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'Widespread fraud' in California's smog test program

State aims to make major changes after finding that nearly a third of older cars fail roadside smog checks within a year of passing at test stations.

February 25, 2010 | By Margot Roosevelt

Nearly a third of older-model cars stopped for roadside smog tests in Southern California failed them, despite having received a passing grade at inspection stations within a year, a state audit has found.

The results of those surprise inspections of 6,000 models manufactured before 1996 have led law enforcement officials to crack down on unscrupulous stations, step up fines and file more criminal charges.

"We found widespread fraud in the program," said Leo Kay, spokesman for the California Air Resources Board, which is sponsoring the bill.

"There are quite a few people out there who will get your dirty car passed," said Tom Cackette, deputy director of the board. "You can stick a probe up the tailpipe of a clean vehicle. And the dirty car doesn't get inspected but it gets certified. We put people in jail for that. Undercover activity shows it is prevalent."

The legislation, introduced this week by Assemblyman Mike Eng (D-Monterey Park), also would fundamentally change how the majority of inspections are done. Testers would be required to use a hand-held scanner that reads data from on-board computers found on post-1996 cars, which report the vehicle's performance over time. Tailpipe-and-treadmill testing, which is more susceptible to manipulation and fraud, will be phased out as older cars leave the state's roads. Bill backers expect the test, used in 22 states, to take half as much time, which could drive down prices for consumers.

The computer device would register the car's model and VIN, making fraud difficult. Information gleaned from onboard computers, which monitor components from catalytic converters to gas caps, would go directly to the state Bureau of Automotive Repair.

Some 23 million motorists are included in the state's smog test program and would be affected by the proposals. Cars made before 1996 constitute only a quarter of the fleet but account for three-quarters of vehicle pollution, the board says.

By cracking down on smog check stations, the state estimates it will prevent an additional 70 tons of pollutants per day from fouling California air, on top of the 400 tons daily that the smog test program is credited with averting.

"This new and improved program will have the same result as taking 800,000 old cars off the road," said board Chairwoman Mary D. Nichols

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