Legal Watch: Gale Banks Goes After Schwarzenegger on Assembly bill 1488
Gale Banks of Gale Banks Engineering has written to California governor Arnold Schwarzenegger about problems caused by Assembly bill 1488, the California Air Resources Board and the Bureau of Automotive Repair. To pass the diesel emissions test outlined in that bill, aftermarket products must have an Exemption Order number. Banks and other aftermarket companies can't supply the sticker because CARB supplies those stickers to products that pass a test, but there is no current applicable test. CARB decided to change the test eight years ago but has not yet developed a test to replace it.
As Banks notes, "We cannot pass a test that does not exist, so there is no way we can prove that these 'gap products' comply with emissions regulations. And, there is consequently no way that CARB can deem them illegal. The 'no test problem' cuts both ways. In 2002, they put us in a situation with two choices. Go out of business or wait for CARB to come up with a test. Which would you choose? We decided to continue to work with CARB and stay in business.
Banks is asking the governor for, "Assistance in getting forbearance for my customers from BAR's 'diesel smog check,' while CARB decides what its product test will be, such that our products can comply. My customers should not be harmed due to the State's lack of completion of their work." It is noted that this wouldn't affect any other portion of the (three-part) smog check, including OBD and smoke test.