And now they want to TAKE OUR CARS!

From: JT McBride (James.McBride@GDEsystems.COM)
Date: Thu May 09 1996 - 19:32:54 EDT


Just pulled this off the WSJ page:

[Editorial Page]
[Editorial Page]
[Navigation for Front Section] May 9, 1996
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         Coming Soon:
         A Plan to Confiscate
         Your Automobile

         By ERIC PETERS

         In the not too distant future, owning a second
         car, or one that is more than four years old,
         may be a legal impossibility--if, that is, a law
         recently passed in New Jersey governing
         automobile emissions inspections is allowed to
         stand, and other states use it as a template for
         their own legislation.

         The auto emissions law was signed by New
         Jersey's Republican governor, Christine Todd
         Whitman, last June. It provides for a
         centralized emissions inspection regime
         explicitly designed to fail most cars more than
         four years old, after which they may be denied
         registration and ultimately forfeited to the
         state.

         As extreme as this sounds, it is exactly what
         could happen if the emissions law is enforced as
         it is written. Here's the story: New Jersey,
         like all the other 49 states, is under legal
         obligation to comply with the strict air quality
         goals set forth in the 1990 federal Clean Air
         Act. Washington has been exerting considerable
         pressure on the states to meet these standards,
         and has threatened those that do not comply with
         the loss of hundreds of millions of dollars in
         federal highway funding..

         The target of least resistance has been private
         automobile owners, since they individually
         possess much less clout in state capitals than
         the organized presence of big utility companies,
         manufacturers and other industrial polluters.
         Garden State officials initially decided to
         adopt the so-called Enhanced Inspection and
         Maintenance chassis dynamometer test, known as
         I/M 240, that is favored by the Environmental
         Protection Agency. This would be implemented in
         conjunction with roadside monitoring using
         infrared sensing equipment and random testing by
         police.

         Presently, a modified version of I/M 240 known
         as Asynchronous Mode Testing is being discussed
         as the procedure that would be put into place
         beginning later this year or sometime during
         1997-98.

         I/M 240 and ASM both involve driving a car or
         truck on what amounts to a treadmill while an
         operator measures emissions levels. These
         "enhanced" tests are being pushed hard by an
         Arizona-based company, Envirotest, and its
         lobbyists in state capitals around the country.
         Each new contract for an I/M 240 program means
         millions of dollars for Envirotest--and a
         government-enforced legal monopoly on all
         emissions testing and repair conducted in that
         state.

         Many older cars are expected to fail the
         dynamometer test, perhaps 60%, according to EPA
         estimates; 30% according to the director of the
         New Jersey Division of Motor Vehicles. The
         reason is simply that typically vehicles more
         than four years old have minor wear and tear
         that slightly increase their emissions beyond
         the standard for each car's model year.

         The tiny amount of increase attributable to this
         incidental wear is of no real consequence to air
         quality. Yet under the New Jersey law it would
         nevertheless be sufficient cause to deny a
         vehicle renewed registration. And since it is
         already illegal in most New Jersey counties to
         keep an unregistered vehicle on a privately
         owned driveway (these are quasipublic areas
         under New Jersey law, as in other states), the
         state may ticket, impound and even confiscate
         your unregistered car or truck--without
         compensation.

         While the state argues that this is the only way
         to combat airborne smog and catch all the
         polluters untouched by the present system, what
         it really means is that folks who can't afford
         $700 in repairs to bring their car back into
         compliance won't have the option of parking
         their own car in their own driveway until they
         can pay the bill.

         It also means the owner of an older collectible
         or specialty vehicle will see his hobby
         effectively criminalized (failure to submit to
         the test or keeping an unregistered car on your
         property can result in jail time in New Jersey).
         His second car could be taken from him by agents
         of the state whose agencies, incidentally, share
         in any monies recovered as a consequence of the
         impoundment or forfeiture of an unregistered
         automobile

         New Jersey officials argue that historic and
         collector cars more than 25 years old will be
         granted an exemption, but it is the state
         bureaucracy that will define what qualifies as
         an historic or collectible car. The emissions
         law describes such a "qualified" vehicle as "a
         restricted issue make or model [manufactured] in
         sufficiently limited quantity . . . [or one]
         that is generally recognized" as such.

         In other words, a classic Mustang or
         Camaro--both of which were produced in the
         millions--might not qualify under this
         definition and could be subject to confiscation
         or scrappage if it could not pass the test. It
         all depends on whether you can convince a
         harried DMV bureaucrat that your car is
         "historic."

         But it's not just hobbyists who should be
         concerned. By the EPA's own admission, almost no
         car more than 10 years old is expected to pass
         the dynamometer test. Since the average car on
         the road today is at least seven years old, a
         lot of drivers are going to find themselves
         without their cars in New Jersey should the new
         emissions law be enforced to the letter.

         The automobile manufacturers are probably
         salivating at that prospect, because they stand
         to profit enormously if New Jersey's tyrannical
         program is adopted by other states. Imagine if
         everybody had to buy a new car every three or
         four years.

         What's happening in New Jersey is frightening
         and ominous. And it's not about "air quality" or
         anything else so ostensibly reasonable. It's
         about getting folks out of their cars, by force
         or fraud, and into some other form of
         transportation more amenable to control by the
         state. Take the new emissions restrictions
         seriously. New Jersey's environmentalist
         bureaucrats sure do.

         -------------------------------------------------

         Mr. Peters writes on automotive issues for the
         Washington Times, and is an editor on the staff
         of its Commentary pages.
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