RE: Junker Law was: 99 Dakota R/T

From: Holloway,Frank T (Frank.T.Holloway@KP.ORG)
Date: Mon Jul 27 1998 - 13:29:57 EDT


Check out thest two articles...................

Have You Heard About OBD III?

     With the recent approval of regulations governing on-board
diagnostics (OBD) information availability, the Automotive Service
Association
     (ASA) has been pleased with the cooperation of the U.S.
Environmental Protection Agency (EPA) in the development of information
transfer to
     repairers. ASA was a strong advocate of independent service shop
owners and technicians having access to the same information accessible
to
     new car dealers. The EPA protected these rights in its draft
information availability rule and in the final rule published last
summer.

     One area of concern has been the recent discussion surrounding a
waiver of federal preemption to permit California to implement its own
OBD
     regulations. The serious question for independent repairers has
been whether our rights will be protected as strongly as in the federal
regulations.
     This is an issue ASA is discussing with regulators and other
members of the aftermarket. ASA will make a decision in the near future
as to a
     California strategy on the waiver.

     As the OBD II (federal OBD uses the same basic technical standards
as California OBD II) debate comes to a close, speculation is already
     mounting about an OBD III concept in California. OBD III is being
discussed as a program to minimize the delay between the detection of an
     emissions malfunction by the OBD II system and the actual repair of
the vehicle. This includes a reading of stored OBD II information from
in-use
     vehicles and the direction to owners of vehicles with fault codes
to make immediate repairs. In this concept, faults are picked up by a
monitoring
     technology and reported to a regulator, and the vehicle owner is
then directed to get further testing and possible repairs. The debate
over
     controlling vehicle emissions may soon move from what type of
testing facilities and test methods are most effective to the complete
on-board
     cycle of fault detection, notification and follow-up testing and
repair being discussed in the OBD-III concept.

     What types of technology can be used to detect and relay data
pertaining to emissions malfunctions? Options include roadside readers,
local
     station networks or satellites. The roadside reader has been tested
by the California Air Resources Board (CARB) since 1994. It is capable
of
     reading eight lanes of bumper-to-bumper traffic at 100 miles per
hour. It can be used from a fixed location with portable units or a
mobile unit. If
     a fault is detected by a reader unit, it has the capability of
sending the vehicle identification number (VIN) plus the fault codes to
the regulator.
     (The term regulator is used broadly here--patrol officers, private
contractors or others could be involved, depending on how a program is
     structured.) The local station network has not been tested by CARB,
but would allow a location and monitoring service.

     The satellite system can be used with a cellular phone hookup or
location monitoring technology. The vehicle would receive an alert via a
cellular
     phone or the monitoring technology. The location, date, time, VIN
and OBD II data would be returned to a satellite beacon.

     Several issues surround the OBD III concept. From a regulatory
perspective, all of the technologies used, other than roadside
technology,
     require a Federal Communications Commission (FCC) license. The
possibility of interference with other signals in the same band is of
concern.
     The issues of commercial operators, law enforcement, jurisdiction
among state agencies, Intelligent Vehicle Highway Systems, etc., have to
be
     addressed before OBD III is a reality.

     How would an OBD-III program prompt further testing and possible
repair? An OBD-III program could be incorporated into the current
     inspection and maintenance (I/M) program. OBD III might also be
used to generate an "out-of-cycle" inspection. Once a fault is detected,
a
     notice could be mailed to the vehicle owner requiring an
out-of-cycle inspection within a certain number of days or at the next
registration or
     resale, or a citation would be issued. Penalties might include
court appearances or fines related to vehicle registration.

     A roadside pullover might work this way: the monitoring technology
detects a fault, a law enforcement officer stops the vehicle with the
fault
     code, and a technician working with the officer at the scene
verifies that a code is set. A citation is then issued requiring testing
at a test center,
     with a time limit for the vehicle owner to do this before a penalty
is incurred.

     What legal issues arise under OBD III? There seems to be some
question as to the "suspicionless mass surveillance" of private
property. There is
     no opportunity to confront or rebut the results; no notice that the
vehicle will be tested. Fourth Amendment search and seizure issues tend
to
     arise.

     There are obviously technologies and enforcement procedures
available to support the OBD III concept. Do the public health arguments
as to
     controlling the severity of air pollution override the
constitutional privacy questions involved? What about consent? These are
questions that will
     undoubtedly arise, and could bring a court challenge.

     After several court battles with OBD II, the issues are still
unsettled as to the California waiver. I/M programs are still to be
finalized in several
     states and the threat of congressional action looms. The concept of
bringing all the issues under one program will certainly be
controversial, but is
     being discussed as far as a long-term policy. Independent repairers
need to prepare for the next waive of emissions and information issues
as they
     continue to participate in the current debate involving the same.

     ASA is working with regulators and other members of the aftermarket
to ensure that the independent repairers' interests are included as
     long-term policies are developed.

OBD-III Frequently Asked Questions, General Concepts and Issues

As a newly developing idea, more and more information is becoming known
about OBD-III. Below are some frequently asked questions regarding
OBD-III.
This is not an all-encompassing list, but a start into understanding the
basics of OBD-III. For your convenience, refer to the easy-to-use menu
of items found
here.

What is OBD-III?
OBD-III Technologies
Enforcement Mechanisms
Legal Issues
ARB Request for Proposals
Cooperative Techniques

WHAT IS OBD-III?

A program to minimize the delay between detection of an emissions
malfunction by the OBD-II system and repair of the vehicle

Two basic elements:

     Read stored OBD-II information from in-use vehicles.
     Direct owners of vehicles with fault codes to make immediate
repairs

 

OBD-III TECHNOLOGIES

Three ways to send/receive data:

     Roadside reader
     Local station network
     Satellite

ENFORCEMENT MECHANISMS

     Incorporate into biennial I/M program
          Read fault code to screen for vehicles that need complete
testing
          Pass or short test for vehicles with no fault code
     Does not speed up repair process
     Out-of-cycle inspection
          Compile and screen data
          Mail notice to vehicle owner requiring out-of-cycle inspection
within 10 days
          Require Certificate of Compliance (C of C) on next
registration/resale, or
          Require C of C within 30-60 days, with citation for
noncompliance
          Enforce citation via court and/or DMV penalty at next
registration
     Roadside Pullover
          CHP flags down vehicles with fault codes
          Technician verifies problem by inspecting and/or testing
vehicle
          Issuance of notice requiring out-of-cycle inspection
          Same enforcement (C of C /citation)

 

LEGAL ISSUES

     OBD-III imposes sanctions based on "suspicionless mass
surveillance" of private property
          Random, possibly frequent testing
          No advanced knowledge vehicle will be tested
          Results of testing not immediately available (unless roadside
pullover follows)
          No opportunity to confront or rebut
          Possible use of system for other purposes (Police
pursuit/immobilization, tracking, cite speeders)
     OBD-III raises 4th Amendment search and seizure privacy issues:
     ''The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures shall not
be
     violated...'' (emphasis added; also see Art. I, Sec. 19 of Calif.
Constitution)
     From legal perspective, it is unprecedented: previous cases have
looked at surveillance of individuals

 

ARB Request For Proposals

Incorporation of Radio Transponders into Vehicle On-Board Diagnostic
Systems

The Air Resources Board reserves the right to reject any proposal deemed
nonresponsive to the RFP, not responsible, and/or not reasonable.

Proposals submitted under this RFP will be evaluated by the "secondary"
method, in which the cost of the proposed research is an important, but
not a
determining, factor in the awarding of the contract.

I. OBJECTIVES

The objective of this study is to demonstrate the feasibility and cost
effectiveness of replacing the current emissions-based periodic
Inspection and
Maintenance (I/M) program with automated inspections based on the OBD-II
system and an on-vehicle radio transponder. The study will test,
evaluate and
demonstrate the viability and cost of equipping new vehicles with
various transponder technologies and assess how these technologies can
be effectively used
to improve the convenience, effectiveness, and cost-effectiveness of the
I/M program.

Perhaps the most serious drawback in California's current I/M program is
the fact that the entire vehicle fleet must be tested in order to
identify the relatively
small number of vehicles that are likely to fail. Currently,
approximately ten million vehicles per year are required to undergo an
I/M inspection that results in
passing scores for 70 percent of the vehicles. The pass rate is expected
to improve to perhaps 90 percent as vehicles with more durable emission
control
systems enter the fleet. Californians spend in excess of $168,000,000
per year having clean cars tested. If the inspection process could be
automated through
the use of transponder-assisted on-board diagnostic systems (in what
could become an OBD-III requirement or program), the process could be
made less
costly and time-consuming: only those vehicles with actual problems, as
indicated through the presence of codes stored in the OBD-II system,
would be
required to undergo a full inspection.

In this study, the contractor will evaluate how inspections of
radio-transponder equipped vehicles could be performed, taking into
account effectiveness, cost,
convenience, and public reaction. Special attention shall be given to
assessing and addressing privacy concerns involving the use of
transponders. The
contractor will fully assess at least one concept involving periodic
inspections of transponder-equipped vehicles, and shall assess at least
one non-periodic
based inspection concept if according to its assessment that would be as
effective and more cost-effective than periodic inspections. The
contractor will
procure and install appropriate transponders on several OBD-II-equipped
vehicles and demonstrate the viability of performing transponder-based
inspections.
Based on the demonstration, the contractor will compare the
effectiveness, cost, and time of transponder-based inspections to the
current enhanced I/M
program.

II. BACKGROUND

As stated above, some $168,000,000 per year is spent in the I/M program
to test vehicles that subsequently pass the inspection. While recently
adopted
enhancement to the program will result in a substantial improvement to
the program's effectiveness for vehicles that fail, the costs of
inspection are also
projected to increase for both passing and failing vehicles. This
situation is further complicated by the fact that improvements in
vehicle durability are projected
to further decrease the percentage of failing vehicles in the future.
Although several approaches are being

incorporated into the new I/M program that are designed to pre-screen
the fleet for passing and failing vehicles (i.e., High Emitter Profile
and Remote Sensing
Devices), no provisions are currently in place to exempt "clean"
vehicles from inspection.

In 1989, the ARB adopted regulations requiring the installation of
sophisticated on-board diagnostic systems beginning with the 1994 model
year (OBD-II).
By 1996, all new passenger cars and light- and medium-duty vehicles
certified for sale in California will be required to have OBD-II systems
that require the
illumination of a malfunction indicator light (MIL) when malfunctions
occur that are likely to result in emissions that exceed 1.5 times the
vehicle's certification
standard. As emissions standards values are reduced in future model
years, more accurate and more sophisticated monitoring systems must be
developed.
Whereas Remote Sensing relies upon a several-millisecond snapshot of
emissions, the constant monitoring of emissions-critical components by
the OBD
system may obviate the need to perform traditional emissions tests of
vehicles so equipped.

III. SCOPE OF WORK

Task 1 - Assessment of inspection options.

Currently, California's Inspection and Maintenance Program requires the
inspection of all vehicles at least once every two years. Some portion
of the fleet,
however, because of change of ownership or identification of gross
emissions, may undergo more frequent inspection. In this task, the
contractor shall evaluate
a number of inspection options of transponder-equipped vehicles based
upon the estimation of the effectiveness, cost-effectiveness, and
convenience of each
option relative to the current enhanced periodic inspection requirement.

The overall objective of this task is to identify the most promising
approaches, at least one periodic and one non-periodic, utilizing the
automated inspection
capabilities afforded by transponder-equipped vehicles. Possible
approaches include performing the automated inspection at licensed
inspections stations
and/or as part of the periodic maintenance servicing performed at
automobile dealerships, or performing the inspections non-periodically
at stand-alone kiosks
or gasoline service stations. In proposing possible alternatives to
traditional periodic inspections, the contractor will be required to
thoroughly assess public
reaction, possible privacy issues, and the likelihood of public
acceptance for each approach studied. As part of this assessment, the
contractor shall evaluate
how a driver-controlled activation switch might impact program
effectiveness.

Several entities, including government agencies and private industry,
are currently pursuing the use of radio transponders in vehicular
applications. In light of the
fact that cooperative research in this area may lead to a more
cost-effective system and increase public acceptance, the contractor
shall also investigate the
possibility for coordination with other entities and the identification
of possible conflicts between this project and any other project planned
or currently
underway.

Task 2 - Procurement and instrumentation of test fleet.

In this task the contractor shall procure five OBD-II-equipped vehicles
and outfit each (as described below) with radio transponders that have
been procured
or fabricated by the contractor. One of the five vehicles will be
supplied to the selected contractor by the ARB, and thus bidders should
only budget for
procurement of four vehicles. Multiple vehicles are required to resolve
any issues of signal collision between the reader and two or more
vehicles attempting to
respond to an automated query.

Bidders must provide a list of eligible makes and models and their
strategy for the most cost-effective method of obtaining these vehicles
for this project. It is
preferred that a mix of foreign and domestic vehicles be procured in
order to address the relative ease or difficulty of systems integration.
ARB staff approval
shall be obtained prior to vehicle procurement. Proposals must also
specify the explicit method of obtaining the vehicles (rental, lease,
etc.) and estimated
costs. The purchase of vehicles as "Equipment" is discouraged because of
vehicle selection limitations imposed by the State procurement process.

The contractor shall procure or fabricate five (5) transponder systems
and two (2) receivers having the capabilities described below:

The transponders shall have the capability of storing and transmitting
the full 17-digit vehicle identification number (VIN) of the vehicle in
which it is installed.

The transponders shall transmit the presence of emissions faults and the
actual fault code numbers stored in the OBD-II system.

The transponders shall transmit a status code indicating "OK", or a
trouble code indicating that the integrity of the system has been
compromised or that the
power supply is low (or disconnected). This status code shall be
transmitted whenever the system is queried.

The physical dimensions of the transponders should allow for
installation in either the engine compartment or behind the dashboard.
The desired dimensions of
the complete system are not to exceed that of a pack of cigarettes
(about 1" x 2 _ " x 3 _").

Whether the transponder system is to be mounted in the engine
compartment or behind the dash, the contractor shall ensure that the
transponder operates
reliably during extreme operating conditions which are typical in
vehicular applications, including high temperature, high humidity, and
vibration.

The transponder systems should be designed to use the vehicle's power
supply, but should also incorporate a method to prevent loss of
information and to
store (and transmit when queried) a trouble code if the vehicle's
battery fails or is disconnected. Bidders shall discuss how the
transponder system will be
integrated with the existing battery re-connect strategies (i.e.,
disconnecting the vehicle battery for more than a short period of time
typically resets many
vehicle parameters --including trouble codes--to default values).

The contractor shall address the issue of system and data security,
specifically in the area of tamper-proofing of transponders. The
proposal should suggest
how the systems can be made as "tamper-proof" as possible. As defined
here, tampering includes erasing trouble codes, overriding the OBD
system, and
sending out fake and/or false codes. Bidders shall also note to whom the
security measures would be aimed (ordinary consumers, typical mechanics,
specialty
parts manufacturers, etc.).

The transponder signal receivers shall be capable of performing these
functions:

Querying a specific vehicle that is in close proximity to similarly
equipped vehicles without signal collision.

Storing a query and received data in a database format. Data stored will
include:

   1.A.Date and time of current query
   2.B.Date and time of last query
   3.C.VIN
   4.D.Status ("OK", "Trouble", or "No response")
   5.E.Stored Codes
   6.F.Receiver station number

"COOPERATIVE TECHNIQUES" For Police Pursuit/Mobilization

The cooperative techniques comprise devices that are installed on
automobiles. These devices would receive a coded radio frequency signal
that would
produce a progressive speed reduction or shut down the automobile. The
speed reduction and shut down could be incorporated in the On-Board
Diagnostic
(OBD) III system that is planned for implementation in the year 2000 and
later. This system is planned to have a radio transponder for reading
out automobile
status including vehicle number and smog equipment fault codes.

The major obstacle to overcome is to get public acceptance of a device
that they have to pay for and that can disable their automobile. One way
to obtain
public acceptance may be to offer incentives by including this device as
part of a package that provides other benefits. These benefits could be
an anti-theft
device and/or a smog readout device. The smog readout device could
eliminate the need for costly and time-consuming periodic inspections at
smog stations.
With the idea that the only time you would need to go to an inspection
station is when the automobile exceeds smog-generating limits.

In addition to public acceptance, this approach will require federal
government, state government and car manufacturer cooperation.

The use of a cooperative device has strong appeal because of
effectiveness, safety and ease of use. Incorporating the overall system
as part of a larger
subsystem would reduce cost and make it more attractive.

> -----Original Message-----
> From: W. Jack Hilton III [SMTP:hemi@mindspring.com]
> Sent: Monday, July 27, 1998 9:14 AM
> To: dakota-truck@buffnet.net
> Subject: Re: DML: Junker Law was: 99 Dakota R/T
>
> > Where are you guys getting this interpretation? The reason auto
> restorers
> >are up in arms over the so-called junker laws is because one main
> effect is
> >to drastically decrease the availability of parts and further
> projects.
>
> Lest we forget that one stipulation of the bail-out deal where the
> government made loans to Chrysler in the late seventies to keep them
> from
> going belly-up was that they destroy almost all of the parts and
> tooling to
> make those parts (..a la Hemi and other motors) !
>
> From rumors that I have heard over the years , someone had been able
> to
> snatch the tooling and dyes that were for the heads of the Hemi , but
> most
> all of the rest of it is gone . That's why you can still get alot more
> parts from GM on their older vehicles and if you have anything older
> than
> an '81 K-Car from Chrysler , you're out of luck .
>
> But it was a FACT that the government MADE Chrysler destroy the
> tooling for
> certain engines and parts as a stipulation of the bail-out agreement .
>
>
>
>
> Nobody
> >is worried about the State coming to take our finished projects away.
> Well,
> >at least until the next round of emissions pogroms and moving target
> >inspections.
>
>
> In case you don't know what a "Moving Target Inspection" is , and I
> think
> this is what you are talking about , Ron , this is when the DOT
> (spurned on
> by the Clean Air Act Gistapo) sits on the side of the road with a van
> , a
> bunch of equipment , and a hard-on waiting for you to drive by . When
> you
> do , they can point a device at your vehicle and it can get a reading
> on
> EXACTLY what kind of emmisions your vehicle is putting out . I THINK
> they
> do this with infrared) .
>
> And if you think that they will never do it , think again , they have
> already been testing it here in GA !!
>
> >
>
>
>
> Jack Hilton
>
> Black '98 R/T Club Cab
>
> http://www.mindspring.com/~hemi/jbd1.html



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