Leno’s Law

By Jeff Shively

Originally published in the May-June 2025 Lincoln and Continental Comments magazine (Issue # 384)

Photos courtesy of the author.

Sometimes, it helps to have friends in high places. Most Americans have a high opinion of Jay Leno. As the host of The Tonight Show, he tended to poke fun at the foibles of both sides of the aisle, much like Johnny Carson before him. His point was to entertain without alienating a large portion of the audience. In recent years, he has been known more as a car guy’s car guy. Through his television and YouTube programs, he has introduced many more people to the world of the collectible automobile than any one of us ever could, and for that we owe him a debt of gratitude.

Now, he is helping out again. Member Dean Forbes sent in a clipping from a recent issue of Old Cars magazine regarding California Senate Bill 712, dubbed “Leno’s Law.” California has the most stringent emissions standards of the 50 states. This might have made sense 50 years ago, when cars generally polluted more, and there were simply more of them in greater concentrations in California’s urban areas. Even as cars have gotten cleaner, the Golden State has had standards far in excess of other states, at least ones that haven’t adopted California standards.

A car must pass rigid emissions standards to be licensed in the state. To a certain extent, this makes sense for vehicles driven 10,000 or 20,000 miles annually on California’s crowded freeways. Applying those same standards to vintage cars that are seldom used makes less sense. As a result, there has been, for many years, an exemption in place for such cars. But this raises the question of how old a vehicle must be to be considered vintage. I recall reading about this debate as a high school junior and novice car guy in 1990 in the pages of Classic Auto Restorer, Cars & Parts, and Collectible Automobile. At the time, it was a question of deciding between a hard date that never changes or a rolling exemption. I think 1975 might have been the cutoff in those days, a mere 15 years before the current date.

Today, collector cars built prior to 1976 are exempt from California’s biennial smog checks. The current cutoff is fine for people who like 1940s, 1950s, and 1960s cars. Nothing will change for them. What has changed is the scope of collectability within our hobby. Compare the show field at last fall’s Eastern National Meet with the lineup in 1995. Where Gregorie’s gorgeous 1940-1948 Continentals, silky Continental Mark IIs, and Elwood Engel’s masterworks once dominated, Bill Blass Mark Vs, 1980s Town Cars, and sleek Mark VIIIs rule the day. The same is true in almost every corner of the hobby. 1970s and newer cars have grown exponentially in popularity over the past 20 years.

ABOVE Jay Leno during a 2014 visit to the Kokomo Automotive Museum.
The sponsor of S.B. 712, Sen. Shannon Grove (R. Bakersfield), says that it targets “unnecessary and burdensome smog check requirements for classic vehicles, ensuring they remain a celebrated part of California’s culture and economy.” Currently, vehicles that are at least 35 years old can be exempted from the smog check, provided that they are insured as collector automobiles, comply with the emissions regulations of the year they were built, pass a functional test of the gas cap, and have no visible fuel leaks. Leno’s Law simply seeks to replace the fixed date of 1976 for total exemption from smog checks to a rolling date of 35 years old. “California’s smog check laws for classic cars need to be updated – they vary too much from state to state, and California’s rules don’t match up with neighboring ones,” said Leno.

This is just common sense. The newest car that would be fully exempted today would be a 1990 model. Some opponents might say that this would open up a loophole allowing people to drive “gross polluters” every day. True, you can drive a 1990 Lincoln every day. There would probably be someone driving a junkyard refugee, but most people who own them wouldn’t do that because they see them as fun cars for occasional use. I am also old enough to remember when some of the same people who will now call a 1990 Mark VII a “gross polluter” wanted folks to surrender their 1975 Mark IVs and replace them with brand-new “clean and efficient” 1990 Lincolns when I was a teenager.

In reality, this regulation doesn’t affect Mr. Leno that much. Most of his collection has been exempt for decades. Like many of us, he understands the importance of expanding the reach of the hobby beyond its current boundaries. Buying a slab side Continental is not in everyone’s budget, but a nice 1990 Town Car (Motor Trend’s Car of the Year) might be the perfect balance of affordability and practicality, with a lot of class. Hopefully, the California Senate will join with Sen. Grove, pass this S.B. 712, and provide some relief for our collector car compatriots in the Golden State.

Jeff Shively, LCOC legislative advocate, lives in
Kokomo, Indiana

An Ethanol Story

An Ethanol Story

ABOVE: Dated August 9, 2940, this 1941 Lincoln V-12 engine is illustrative of the powerplant in the author’s Continental Coupe.  (Photo courtesy of Continental Comments # 95, Winter 1969.)

by Dr. Charles Burton
Submitted by Richard Koop

Originally published in the May-June 2020 issue of Continental Comments (Issue # 354.)

Recently I had a near-catastrophic occurrence with my 1948 Mercury Convertible’s fuel system, which is very similar to my 1941 Lincoln Continental fuel system. One afternoon, I drove my car hard up the mile-long road to our home and parked it in the garage attached to the house. The next morning, my son come over for coffee, and after raising the garage door and coming into the kitchen, he said: “there is gasoline on the floor in the garage.” My reply was that “all old cars smelled after being driven.” He said, “no,” I went and looked, and there was a large puddle of gasoline that had flowed from the engine area out from under the car. There was a large freezer less than four feet from the pool. I opened the other garage door and turned on a fan to blow the fumes out of the garage. I then used paper towels to absorb the gas that was not under the car. Looking under the car, I did not see any gas dripping. I called my expert old car mechanic, and we agreed a carburetor leak would not have produced such a large amount of gas overnight. Looking in the engine compartment, there did not seem to be any evidence of a leak.

Because of the pooled gas under the car, the Mercury had to be moved outside. Using a heavy rope attached to my truck, I pulled it out into the driveway. Since the driveway is up a hill out of the garage and with the front of the car pointed downhill, gas started dripping from around the engine oil pan onto the pavement. I put a container under the engine and cleaned up the garage puddle. Inspection under the car revealed gas coming from the oil pan, where the oil tube attached. The gas was floating on top of the oil in the pan. The Mercury’s fuel pump is attached to the oil filler tube. It was clear that the rubber diaphragm inside the pump developed a tear. The auxiliary electric fuel pump had helped force gas into the oil filler tube and then into the engine. I have used non-ethanol gasoline since I’ve owned the car, but the previous owner had used ethanol gas, which is destructive to older rubber products. Our Lincoln’s stock V-12s don’t have an oil stick, and gasoline in the crankcase cannot leak out. However, some owners have converted their cars to Ford V-8s, so this is a genuine possibility for them.

My expert mechanic had an engine explode and burn. A similar scenario that caused that disaster had also happened in my Mercury. A new mechanical fuel pump should be rebuilt with ethanol-resistant components. You may reduce your chances of a catastrophe by using only the electric fuel pump and bypassing the original one. If you continue to use the mechanical pump, replace it if you have used ethanol gasoline. Turn off the auxiliary electric fuel pump when not needed, and pray this will not happen to you and your car. I am blessed I did not lose two vehicles and my home.

 

ABOVE: A 1947 Mercury Convertible Coupe, similar to the author’s 1948 model.  (From The Old Car Manual Project.)

Dr. Burton is a retired 83-year-old surgeon from Macon, Ga. who practiced for 40 years. The 1941 Lincoln Continental was his dream and he purchased it in the 1970s from the original owner’s family.