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Art & Bob

In case you had not seen the recent articles:

DMV dispute scope of faulty emissions tests
April 12, 2004
Associated Press

HARTFORD, Conn. -- The Department of Motor Vehicles on Sunday said it will begin reviewing repair records of all 279 service stations participating in the new emissions program in the wake of a report that indicated hundreds of vehicles were retested without a key exhaust gas measured and still passed the emissions test.

The Hartford Courant reported in the first five months of the program, 621 cars and trucks that failed a standard emissions test were later given passing grades on an alternate test that does not check for nitrogen oxides and is considered easier to pass.

In 143 of those cases, avoiding the standard test guaranteed a passing score because the vehicles had failed solely because of excess nitrogen oxides, known as "NOx," one of three pollutants measured.

Yet testing garages persuaded many motorists to have costly emissions repairs done to pass the retest. The work was pointless, the newspaper reported.

But the DMV disputes the magnitude of that particular problem and department officials said Sunday that only 123 vehicles among the 400,000 tested since the program began in October need to be re-examined.

"The switch essentially allowed the vehicle to be tested in a less rigorous way, but still a type of test approved by the Federal Environmental Protection Agency and used by the State of Connecticut in the emissions testing program," the DMV said in a written statement.

DMV officials at the state Department of Motor Vehicles and its testing contractor, Agbar Technologies, garages may have switched some tests for legitimate reasons.

Experts say a system that does not strictly limit such test switching invites fraud.

"You're essentially passing a failing car without testing it again," said Tom Wenzel, a policy analyst for the government-funded Lawrence Berkeley National Laboratory in California who has studied auto emissions programs around the country.

DMV officials said they will review inspection records to ensure all tests were appropriate. They also promised to examine some cars that suspiciously passed to make sure the emissions-related repairs were done. Repair shops that violated rules will be expelled from the testing program and could face criminal prosecution.

"The department will begin its own internal review of the 123 instances it has identified using the newspaper's criteria," the DMV statement said. "At the moment the department is treating the newspaper's finding as allegations until the actual demonstration of a fraudulent act can be determined."

The department also stated it will now ask independent auditors reviewing the entire system to review the Courant's allegations.

"In addition, the department will also be conducting an immediate review of all repair data filed by the stations in the 279-garage network," according to the statement.

Under program rules, stations are to be suspended from the program on the first offense and expelled on a second offense if they "intentionally or negligently" pass a failing vehicle.

Michael J. Fox, director of the Gasoline and Automotive Service Dealers of America, which represents Connecticut garages, said he was not surprised that some stations had found a way to "cheat the system." He blamed the DMV and Agbar for not noticing or halting the practice sooner.

"I have no sympathy for the guy who commits fraud," Fox said, "but (Agbar and the DMV) told us they would be monitoring the whole system, live on line. I wish it had been caught sooner, so we wouldn't all look bad."