Motor Swap Rules for California

Motor swaps have become a popular trend amongst automotive enthusiasts in California. From an engine upgrade, to a larger capacity engine, to simply replacing a worn out engine, motor swaps are not too uncommon to see in California. However, it is important for car enthusiasts to understand the rules relating to motor swaps in California, and the necessary steps to complete them. As motor swaps roam the streets of California, we can’t seem to miss the white and black letters indicating a motor swap on those vehicles’ windshield. It is no secret that California has some of the strictest vehicle regulations in the nation. These regulations also extend to motor swaps.
It is important to know that motor swaps are more than just an engine replacement to the untrained eye. Putting aside the fact that motor swaps require technical expertise, motor swaps are not as easy as they seem to be on the outside. Motor swaps require various filings , inspections, and applications to the California Bureau of Automotive Repair. In addition, car enthusiasts who perform motor swaps are required to appropriately do so to their vehicle without getting fined by law enforcement.
Motor swaps can be a simple engine replacement for larger engines, such as switching a 6-cylinder engine for an 8-cylinder engine. Or, motor swaps can be for cosmetic reasons, such as swapping out an engine from an import vehicle for a V8 engine. Regardless of the type of motor swap performed, motor swaps signify that the vehicle’s engine has been swapped out and replaced. In many cases, motor swaps are required after a car accident in which the previous engine was totaled. This article will demonstrate how car enthusiasts can legally make motor swaps to their vehicles through the reorganized laws surrounding motor swaps in the state of California.

Emissions Requirements in California for Engine Swapping

California imposes some of the strictest emissions standards in the nation, and these standards apply to motor swaps as well. The California Air Resources Board (CARB) is responsible for regulating vehicle emissions, and all vehicles on the road in California must be certified by CARB.
The Motor Vehicle Program of CARB covers emissions from traditional vehicles and hybrid vehicles that use a combustion-based engine. The on-road program does not regulate all vehicles. For example, off-road small engine sources and off-road medium and heavy vehicles are under the purview of other programs of the California Environmental Protection Agency. Additionally, many smaller and low-emission vehicles are under the purview of the Department of Motor Vehicles.
California Environmental Quality Act (CEQA) compliance in local areas is the responsibility of Regional Air Pollution Control Districts or County Air Districts, which work collaboratively with CARB to develop State Implementation Plans and establish standards for new vehicles and fuels.
CARB bans the sale of the most popular emissions modification products, and they aggressively enforce these violations. CARB’s certificate appears on the engine or motor to certify that the component is compatible for sale and use in California and meets federal, state and/or local emissions requirements. Under the California Code of Regulations, the purchase and sale of products that do not meet emissions standards and do not bear the appropriate certification statement are prohibited.
The basic rules of thumb concerning engine swaps in California state that the engine cannot be older than the car on which it is being installed, and only certified parts that are properly tagged can be used in any engine swap.

Configuration Requirements for Engine Swaps

The legal requirements for engine configuration when swapping an engine into a vehicle are fairly straightforward and include several conditions. You must retain all original parts, including emissions components such as catalytic converters, and you must use a motor from the same model year or newer.

The Importance of Referee Stations

California’s Referee Station’s role in the motor swap certification process is as such: the California Air Resources Board (CARB) has asked that all motor swaps be brought to a station where an official inspection will be performed and once a passing inspection is made a Compliance Certification will be given to the applicant.
The referee staff will verify whether or not the motor in the motor swap vehicle is from a vehicle that is equipped with either OBDI or OBDII. Once the type of system present on the vehicle has been determined they will perform an inspection of the system, the referee will verify if the components of the system are similar or identical to that of the stock motor that was originally found in the car. If this system does not match they can inspect the vehicle and suggest possible steering components or modify the current steering components to make them more compliant with the system that is going to be used in the vehicle.
Next the referee will verify that the proper air filter has been installed into the vehicle. The air filter must be from a legal source and must be equivelant to the one originally found in the vehicles. Once that portion of the swap has been deemed correct the referee can start the exhaust inspection of the vehicle. Referees will just delete the sound heard from inside the vehicle (if applicable), and then proceed to connect the OBD II scanner to the vehicles ECU. At this time the referee is checking for the P-0401 (EGR System Malfunction), and P-0442 (Evaporative Emissions Control System Leak Detected [Small Leak]) faults.
If the referee finds that both of these faults are clear or not found they can proceed to the next portion of the inspection. That would be performing a visual inspection of the exhaust system of the vehicle. If any modifications are found to be present or if the exhaust system mateing surfaces do not meet CARB standards the referee will typically ask that the vehicle be returned to stock standard or they will request that the exhaust system be rebuilt until they have no faults present.

Typical Pitfalls and Common Penalties

To better understand the legal requirements of motor swaps in California, it’s important to also understand some of the common mistakes vehicle owners make when completing them, and what penalties they may face if caught violating any laws.
One common mistake vehicle owners make is failing to follow through with registering the new motor or notifying the DMV of the change. According to CVC §5603, an owner who brings a motor vehicle into California must register it within 20 days. Thus, a vehicle that is subject to a motor change or swap should be registered within that time frame. Failing to do so could result in additional charges. Furthermore, tampering with a VIN – whether it be the motor or the vehicle’s main VIN- is a chargeable offense , which carries a maximum penalty of six months in jail in addition to all other applicable penalties.
Moreover, CVC §5204 states that any person operating a vehicle on a roadway must display a current parking permit or year tab on their license plate. Changing the year tab on your vehicle is a major no-no, according to CVC §5205. Tampering with the year tab on a license plate is illegal unless you are expressly authorized by the Department of Justice to do so. The penalty for violating this statute is a fine of not more than $100 and imprisonment for no more than six months.
As you can see, doing an engine swap can become costly if completed incorrectly or unlawfully. This is why it is important to understand the process and carefully follow all steps as necessary.

Keys to a Successful Engine Swap

Before you embark on your motor swap, be sure you understand all the components involved and also the regulations that deal with changing the engine in your vehicle. With a little knowledge, careful planning, and reasonable attention to detail, you can perform a successful motor swap.
DO YOUR HOMEWORK
Before you even begin to look for an engine for your car, here are some questions to consider:
If you answered "yes" to any of these questions, then there are options available to you to gain horsepower while staying legal.
PICKING AN ENGINE
To begin, it is important to remember that, according to the California Air Resources Board (CARB), you simply cannot pick an engine out of a poll with zero regard for vehicle application, weight ratio and other variables. Whether you are a car manufacturer or an individual swapping an engine, you must adhere to the rules and regulations set forth by the CARB or you may face stiff penalties.
VET YOUR BUILDER
Any motor swap you take on, whether involving a naturally aspirated, turbocharged, nitrous or supercharged engine, will have a street legal street legal alternative in the form of, a CARB Executive Order (E.O.). Remember, if you purchase a crate engine or loan your engine for the rebuild to a reputable builder with a good track record, you will have an easier time satisfying the CARB and DMV.
DOCUMENT YOUR BUILD
Once you have decided on the exact engine you are going to use, document the build of the motor and the modifications you will need for your vehicle. You will want to keep everything close at hand. This will save you time and money when it comes to acquiring the right documents from the builder and CARB.
Once you have the correct documentation you can head to your local DMV and, after a successful engine swap, make sure you unregister the old engine and register the new one with the appropriate engine number.

Helpful Resources and Suggested Readings

In addition to the California Vehicle Code, the following agencies maintain information that may be helpful in understanding California motor swap laws:
California Air Resources Board
The California Air Resources Board (CARB) is responsible for vehicle emission standards and testing and research of emissions levels. Their website provides information about vehicle requirements and standards at their Vehicle Emission Standards page.
CARB also maintains a list of General Public Workshops and a list of Special Public Workshops that are scheduled throughout the year on various topics relevant to CARB regulations , including engine regulations and certifications.
California Bureau of Automotive Repair
California Bureau of Automotive Repair maintains a list of licensed Smog Check stations as well as a pamphlet entitled "A Guide to Title Exemptions for Off-Road Motor Vehicles" which can help provide information regarding off-road vehicles.
Web Forums
There are many online forums dedicated to California motor swap laws that are worth a visit, including the Car Engines Swap Forum, The Old Mini Forum, and the Official ClubMR2 Forum.