Issues and Answers
A Publication of the N.J. Freedoms Network
Volume 1, No. 6 - September 1997
The New Car Emissions Testing Program: An Update
For most New Jersey residents, news of the state's enhanced emission testing program
first appeared in October 1995 in the form of a single page anonymous flier. Significantly, neither Governor Whitman, your own state legislators, nor the media, publicized or even acknowledged the new testing program prior to that date.
While somewhat sensationalist by its written approach, and slightly exaggerated in some claims, the anonymous "Vehicle Confiscation Law" flier very accurately stated the core content and impact of the new emissions legislation signed by the Governor in June 1995 - now familiar to millions as SCS-1700.
SCS-1700 - The Facts
New Jersey's new motor vehicle inspection law essentially authorizes the state to hire a private agency to build and operate approximately 45 new inspection stations statewide. Rather than the idle speed tailpipe emissions test currently in use, each vehicle will instead be driven on a set of stationary rollers at varying speeds and engine loads - a dynamometer. Added to the current emissions checked, a new test for oxides of nitrogen will be performed as the vehicle is operated by test personnel at simulated road conditions.
More intensive physical examination for tampering will be performed, as well as a new under hood check for any signs of engine modification. The gas tank and all emissions related equipment will be pressurized to identify leaks.
Due to the combination of highly intensive testing under more stressful engine conditions, virtually all authorities agree that the new failure rate for emissions will increase from the current level of 12%. Documentation from EPA shows a designed test failure rate of 60%. Testing in California using the same type of equipment scheduled for installation here (ASM-5015) recently yielded an overall failure rate of 63% for a sampling of 4,572 vehicles; with a skyrocketing failure rate of 72% for vehicles over 10 years old.
*************************************************************************************************
"We'll have everyone either leasing their cars for two years or less,
or they'll be driving alternate fuel vehicles"
--- DMV Director C. Richard Kamin, Exxon, Linden, N.J., 11/94
*************************************************************************************************
Vehicles passing this new emissions test will benefit in not being required to return to inspection for another two years. For those that fail, the owner will have one opportunity to repair the vehicle and pass a follow-up test. In order to attempt another re-inspection, a formal written application must be made to DMV detailing the repair work already performed.
While motorists now take their vehicles to inspection in the same month in which their registration is renewed, this new program will require motorists to successfully pass the enhanced inspection PRIOR to registration renewal. Vehicles which, for whatever reason, cannot pass inspection, will have their registrations automatically revoked according to SCS-1700, page 22, line 29, which states: "The director shall deny registration to any motor vehicle that has failed to comply with applicable inspection requirements."
Built into the new inspection program is a waiver system whereby some motorists unable to pass the new enhanced emission test can apply to DMV for permission to drive their vehicle for another two years. That maximum number of waivers which can be issued is set by federal and state law at 3% of total failures. Qualification standards for receiving a waiver have not been established except for the federal requirement that a motorist first spend a minimum of $650 on DMV approved, emissions related repairs.
SCS-1700 currently specifies that no emission failed vehicle can be driven, parked nor operated on any New Jersey road. Following the enactment of SCS-1700, that restriction was quietly extended to all private driveways and parking areas by the New Jersey Department of Environmental Protection. One year later, due to exposure of this fact by the anonymous flier and resulting public outcry, authorities abandoned their control over private property rights and rescinded that specific section of the law - at least for now.
Regardless, most local municipalities already have statutes which prohibit the storage of an unregistered motor vehicle on private property. Many, in fact, permit the seizure of such vehicles from those failing to comply.
To those municipalities not already aggressively enforcing such statutes, the state has created a new bounty on emission failed vehicles by authorizing local police to levy huge fines and seize the license plates of offending vehicles - even offering a 50% kickback. As stated in SCS-1700, page 19, line 40: "An order of license plate confiscation issued by the director shall include an order imposing a civil penalty of $200 on the owner. This civil penalty shall be paid to the State Treasurer, who shall deposit one-half of the amount in the 'Motor Vehicle Inspection Fund'. . . and pay the remaining one half to any municipality or county whose law enforcement, police or peace officers confiscated the plates in accordance with the order of the director."
In addition to the principal sections of SCS-1700, there are many additional aspects to this new law which have also raised concern by motorists and civil liberties activists alike.
Testing at the new inspection stations will be augmented by a series of automatic roadside monitoring stations which will measure tailpipe emissions as a vehicle passes through its detector beam. These devices, now being field tested throughout the state, will report back to DMV any vehicle exceeding a set emissions standard, and include a photograph of the vehicle's license plate for verification. Offending vehicles will then be summoned by DMV to return to an official inspection station for re-testing, or risk additional fines and loss of registration.
In short, the state has enacted legislation which, through a series of events and actions, will ultimately remove a very conservative estimate of 1.4 million cars from the roads and highways of New Jersey!
Legislative Reaction
Legislative response to the public's criticism over SCS-1700 has basically taken the form of total denial. While the facts are explicitly cited in the actual text of the law, Governor Whitman and most legislators have stubbornly held to the claim that such sections will simply be ignored.
Much of the state's rebuttal to the charges that this new inspection program will fail far more motor vehicles than the current test is based upon their substitution of the ASM-5015 test for the I/M-240 test originally specified by EPA. However, the ASM-5015 differs from the I/M-240 only by the speed at which the vehicle is tested, and remains a dynamometer engine stress test having an equal failure rate.
Two independent scientific evaluations of the ASM-5015 test have shown it to be both mechanically flawed and highly unreliable - reports the state tried to suppress. Its false failure rate actually exceeds 50% of all cars tested; meaning that those failing the test will be forced to pay for unnecessary and costly repairs. All evidence shows it flat out does not work, nor will it aid in cleaning up the air! Yet, as stated by EPA and DMV officials, it will help "to get the people out of their cars into mass transit."
Initial claims by DMV that the new testing program will fail only "a few more" cars has since been replaced by the latest failure estimate of 30%, and the unofficial assurance that they will not let the failure rate exceed 45%. State officials have also claimed they will violate federal law, and provide waivers far in excess of the federal 3% limit. They have flatly denied that SCS-1700 will result in the confiscation of any motor vehicles simply because such actions would be taken by local municipalities rather than the state. While special application can be made to DMV to exempt most older collector and historic cars, tough new restrictions will govern their use.
*************************************************************************************************
"To put it in my assessment of it - - -
only in America could a program like this be designed,
'cause they used to come up with ideas like this in the Soviet Union."
DMV Director C. Richard Kamin, Exxon, Linden, N.J., 11/94
*************************************************************************************************
This entire controversy originated in 1990 with the Federal Clean Air Act, and with the unconstitutional demand by the U.S. Congress that individual states comply with an enhanced emissions testing program - blackmailing New Jersey and other states by threatening to withhold millions of dollars in critically needed highway funds unless they complied.
While N.J. state legislators are correct in the argument that they are being forced to pursue such a program, it is also true that they have avoided every single opportunity to oppose such federal blackmail - recently refusing to join with other states in opposition to EPA.
Governor Whitman originally strong-armed the legislature into passing SCS-1700 into law in 1995, and continues to be the primary supporter of this program. Whitman has opposed pending legislation to both fully repeal this new emission testing program, as well as legislation to prevent the EPA from withholding federal highway funds.
Media Endorsement
To those individuals distrustful of the generally unfair and biased reporting of the news, coverage of this issue has provided unlimited evidence of the fraud, manipulation and cowardice which exists in the media today.
While noted authorities such as the Wall Street Journal correctly assessed the N.J. legislation in their 6/6/96 feature editorial entitled "Coming Soon: A Plan To Confiscate Your Car," statewide media outlets have supported the program.
Following the anonymous flier, newspapers throughout the state simultaneously ran front page stories in their attempt to calm an angry public - printing blatantly false claims by state officials that no cause for concern existed. Governor Whitman and the legislature reacted by unanimously voting to ban anonymous fliers - an act that should have invoked a massive outcry from the media of First Amendment violations, but did not. Amazingly, the Newark Star-Ledger, in their 4/17/96 editorial, even called for the Attorney General to investigate those involved in the "conspiracy" of handing out literature opposing the program.
For many, revelation that the very same high powered lobbyist hired to promote the state's enhanced emissions program was also a Whitman confidant and lobbyist for the New Jersey Press Association, quickly explained the media’s censorship and deliberate manipulation of this issue.
Economic Impact
SCS-1700 will clearly impact black, Hispanic, senior citizens, and lower to moderate income motorists the greatest. Residents losing the use of their only car for work or school will find themselves wholly dependent upon public transportation. Used car dealers will clearly be affected, as will private inspection stations required to purchase expensive new testing equipment. The auto parts business will suffer since only after market parts approved by California’s emission control board will be legal for sale or use.
Currently estimated at over $1 billion, state officials continue to insist there will be no cost to New Jersey residents, and no new inspection fees. In virtually every other state where it has been tried, enhanced testing has created widespread public agony and inspection fees as high as $75; the entire test ultimately being thrown out after wasting hundreds of millions in taxpayer dollars.
Unfortunately, your legislators are determined to install this program. Falsely reportedly as postponed in their attempt to squelch growing public opposition, the state has quietly solicited bids to build and operate the new testing stations - tentatively scheduled to begin soon after the November elections. Whether they succeed, and whether you lose your car, will be entirely up to you and the action you take!
Sound just too hard to believe? You can get all the facts behind this controversy and learn first hand what Governor Whitman and others intend to do to you beginning right after the November elections by calling the State Office of Legislative Services at 800-792-8630 and requesting a free copy of SCS-1700. Order your copy today! Get Involved! Stand up for your rights and your freedom! VOTE!
For further information on this issue, you can call our 24 hour hotline number at:
Callers can listen to the above quoted excerpts of the Director of Motor Vehicles describing the state's "Soviet" style new emissions testing program, find out how to reach their legislators and state officials, join our fax network, as well as receive a free trial issue of The Classic Vehicle Advocate Newsletter. Callers can also receive a free trial issue of The Patriot, New Jersey's fastest growing newspaper.
You can also directly access the WEB site of The Classic Vehicle Advocate by clicking the following link:
http://www.tek5mall.com/index3.html
This site contains volumes of documentation regarding enhanced emissions testing, scrappage of older cars, emissions credit training and much, much more. A must for anyone interested in cars, their right to freely travel, and their freedom. It also contains the actual wav sound files of DMV Director Dick Kamin candidly discussing the dangers of the new program, and of what the state intends to do to you.
You can help repeal this dangerous legislation by informing other of the facts surrounding this issue and by asking them to get involved. Forward this HTML file to your friends, relatives and business associates. Post it on newsgroups, or on your own WEB page. Ask others to spread the word.
And burn into your brain the words of DMV Director Dick Kamin, when he said:
"Federal EPA wants to come in and take away your
Weber cooker in your back yard."
"They are looking at (going after) everything ...
that's why they took away your guns first."
e-mail us at: stellacapp@juno.com
New Jersey Freedoms Network
P.O. Box 8513 * Landing, N.J. 07850 * 908-277-1028
Comments? Lemme have 'em. Mailto...
bitron@islandnet.com