The California Engine Swap Legalities

The Basics of an Engine Swap in California

An engine swap is the process of replacing an existing engine in a vehicle with a different engine. This can be done for various reasons, including the desire for more power, better fuel efficiency, or to comply with specific regulations or requirements. If you have an older engine in your vehicle that does not meet current emissions standards, replacing it with a newer, clean technology engine can significantly reduce harmful emissions and help California meet its air quality goals.
Aside from emissions compliance , vehicle owners may choose to swap engines to improve their performance or fuel economy. For example, some owners may want to improve their vehicle’s towing capacity or acceleration, while others might be looking to get better mileage to save money at the pump.
Common engine swaps include:
The purpose of swapping engines in a vehicle is to improve the way it drives—in terms of acceleration, efficiency, or emissions. The most common reason California vehicle owners might swap engines is to upgrade to a newer, cleaner technology engine to reduce emissions and improve air quality.

Emission Guidelines for Engine Swaps

California imposes stringent emission regulations that pertain to vehicle modifications. Under the California Code of Regulations Title 13 §§ 2403 & 2404, if you are a resident of California you may not modify or replace the engine in your vehicle with an engine that is not "certified" for your vehicle year, make and model. Theoretically, this means swapping an LS engine into your car is prohibited, since LS engines are not certified for use in the majority of vehicles. There is also a restriction on taking an engine that is certified for a 2017 Chevrolet Silverado for use in a 1975 Chevrolet Nova; since the engine is certified for one specific application, it may not be utilized in any other application.
If you modify your engine in California and create greater emissions than what it was certified for from the factory, you are violating the Clean Air Act. The California Environmental Protection Agency Air Resources Board monitors emissions of motor vehicles for that very reason. The first line of defense used is the state smog check program, which is backed by law. If your vehicle was manufactured after 1976, it is required to be registered and pass the smog check program. Failing to pass the smog check program comes with hefty fines.
For an engine swap, the smog station manager can sign off on the change. However, they often are not equipped to understand the inner workings of your engine. If the swap is too extreme, the station manager can sign off, but mark the report as incomplete. This is a big red flag to the state, which will equate "incomplete" with "illegal engine swap." It is then up to the state to challenge the engine swap and often leads to a thorough investigation and either hands on your build or pulling no punches on the penalties.
If your vehicle is deemed to produce emissions greater than its original certified emissions, you are subject to fines of up to $500 for each excess gram of hydrocarbons, carbon monoxide, and nitrous oxide from the exhaust for each of the various pollutants emitted. This can lead to hundreds of thousands of dollars in fines, as the state has the ability to challenge your emissions for up to 2 years after the swap and they are willing to fully exercise those rights.
To prevent the heavy tax burden, it is best to not only pass the initial smog test, but to actually keep your vehicle emissions compliant even after the swap. It can be difficult and tedious to dial in a swap engine to the standards set by emissions testing for a vehicle. But the alternative can lead to a very significant expense. It is best to know your local laws and be compliant with your vehicle changes.

Legal Guidelines on Engine Swaps

Performing a legal engine swap in a car that will remain registered in California involves a series of documented steps to ensure compliance with state law. The first step in the process is obtaining an Engine Change Notification Form (ECNF) from the California Department of Motor Vehicles (DMV). In the past, applicants were able to complete a "self-certification" process, but current regulations mandate a much more formal set of requirements. Those performing an engine swap in California are required to present the following documents for approval: Applicants may need to provide receipts for itemized costs as verification of all expenditures as well. After all documents are approved by a DMV official, they will be returned, along with a VIN Verification number that will be required on the next visit to the DMV. It will then be time to obtain a Visual Inspection from a certified Referee. The Referee is authorized to inspect and certify the new emission components for compliance with California regulations. A standard fee typically accompanies this certification process, which varies minimally among counties. The Referee may ask for the same set of documentation as the DMV. Once this inspection is complete, they will also provide a VIN verification number to the applicant. The final step in a legal engine swap is obtaining a smog certification following a pass at the Referee’s inspection. The vehicle must undergo the smog test at a Bureau of Automotive Repair (BAR) Smog Check Station, or a Smog Check Inspection only station. After the vehicle passes inspection, a sticker will be affixed to the engine compartment, along with a number that is necessary for updating the vehicle’s registration with the California DMV. Additionally, the applicant will receive a Certificate Emission Control label that is to be placed in the engine compartment as well, and a CD containing the vehicle’s application information. Once the engine swap is complete, the final item needed to legally swap engines in California is to update the vehicle’s title and registration. A new application must be submitted to the DMV for a change in engine specification. Fees will again apply, similar to those incurred when submitting the original documents for the engine swap. Once all information is confirmed and processed, the new title will be sent from the DMV.

How to Select Proper Engine for Swap

When choosing an engine for swap in California, it is important to find an engine that meets California legal requirements. This means that you may not necessarily be able to purchase the engine that you want in your build. The first thing to consider is the engine’s compatibility with other current "smog legal parts" on your vehicle. Even if you find a motor that complies with CARB’s requirements, it may be illegal for you to install it in a vehicle that was not originally equipped with that motor. For example, you may not be able to install a modern V8 in an early Volkswagen Bug, since it never came with such a motor. Even if you modify or upgrade your draw-through carburetor or adjust the boost on your supercharger, that will not resolve the issue. You must switch out any parts that are not compatible with your build. This may sound tough, but upgrading your parts can bring your vehicle up to date and make it eligible for several modification options that were previously not available. Lightweight classic vehicles with upgraded parts are now very popular among car enthusiasts.
It is also important to ensure that the engine you are purchasing has either a CARB E.O. Number or a CARB Executive Order. CARB is a division of California EPA. They need to approve of every aftermarket system that you purchase before you can use it within a vehicle. If your vehicle fails the emissions test during the annual smog check, the only way to fix the problem is to revert back to a "smog legal part" set-up on the vehicle. There are also emissions modifications that can be made to upgrade your vehicle without going through the smog process. These emissions regulations only apply to engine swaps in the California, so make sure that you are not purchasing parts that are illegal for you to use within your vehicle. If you attempt to install them, you will end up paying more money to fix the problem.

The Importance of a Professional Installation

There is a common misconception among many engine swap enthusiasts that they can do the entire job themselves without any assistance, as the entire procedure seems quite straightforward. However, taking on the task yourself without any prior experience or technical skills can have disastrous results for both your car and your own well-being if something goes wrong. Instead of embracing the idea of doing everything yourself, it is often a better option to hire a professional mechanic for expert assistance, to ensure that everything is done to a high standard.
Professional mechanics have years of experience under their belt, with a level of training that allows them to carry out almost any type of automotive work you could imagine. Mechanics will also be able to handle any parts that aren’t included in the general price, such as wiring, sensors or emissions systems that may need re-calibrating or replacing. Likewise, a mechanic will be able to help you work around potential issues and make sure your vehicle has full functionality once the job is done.
If you hire a certified professional with a body shop of their own, it’s likely that they’ll have much or all of the equipment and staff they need on hand to handle the swap. This means you won’t have to worry about sourcing parts , buying specialist equipment or charging your battery backup after the swap process. In addition, certified professionals will be able to help you correctly reprogram your vehicle-specific software to ensure that all the upgrades to your interior and engine are graded to the correct specifications.
A further advantage of hiring a professional for your engine swap is that fact that the work they complete will be fully compliant with California law, so you’ll have no need to be back and forth to DMV dealing with dropping emissions levels or upgrading safety features. Moreover, professionals will warranty their work for both parts and labor, so you won’t be left out of pocket if something doesn’t work as intended.
While there is nothing like doing your own work to upgrade your car, engine swaps are a far more complicated task than many people first realize. If you care about your car, you’ll want to make sure that your new engine works without a hitch and that you don’t encounter any hidden problems when performing the swap. By enlisting the help of an experienced professional, you can rest assured that your car or truck is in safe hands.

Certification and Testing Procedures

Lastly, for California, the air quality management districts (AQMD) and the Bay Area Air Quality Management District (BAAQMD) have to approve the emission system setup. In order to certify the vehicle, the vehicle must pass smog check for emissions and is subject to inspections every two years. However, the California Department of Consumer Affairs, Bureau of Automotive Repair and the California Highway Patrol perform a final inspection of the vehicle to ensure that the overall fit and finish of the engine swap is satisfactory for passing potential roadside and smog checks. The emitter must be ready for the smog tests with a working check engine light and all sensors in place. The vehicle must be complete with all necessary working parts, such as mufflers, catalytic converters and exhaust pipes.

Keeping Up With Evolving Regulations

As with most laws and regulations, the state of California’s rules on engine swaps are not immune to change. In fact, regulations pertaining to vehicle modifications, including engine swaps, in California are constantly on the move. Whether it’s changes in emissions requirements, certifications or eligibility of vehicles, the best way to make sure that you are swapping legally is to stay informed of these developments as they happen. A good place to start is the Bureau of Automotive Repair (BAR). The BAR website provides tools, updates, and information regarding all things automotive. It also includes the official recommendations, guidelines and specifications for legal engine swaps in California. The BAR runs a program known as the Engine Calibration Inspection System (ECIS), which allows BAR referee stations to issue certificates of compliance for cars which have undergone swaps which match the vehicle and engine requirements of the recommendations . The ECIS recommendations are also the guidelines that a swaps must meet to be legal. The regulations for swaps can sometimes be difficult to digest, but the instructions on the last page of the ECIS recommendations are pretty clear. Another source I use regularly in my research is the DMV website, specifically the Frequently Asked Questions (FAQ) section. While the BAR and California’s Department of Motor Vehicles (DMV) provide useful general guidance about engine swaps, these websites may not always directly answer specific swap-related questions. In those instances, talking to an experienced attorney who has done swaps may be your best bet. It is also worth remembering that federal regulations on emmisions may also affect your engine swap, so if you are not familiar on regulations outside the state of California, you may want to hire an attorney who is familiar with both local and federal law when considering a swap.