Jay Leno’s Law: California’s Classic Car Smog Exemption, Explained (SB 1392)
Governor Newsom signed SB 1392 on September 16, 2026. It phases in a full smog exemption for collector cars built from 1976 to 1985 — but only for cars that truly live as collector vehicles. Here is who qualifies, from when, and what to do until then.
TL;DR
- Signed: September 16, 2026, by Governor Newsom at Jay Leno’s Burbank garage. SB 1392 — “Jay Leno’s Law,” Chapter 245, Statutes of 2026, by Senators Cortese and Grove, backed by Leno and SEMA.
- What it does: a full smog-check exemption — at first registration, at every renewal, and when the car is sold — for qualifying collector cars, model years 1976–1985.
- When: it phases in. 1976–1980 cars from January 1, 2028; one more model year every January 1 after that; 1985 cars join January 1, 2033. Then it stops — 1986 and newer never qualify. This is not a rolling exemption.
- The catch: the car must be a legal “collector motor vehicle” — at least 35 model years old, insured as a collector vehicle (route opens 2028) or driven fewer than 1,000 miles a year (route opens 2030) — and used mainly for shows, parades, charity events, and exhibitions. Never your primary transportation.
- Today: nothing changes. There is no application yet — the Bureau of Automotive Repair (BAR) still has to publish the forms and the process. Anyone selling a “Leno’s Law exemption service” today is ahead of the law.
Last verified against official sources: October 2026
What Jay Leno’s Law Actually Does
On September 16, 2026, Governor Gavin Newsom signed Senate Bill 1392 — officially “Jay Leno’s Law” — at Jay Leno’s garage in Burbank. The bill, written by Senators Dave Cortese and Shannon Grove and championed by Leno and SEMA (the Specialty Equipment Market Association), reopens a door California slammed shut two decades ago: a smog exemption for cars newer than 1975.
But read the headlines carefully, because “cars up to 1985 are now smog exempt” is wrong twice. First, the exemption phases in over six years — nothing is exempt until January 1, 2028. Second, it only covers cars that meet the legal definition of a collector motor vehicle. As one off-road association put it to its members: simply owning a 1978 Jeep, a 1982 Bronco, or a 1985 Toyota pickup will not, by itself, make that vehicle smog exempt.
Is My Car Exempt — and From When?
The new exemption sits in Health and Safety Code §44011(a)(9). It lifts the smog certificate requirement in steps, one model-year band at a time:
| From January 1 | Newly covered model years | All model years covered |
|---|---|---|
| 2028 | 1976–1980 | 1976–1980 |
| 2029 | 1981 | 1976–1981 |
| 2030 | 1982 | 1976–1982 |
| 2031 | 1983 | 1976–1983 |
| 2032 | 1984 | 1976–1984 |
| 2033 | 1985 | 1976–1985 — final, it stops here |
Phase-in table from Health & Safety Code §44011(a)(9), as added by SB 1392. The same dates apply when a qualifying car is first registered in California and when it is sold (Vehicle Code §4000.1(d)(8)). Every date assumes the car also passes the collector test in the next section.
Three examples. A qualifying 1980 car: first exempt renewal in the 2028 cycle. A 1982 Camaro: your phase starts January 1, 2030 — until then, you smog as usual. A 1985 car: January 1, 2033. A 1986? Never — the window closes at the 1985 model year for good.
Do You Qualify? The Collector Test
The phase-in dates are only half the law. Vehicle Code §259 defines a “collector motor vehicle,” and a car must pass both parts of the definition.
Part 1 — the car. For the new full exemption, the car must be at least 35 model years old and meet one of the two pathways in the next section: insured as a collector motor vehicle, with proof of insurance submitted to BAR, or determined through a BAR process to be driven fewer than 1,000 miles per calendar year. (The wider definition also covers historical-plate cars under §5004 and special interest vehicles under §5051 — those matter for today’s partial exemption, below.)
Part 2 — the use. Whatever its age or paperwork, the car must be “used primarily in shows, parades, charitable functions, and historical exhibitions for display, maintenance, and preservation, and is not used as the owner’s primary mode of transportation.” That sentence is the heart of the law.
Two Doors In — and They Open on Different Dates
Most news coverage presents the two qualifying routes as if both start in 2028. The statute — new Vehicle Code §5040 — says otherwise. This is the detail almost every summary gets wrong:
Door 1: collector insurance — from January 1, 2028. If the car is insured as a collector motor vehicle and proof of that insurance is submitted to BAR, it is exempt once its model-year phase has begun. This is the only door open in 2028 and 2029.
Door 2: low mileage — from January 1, 2030. A car driven fewer than 1,000 miles per calendar year can qualify through a process BAR develops. Read the fine print with us: §5040(b) ties this route to subparagraphs (C) to (F) of the phase-in table, so exactly which model years it reaches in its first years is for BAR’s forthcoming regulations to spell out. What is certain: no mileage route exists before January 1, 2030, and nobody yet knows how BAR will verify your miles.
About fees and forms: the law lets BAR charge a fee for the insurance-route process, capped at no more than twice the annual smog abatement fee — but BAR has not set any amount, and §5042 gives BAR the job of writing the regulations, forms, and procedures. None exist yet, so there is nothing to file and no price anyone can honestly quote you today.
What You Can Use Today: The Partial Exemption
Here is the part most signing-day coverage mangled: California already gives collector cars a partial break, under a different provision (Health & Safety Code §44011(c)). Side by side:
| Partial exemption — in force today (§44011(c)) | Full exemption — from your phase-in date (§44011(a)(9)) | |
|---|---|---|
| Who | Collector-insured cars 35+ model years old, incl. historical-plate and special-interest vehicles | Collector vehicles meeting §259(a)(1) in the 1976–1985 phase-in years |
| You skip | The visual & functional inspection of emissions control devices | The smog check and certificate requirement — at first registration, renewal, and transfer |
| You still do | Pass the tailpipe test, the fuel-cap check, and the fuel-leak check | Follow BAR’s qualification process (insurance proof from 2028; mileage process from 2030) |
| When | Now | January 1, 2028 → January 1, 2033, by model year |
If a report tells you the new law still requires a fuel-cap test, it has pasted the old partial exemption onto the new one. They are separate provisions — keep them in separate boxes, the way the statute does.
Your Next Renewal: What To Do
Selling a Qualifying Car
Normally, a California seller must hand the buyer a smog certificate (good for 90 days) for any 1976-or-newer car. SB 1392 adds the collector exemption to the transfer rules too: Vehicle Code §4000.1(d)(8) repeats the same phase-in table for sales. Once your car’s phase has begun and the car qualifies as a collector vehicle, no certificate is required at transfer either. Before its phase — or if the car is a daily driver — the seller still owes the certificate. The separate family-transfer exemptions are unchanged.
What Leno’s Law Does NOT Change
- Cars built before 1976: already exempt, long before this law. Nothing new for you.
- 1986 and newer: never covered. The window closes at the 1985 model year permanently — it does not roll forward each year.
- Everyday 1976–1985 cars: standard insurance, daily use — still smogged every two years, exactly as now.
- Diesel rules: untouched. This law adds nothing for diesel vehicles.
- The 8-year new-car rule: a separate exemption for new cars. Leno’s Law does not change it, and it does not extend it.
- Emissions equipment: the law removes a testing requirement. It does not authorize removing or tampering with emissions controls — that stays illegal.
Why It Took 20 Years
California once had a rolling exemption: SB 42 (1997) exempted cars 30 years and older starting in 2003. AB 2683 (2004) repealed it and froze the cutoff at pre-1976 from April 2005. In 2025, the first Leno’s Law — SB 712, a rolling 35-year exemption — died in Assembly Appropriations. SB 1392 is the compromise that survived: a fixed ten-model-year window plus collector-use tests.
The compromise was shaped by real opposition. The American Lung Association’s Will Barrett warned that some 1980s vehicles emit “more than 100 times the tailpipe pollution of a new vehicle.” The narrow window and the use tests were Sacramento’s answer. Leno thanked the governor for sticking “with this legislation through the last couple of years to preserve California’s classic car heritage,” adding: “The car community has been waiting on this for a long time.”
Frequently Asked Questions
Does Jay Leno’s Law apply to my car right now?
No. Nothing changes before January 1, 2028. Until your model year’s phase begins — and until BAR publishes its process — your car follows today’s smog rules in full.
Which cars qualify for the Leno’s Law smog exemption?
Collector motor vehicles from model years 1976–1985, phased in from 2028 (1976–1980) to 2033 (1985). The car must meet Vehicle Code §259: at least 35 model years old, insured as a collector vehicle or driven under 1,000 miles a year, and used mainly for shows, parades, charity functions, and exhibitions — not as your primary transportation.
Do I still need to smog my 1976–1985 car before 2028?
Yes. The first exemptions start January 1, 2028, and only for 1976–1980 cars that qualify as collector vehicles. Every other 1976–1985 car is smogged on the normal cycle until its phase begins.
My car is older than 1976. Does Jay Leno’s Law change anything for me?
No. Cars manufactured before the 1976 model year were already exempt from the smog check requirement, and SB 1392 does not change their status.
How many miles can I drive under Leno’s Law?
The low-mileage route is fewer than 1,000 miles per calendar year — but that pathway only opens on January 1, 2030, through a verification process BAR has not created yet. From 2028 to 2030, the only route is collector insurance.
What is a “collector motor vehicle” under SB 1392?
Vehicle Code §259: a vehicle that is (1) at least 35 model years old and insured as a collector vehicle with proof submitted to BAR, or determined by a BAR process to be driven fewer than 1,000 miles a year (the definition also covers historical-plate and special interest vehicles), and (2) used primarily in shows, parades, charitable functions, and historical exhibitions — not as the owner’s primary mode of transportation.
Can I remove my car’s emissions equipment once it’s exempt?
No. SB 1392 removes the smog check and certificate requirement for qualifying cars. It does not authorize removing or tampering with emissions equipment, which remains illegal.
Does the exemption apply when I sell my car?
Yes — Vehicle Code §4000.1(d)(8) mirrors the same phase-in table for transfers of ownership. Once your car’s phase has begun and it qualifies as a collector vehicle, no smog certificate is needed at sale. Before that, the seller still provides one.
How do I apply for the exemption?
You can’t yet — there is no application. Vehicle Code §5042 requires BAR to write the regulations, forms, and procedures first. BAR may charge an administrative fee for the insurance route, capped by law at twice the annual smog abatement fee, but no amount has been set. Beware anyone selling a “Leno’s Law exemption service” today.
What happened to SB 712, the original Leno’s Law?
SB 712 (2025) would have restored a rolling 35-year exemption. It died in the Assembly Appropriations Committee in August 2025. SB 1392 is the narrower compromise that passed: a fixed 1976–1985 window, phased in, with collector-use tests.
Related Guides
Own a 1976–1985 Classic?
Your full exemption may still be a few Januarys away — but a partial exemption for collector-insured cars exists today. See every smog exemption you can use right now.
See Today’s Smog Exemptions →Last verified against leginfo.legislature.ca.gov, bar.ca.gov and dmv.ca.gov: October 21, 2026. Requirements change — confirm current rules with BAR or the DMV before your visit.