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ARB investigation leads to $1.875 million judgment against Viva Motor Sports, Inc. for selling non-California certified vehicles

Sacramento – Thanks to an investigation launched by the ARB in 2006, the Los Angeles County Superior Court in June issued a $1.875 million judgment against several companies for importing and selling non-California certified motorcycles and off-road recreational vehicles.

Defendants in the case include Viva Motor Sports, Inc., of Los Angeles, along with DEC 26, Inc., BH Motorsports, Inc., Nitro Motorsports, Inc, and their associated businesses, all based in the Los Angeles area.

“There are plenty of great motorcycles that meet clean air standards. Most dealers know this and carry only bikes that have their California smog certificate. Those who try to cut corners put themselves in a lose-lose situation,” said ARB Chairman Mary D. Nichols. “Violators pay penalties and damage their reputations while putting public health at risk.”

The companies will pay a total of $268,000 and the balance of the fine will be stayed, pending no further violations. In addition, the defendants are permanently enjoined from acquiring, offering for sale, or selling uncertified motor vehicles for use, registration, or resale in California and falsely representing that a vehicle is certified.

During routine inspections of area retail establishments in 2006, ARB investigators observed a variety of all-terrain vehicles and on-road motorcycles for sale that were not certified to California’s strict emissions standards. Investigators traced the models to their importers, Viva Motor Sports, and the other cited companies. Hundreds of the vehicles had already been sold to California residents. While many purchasers returned them for refunds, those who chose to keep them are subject to “registration stops” which prevent future registration in California.

Vehicles that do not meet California’s tough emission requirements create higher amounts of smog-forming pollutants, which can then exacerbate respiratory ailments and negatively affect other health conditions.

The Air Resources Board is a department of the California Environmental Protection Agency. ARB’s mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.

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ARB investigation leads to $33,000 judgment against Bay Area dealer of “pocket bikes”
Vehicles were uncertified, illegal to sell in CA

SACRAMENTO – An investigation by the Air Resources Board has led to a $33,000 judgment issued in June by the Alameda Superior Court against Alameda-based Scooter Importers for selling uncertified off-road vehicles and “pocket bikes.”

Despite their resemblance to legally certified motorcycles, these pocket bikes, which are small enough to be picked up and stored in the trunk or back seat of an average car, did not meet State safety or emissions standards for on-road vehicles and cannot be sold in California. All the uncertified vehicles were manufactured in China.

“Breaking clean air laws costs violators money,” said ARB Chairman Mary D. Nichols. “But more than that, it costs millions of Californians their health. These pocket bikes may be cute but they can produce 100 times the emissions of a clean new car.”

Scooter Importers was issued three Notices of Violation for selling the uncertified vehicles. A settlement was not reached, so the case was referred to the Alameda County District Attorney’s Office for prosecution. A judgment was ultimately entered in Superior Court in the amount of $33,000 for Health and Safety Code violations. The Air Resources Board will receive $7,000, while the Alameda County District Attorney’s Office will receive $8,000 and the Alameda County Treasurer $18,000.

In addition, Scooter Importers was permanently enjoined from acquiring, offering for sale, or selling uncertified motor vehicles for use, registration, or resale in California.

Vehicles that do not meet California’s tough emission requirements pose real danger to residents. They create higher amounts of smog-forming pollutants, which can then exacerbate respiratory ailments and negatively affect other health conditions.

The Air Resources Board is a department of the California Environmental Protection Agency. ARB’s mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.

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private party sales

require the owners name on title to match the sellers name

ALWAYS check and verify the sellers ID when making

a private party purchase

the seller must ALWAYS provide a current smog certificate

if the seller is not on title

and there is no smog certificate with the car

BUYER BEWARE

WALK AWAY FROM THE DEAL

new california law ( Jan. 2009 )

imposes seizure and impound rules

on private party sales if the seller is not the owner on title

( You may sell up to 5 private party vehicles per year )

unlicensed car dealers, known as curbstoners

are in a grace period

dmv and local law enforcement have been advised

on this new law

POST ADVISORY from a law enforcement bulletin:

VEHICLE REMOVAL
Vehicle Code Section 22651
Chapter 736 / Assembly Bill 2042

SUMMARY: This new law authorizes a peace officer to
remove a vehicle when the driver is cited for a
violation of acting as a dealer,
manufacturer, or transporter without
the required license or temporary permit
issued by the Department of Motor Vehicles (DMV)
while the vehicle is being offered for sale.

HIGHLIGHTS:
Section 22651 VC was amended
to allow a peace officer
to remove a vehicle after issuing a citation for a
violation of Section 11700 VC,
if the vehicle is being offered for sale.

WHAT THIS BILL MEANS TO LAW ENFORCEMENT:
This new law authorizes a peace officer to remove
a vehicle upon issuing a citation to an individual
who is conducting business as a vehicle dealer for profit
without having a valid license or permit from the DMV
if that vehicle is being offered for sale.

The purpose of this bill is to deter persons from
fraudulently acting as a car dealer
without the appropriate license.
Unlicensed dealers create potential harm for buyers
who purchase vehicles without the protection against
unpaid back fees, unpaid parking tickets,
lack of appropriate smog certificates,
or who unsuspectingly
purchase vehicles that were previously stolen or salvaged.

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unlicensed car dealers

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