You asked the following question regarding the vehicle emissions inspection program: (1) how the emission standards and failure rates under the new decentralized program compare to those of the centralized program, (2) to what extent the Department of Motor Vehicles (DMV) has received complaints from motorists that they have been pressured into making unnecessary repairs to their vehicles, (3) what is the procedure for retesting a vehicle that fails the test, and (4) what is the rationale for the higher amount that a motorist must spend on repairing a vehicle that has failed the test before he can obtain a waiver on a retest.

Further information about the program is available online at http: //www. ctemissions. com/.

STANDARDS AND FAILURE RATES

The program has pass-fail standards for hydrocarbon and carbon monoxide emissions that apply to cars and light duty trucks. The standards for cars did not change significantly as a result of the shift to a decentralized testing program, according to Richard Cosgrove, DMV’s chief administrative officer. There were modest changes in the light duty truck standards. The test standards are set by the Department of Environmental Protection as part of the state’s efforts to meet federal air quality standards. The test standards vary by model year, type of vehicle,

and gross vehicle weight. The new program uses on board diagnostic systems to determine whether most post-1996 model year vehicles meet the standards; the centralized program relied on tailpipe testing.

The failure rate for all vehicles tested has increased in recent years, but this is an artifact of legislation exempting vehicles from testing for the first four years after they are manufactured. These newer vehicles have historically had very low failure rates, and excluding them from the program thus increases the failure rate. The failure rate for comparable vehicles before and after the shift to decentralized testing has not changed significantly.

COMPLAINTS

There have been some complaints of inspection stations recommending unrelated repairs after a vehicle fails the emissions test or requiring that a vehicle undergo a safety examination before it is tested for emissions. But Cosgrove estimates that fewer than 1% of the approximately 300,000 vehicle owners who have gone through the decentralized testing program have complained to DMV regarding the behavior of inspection station operators.

DMV has taken several steps to minimize the risk of abuse by the operators. DMV technicians take unmarked cars that either meet the emissions standards or have been modified to cause specific test failures to inspection stations in order to determine the competence and honesty of the station operators, according to Cosgrove. In addition, DMV routinely audits the performance of stations to determine if there are any anomalies in their test results.

RETESTS

After testing, the inspector gives the owner a Vehicle Inspection Report (VIR), identifying the pollutants emitted by the vehicle. If a vehicle fails its initial emissions test, the report will identify the possible causes of the failure. The VIR also includes an Emissions Repair Report Form and a list of the registered emissions repair facilities in town. Inspection stations must provide this list to the motorist. A list of facilities in nearby towns is available upon request. The statewide list is available on-line at http: //www. ctemissions. com/repair-shops. asp.

The owner has 30 calendar days from the initial test to (1) have the vehicle’s emissions problems fixed and (2) receive a free retest at the original inspection station. If an owner believes that his vehicle actually

meets the standards even though it failed its initial test, he can take it to a DMV facility in Cheshire for a challenge test to confirm or refute the original test.

In some cases, owners choose to have diagnostic tests done on their vehicles before having them tested. DMV does not regulate the rates charged for this service.

WAIVERS

Environmental Protection Agency regulations (40 CFR § 51. 360) establish provisions for states to issue waivers for vehicles that fail an emissions test and whose owners spend a specified amount of money to meet the emission standards without success.   For states such as Connecticut that must have enhanced emissions inspection programs, the regulations require that a motorist spend at least $ 450, adjusted annually for inflation, in repairs to qualify for a waiver.   This excludes any costs associated with restoring equipment that has been tampered with, for example if the catalytic converter was removed.   The regulations took effect in 1989. Since then, inflation, as measured by the Consumer Price Index, has increased by 47%. As a result, the minimum repair amount for 2004 is $ 660.   

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