A-1 Smog

Review: This business told my wife that her 2013 pzev Subaru required a smog check to be registered in California, and charged her $42.50 to perform the check. California specifically exempts vehicles less than six years old from emissions testing. When I called the business, a woman told me that any vehicle previously registered in another state requires California emissions testing. When I told her the law exempts vehicles less than six years old, she said she was unaware of that. I suggested that since she is in the emissions testing business, she should be aware of the legal requirements prior to advising any person of those requirements.This business lied to my wife and stole $42.50 from her.Desired Settlement: When a business misrepresents the law for profit, penalties should be stiff. I don't know what is appropriate for this situation. An apology and refund will satisfy me.

Business

Response:

This is in response to a complaint involving services issues that was submitted on March 10, 2014 at 5:23 PM. As a smog technician and business owner for over 12 years, I have and always follow the Bureau of Automotive Repair rules and regulations. I strongly do not felt that this complaint should count against me and/or my business since I have followed and enforced the Bureau of Automotive and Repair Smog Inspection Manual and unfortunately customer’s vehicle did not fall in the below situation. Based on this situation, the customer was wrong because according to the Bureau of Automotive Repair Handbook under Program Description 1.11.2 Transfer of Ownership page 36; it stated: “A certificate of compliance is required whenever a vehicle changes ownership except in the following situations: (NOTE: These exemptions do not appy in cases where a vehicle is being initially registered in California. A certificate is required upon initial registration.)

• Effective January 1, 2005, vehicles 4 or less model-years.

• Vehicle is being transferred between a person’s spouse, child, grandchild, parent, or grandparent.

• Vehicle is being transferred between siblings. • Vehicle registered to a sole proprietorship is transferred to the proprietor as owner.

• Vehicle is transferred between companies whose principle business is leasing vehicles and there is no change in the lessee or operator of the vehicle or between the lessor and the person who has been, for at least one year, the lessee’s operator of the vehicle.

• Vehicle is transferred between the lessor and lessee and there is no change in the lessee or operator of the vehicle.

• Vehicle has had a Smog Check certificate in connection with registration renewal, and the transfer has occurred within 90 days of registration renewal.”

Furthermore, this mean that any vehicles that comes from a different state REQUIRED a smog certificate. Therefore, this complaint should not count against me and/or my business since I have followed and enforced the Bureau of Automotive and Repair Smog Inspection Manual and unfortunately customer’s vehicle did not fall in the listed situation.

Consumer

Response:

I am rejecting this response because: I am currently out of state until April 15 and will respond after that date. My reference will be the state statutes, not some repair manual.

Respectfully,

This business told my wife that her 2013 pzev Subaru required a smog check to be registered in California, and charged her $42.50 to perform the check. California specifically exempts vehicles less than six years old from emissions testing. When I called the business, a woman told me that any vehicle previously registered in another state requires California emissions testing. When I told her the law exempts vehicles less than six years old, she said she was unaware of that. I suggested that since she is in the emissions testing business, she should be aware of the legal requirements prior to advising any person of those requirements.This business lied to my wife and stole $42.50 from her.