Profits Gained by Corruption

The state’s laws that allow any vehicle powered solely by an internal combustion engine using only gasoline with the ability to achieve the classification as a “low emission vehicles” (LEV) and thus create a vehicle exemption program within the smog program are in violation of the rules of the Clean Air Act.

The Act requires the state to have an “Inspection and Maintenance program” for the vehicle’s “onboard diagnostic system”, to monitor and inspect for “malfunction and deterioration” by “requisite technology” (i.e., dynamometers) in “actual current driving conditions”, and to “restrain any person that causes pollution” by in-use vehicles that are under “warranty" or in their “useful life”.

 The state’s concept of labeling new vehicles that have “low emissions” as LEV’s is without the ability to “confirm the accuracy” that any “in-use”, “warranty” or “useful life” vehicle can maintain a fail rate of less than 10% while remaining free of malfunction and deterioration.  This concept is without logic and is corrupt.  The state’s allowance of two monitors in a “not ready” status and “cut points” above emission standards while still claiming that a vehicle is an “LEV” is an insult to common sense.  This attack on the I/M program by the concept of “LEV’s” empowers the state to create - by concept - any arbitrary number as the LEV standard to justify the selling of the people’s Air.  By exempting resale smog check fees in order to gain profits via the abatement fee, and by eliminating inspection maintenance costs altogether for the vehicle resale industry the state clearly shows its disregard and inability to conform to its own rules and the rules of the Clean Air Act.

 The state’s loss of income from the 5^th and 6^th years of smog check certificate fees on 1.2 million vehicles is over 13 million dollars.  The increased cost of $3.75 over the $8.25 certificate fee for the $12 abatement fee amounts to an additional income of $4,500,000 each year ($12.00 – $8.25, and the difference multiplied by 1.2 million = 4.5 million in profits).  The loss of four years of income from the absence of the $8.25 resale smog check certificate fees for 678,530 vehicles is over 5.5 million dollars.  To recoup the loss of income from the certificate fees, the state has in turn charged the consumer a more expensive $12 abatement fee for the same resale vehicles that the state exempted.  This results in a $2,500,000 profit.

Over 5.7 million of the 20 million vehicles in the state are under the warranty of the new vehicle industry and the vehicle resale industry.  

The state’s concept of using corrupted numbers to justify the classification of vehicles as LEV’s for monetary exchange, gain, or for donation by the vehicle industry is unacceptable.  To exempt the vehicle resale industry from the I/M program (which removes their cost for smog checks and repairs) and then charge the consumer an abatement fee for that exemption shows the intent of collusion between the state and the vehicle resale industry, removes all credibility of the state’s own rules that are based on concepts, and clearly illustrates the vacated rules of the Clean Air Act of 1990.  The collusion, corruption, and violations must Stop Now. 

Vehicle resale industry must operate by the principles of “time is money”.  They can not and will not waste the time and money to assist in true and accurate testing.  The idea that the vehicle resale industry would take the time and expense to verify the state’s concept that vehicles may meet emission standards for the possible classification as LEV in order to support the exemption would be ludicrous when the exemptions increase the profits for the vehicle resale industry and state.

The fact that many of the newly manufactured vehicles are tested and certified as LEV's before they are sold to the consumer doesn’t stand to logic.  After these “LEV’s” are sold to the consumer, the vehicles will experience deterioration and malfunction caused by normal use and no longer produce the arbitrarily set low emissions standards that were met at the time the vehicle was brand new.  If this were not a reality, then there would be no need for the Clean Air Act.

The fact that LEVs do not have the capability of maintaining LEV stable statistics through their in-use useful life of maintenance and warranty is evidenced by their requirement to conform with inspections in accordance to the I/M program of the Clean Air Act Sec 202 (m) (3).