move and have your car reregistered.

When buying a used car, check to see when the latest emissions test was and assure that all proper paper work has been filled out. In California, for instance, you have to pay a small fee and transfer the smog certificate. If you transfer the car within your family you're exempt from this. If you sell your car to your family, you shouldn't overcharge them.

The test

There are two predominant forms of testing, though there are even variations within the two major types. Both tests involve sniffing your exhaust to see the presence of certain chemicals (specifically hydrocarbons, oxides of nitrogen and carbon monoxide). The hope is that this test will show how efficiently your engine is burning fuel (or not burning fuel).

The basic test involves idling your car and smelling the gas with a device hooked up to a computer. The more complicated test involves a chassis dynometer. This test is referred to as an IM240 because they run your car for approximately 240 seconds to simulate a short drive with an average speed of 29.4 mph and a top speed of 56.7 mph (see the simulation graph here).

Even if your car isn't brand new, as long as you take care of it and there are no known major issues with the engine then you shouldn't have major problems. If your car has had problems or is throwing up a check engine light you might want to figure that out before you take it to the testing facility. One faulty spark plug could be the difference between PASS and FAIL. If you bought a Project Car Hell car you may want to skip down to the exemptions section.

What if I fail?

Most states give you around a month to figure out what's wrong with your car and try again. It's best to take your test results to a friend or trusted mechanic that knows the score if you're not mechanically inclined. If you are mechanically inclined, we recommend checking out this article by PopMechanics.

If you decide not to go back and get your car reinspected you could be up for many levels of trouble. Until recently, you could go to jail in Illinois for not having an up-to-date emissions test. This was because the law required a suspension of drivers license immediately upon getting caught, meaning that if you drove the car you were driving without a license which is an infraction that requires arrest.

Am I exempt?

If your car is of a certain age and meets certain requirements for being a "classic" you might be exempt. For instance, Arizona adjusted their SIP a year ago to exempt cars that were 15 years or older and could be considered a classic. If you've got a malfunctioning Sephia, you're probably out of luck because that car would never qualify as a classic in any part of the country. In California the car has to be from 1975 or earlier to be exempt.

"Testing old cars adds a layer of complexity and often cost for the state agency charged with conducting the tests and the actual benefit to air quality isn't there to justify it," said an individual involved in the process. "Cars older than 25 years are such a minute proportion of total vehicles on the road that you really can't make a difference in air quality no matter what you do with them."

Other exemptions, depending on state, include hybrid vehicles, diesel powered vehicles, electric vehicles, natural gas vehicles of a certain size, trailers (because they don't have engines), cars with junk titles and motorcycles.

Where to get more info?

The best resource is your local Department of Motor Vehicles and you can find a list of your local DMVs here. It's a much easier way of getting the information than trying to parse the many amendments to SIPs (just trust us). The website DMV.org also has simple-to-understand instructions based on the latest laws.

What experiences have you had with getting your car or truck tested?

UK to EU: Give Us a Break

Matt Hardigree — Fri, 02 Nov 2007 11:30:00 EDT

Britain's Transport Secretary Ruth Kelly is none-to-pleased with the EU's plans for a 125g/km carbon dioxide limit for all new cars from 2015. Porque? According to Kelly, the onus it puts on car manufacturers that sell only a few high emission cars (Aston Martin/Bentley) is unfair. It may not be a problem for the Seats and Citroens of this world, but Britain still has a few small marques. This isn't America, so she's not asking for all emission standards to be thrown out of the window. She merely wants a target date to be 2020 or 2025 so that smaller manufacturers can prepare for the stricter standards. And by prepare, one can only hope that she means an Aston Martin Hybrid Estate, Bentley Continental Hatch or other brand dilution that results in a cheaper ride.[What Car]

Drivers of Odd Marques Best in Britain, Flash Gits Worst

Davey G. Johnson — Mon, 05 Dec 2005 18:09:21 EST

Vintage Triumph drivers took first place in a survey commissioned by eBay Motors and administered by Mensa on motoring knowledge. The worst? Folks with more money than brains who fancy themselves a bit Bond-y: Aston and Bentley drivers. Oddly enough, Dodge owners came in second. Since both Triumph and Dodge enthusiasts are regarded as a bit off in the UK, it makes sense that they'd take such pride in knowing the rules of the road as well as the ins and outs of their cars.

Of course, we get the feeling that American Dodge drivers might not come off as well if subjected to the same metric. (Although Dodge-driving us did score 100% on our driving test and has been to traffic school on numerous occasions.)

Top cars but 'the worst drivers' [UTV]

Related:
UK Motorists' Cars Take a Beating [Internal]