News Automotive Repair and Smog Check Spring 2010 BAR Begins Work on BAR-97 Replacement 3 How Do I Register My Limited Liability Company? 4 Smog Check Station Performance 5 Career Opportunities at BAR 5 BAR Is Looking for a Few Good Events 6 Gasoline/Electric Hybrid Smog Checks 6 New ASM Emission Standards and LPFET Testability Available Online 6 Green Station Recognition Program One Year Later 7 Joining the Green Station Recognition Program 7 New Contract Process for Gold Shield Stations 8 Aftermarket Catalytic Converter Inspection Reminder 8 Illuminated Malfunction Indicator Lights 9 Ensuring Proper Transmittal of LPFET Data 9 Diciplinary Actions 10 Technician Snapshot 12 CAP Facts 12 Smog Check Citations 13 Get the ARSCN Electronically 16 A Message from Sherry Mehl, BAR Chief Partnering with Stakeholders to Ensure the Success of the Smog Check Program Regular readers of this newsletter know that change is an integral part of the Smog Check Program. In recent years, BAR has added the Low Pressure Fuel Evaporative and the Visible Smoke tests to the Smog Check Program. Testing of diesel-powered vehicles began this past January. When implementing these changes, the goal has always been the same — to implement improvements that achieve maximum emissions benefits at a low cost to consumers and minimal disruption to Smog Check stations. This goal can only be accomplished by collaborating and communicating with stakeholders. The implementation of the diesel inspection program is a great example of how establishing cooperative relationships ensures a successful outcome. BAR staff held many workshops with technicians and station owners to develop test procedures, determine training needs, and understand the necessity for subletting repairs. The California Air Resources Board helped BAR draft procedures. The Department of continued on page 2 continued on page 2 BAR Investigation Leads to $1.8 Million Settlement in Midas Bait and Switch Case 22 Midas shops charged with consumer fraud The Bureau of Automotive Repair (BAR), in conjunction with the California Attorney General, settled a consumer fraud lawsuit against Maurice Irving Glad and his 22 Midas auto shops in the Central Valley and Bay Area. The settlement comes as a result of a four-year investigation conducted by BAR. Glad has agreed to pay $1.8 million. In addition, Glad has agreed to exit the automotive repair business in California and to sell his shops to Midas International. Midas International has agreed to honor the warranties for repairs done under the previous owner. BAR found that customers were offered cheap brake specials and then charged hundreds of dollars more for unnecessary repairs. The shops also billed customers for parts and services that were not provided.
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NewsAutomotive Repair and Smog Check
Spring 2010
BAR Begins Work on BAR-97 Replacement . . . . . . . . .3
How Do I Register My Limited Liability Company? . . . .4
Smog Check Station Performance . . . . . . . . .5
Career Opportunities at BAR . . .5
BAR Is Looking for a Few Good Events . . . . . . . . . . . .6
Partnering with Stakeholders to Ensure the Success of the Smog Check ProgramRegular readers of this newsletter know that change is an integral part of the Smog Check Program. In recent years, BAR has added the Low Pressure Fuel Evaporative and the Visible Smoke tests to the Smog
Check Program. Testing of diesel-powered vehicles began this past January.
When implementing these changes, the goal has always been the same — to implement improvements that achieve maximum emissions benefits at a low cost to consumers and minimal disruption to Smog Check stations. This goal can only be accomplished by collaborating and communicating with stakeholders.
The implementation of the diesel inspection program is a great example of how establishing cooperative relationships ensures a successful outcome. BAR staff held many workshops with technicians and station owners to develop test procedures, determine training needs, and understand the necessity for subletting repairs. The California Air Resources Board helped BAR draft procedures. The Department of
continued on page 2
continued on page 2
BAR Investigation Leads to $1.8 Million Settlement in Midas Bait and Switch Case 22 Midas shops charged with consumer fraudThe Bureau of Automotive Repair (BAR), in conjunction with the California Attorney General, settled a consumer fraud lawsuit against Maurice Irving Glad and his 22 Midas auto shops in the Central Valley and Bay Area. The settlement comes as a result of a four-year investigation conducted by BAR.
Glad has agreed to pay $1.8 million. In addition, Glad has agreed to exit the automotive repair business in California and to sell his shops to Midas International. Midas International has agreed to honor the warranties for repairs done under the previous owner.
BAR found that customers were offered cheap brake specials and then charged hundreds of dollars more for unnecessary repairs. The shops also billed customers for parts and services that were not provided.
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Midas Bait and Switch Case (continued from cover)
Partnering with Stakeholders to Ensure Success (continued from cover)
“The Department of Consumer Affairs has zero tolerance for consumer fraud,” said Department of Consumer Affairs Director Brian Stiger. “We are very pleased that, in partnership with the Attorney General’s Office, we have been able to stop a bad player from further harming both consumers and the hard-working, law-abiding businesses in the auto repair industry.”
“For years, Glad ran a bait and switch scam, in which he deceptively lured customers into his Midas shops with cheap brake specials, then charged them hundreds of dollars more for unnecessary repairs,” Attorney General Edmund G. Brown Jr. said. “Our settlement makes sure that Glad will never own or operate an auto repair shop in California again.”
In June 2008, BAR served an accusation against 22 Northern California Midas shops owned by Maurice Irving Glad. The accusation was the result of an investigation triggered by numerous consumer complaints. BAR used 24 undercover vehicles to gather evidence of 105 alleged violations. The accusation sought the revocation of the Auto Repair Dealer Registrations of all 22 Midas shops.
The Midas Auto Service Center franchises were accused of selling or attempting to sell unneeded goods and services at a substantially higher cost than the advertised “brake specials.” BAR also charged that the shops did not intend to sell advertised brake services and repairs at the advertised prices, but intended to entice consumers into more costly transactions. BAR also alleged that the shops charged consumers for parts that were not necessary and, in some cases, not provided.
“Overselling of services has become an increasing problem,” said BAR Chief Sherry Mehl. “It amounts to fraud and seriously harms the consumer. That’s why we aggressively work to find and shut down these shops.”
On average, the shops charged undercover agents almost $300 in unnecessary brake rotor resurfacings, brake drum repairs, brake adjustments, brake cleaning services, and other services.
Consumers who have a problem with an auto repair facility can file a complaint by calling 800.952.5210. Consumers can also file complaints online at www.autorepair.ca.gov.
Motor Vehicles worked to develop a plan to correctly identify vehicles subject to an inspection. Several manufacturers, including Volkswagen of America and Cummins, Inc. provided reference materials and studies to address compatibility issues. BAR provided the software updates at no cost to stations and required no equipment.
The importance of collaboration and communication is important as BAR moves forward with its next major project: The design and implementation of the BAR-2012 emissions inspection system analyzer. As detailed in another article in this newsletter, BAR-2012 will significantly improve the way stations run their Smog Check business at no additional cost to them.
The principles of collaboration and communication exercised in the implementation of other improvements will continue under BAR-2012. For example, BAR has sought industry input on those deficiencies of the BAR-97 that should be addressed in BAR-2012. BAR has also established a page on its Web site to keep stakeholders informed of the project’s progress. Regular updates will also be given at Bureau Advisory Group meetings and be addressed through articles in this newsletter.
The importance of the BAR-2012 EIS to BAR and industry cannot be understated. As Chief, I am committed to keeping you apprised of our progress. In turn, I encourage you to participate in the development process.
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BAR Begins Work on BAR-97 ReplacementNew analyzer scheduled for 2012 implementationMany say that the heart of the Smog Check Program is the BAR-97 Emissions Inspection System (EIS). Currently, over 7,700 EIS units housed at over 7,000 Smog Check stations throughout the State collect over one million records every month. This information is key to identifying and fixing high-polluting vehicles.
Although the importance of the EIS to the Smog Check Program cannot be understated, the technology behind the BAR-97 is dated. In fact, the current EIS is over 12 years old. This outdated technology has adversely affected BAR’s ability to adopt improvements to the Smog Check Program.
With the deficiencies of the BAR-97 in mind, BAR has undertaken the first steps toward developing a successor EIS. Named BAR-2012 in anticipation of its release date of 2012, BAR has identified five key issues with the existing system and the proposed solutions under the new system. They are as follows:
ReliABility >issue: Most BAR-97 analyzers run on computers containing outdated technology. As a result, these systems lack the capabilities BAR needs to store and process vehicle inspection information. In addition, the current operating systems are no longer supported by their manufacturers.
Solution: The computers used in the BAR-2012 analyzer will be modern and commonly available. In addition, BAR-2012 will be designed to accept new computers as they become available. Finally, the operating systems will be a Unix-derivative that can be upgraded as appropriate.
CoSt >issue: Smog Check stations must rely on their BAR-97 manufacturer for service because of the proprietary nature of the hardware and software. As a result, stations cannot self-service their equipment and must often pay for costly service contracts. It also often results in stations having unnecessary downtime.
Solution: Under BAR-2012, Smog Check stations will have the ability to contract for service, much as they do today. However, the BAR-2012 EIS will be structured so that station owners will be able to self-service their equipment components, which should help reduce costs and, possibly, downtime.
FlexiBility >issue: The proprietary software and the variety of software languages and operating systems used in the BAR-97 EIS often hamper BAR’s ability to have the Smog Check Program evolve to reflect changes in motor vehicle technology.
Solution: The BAR-2012 EIS software will be State-owned. As the Smog Check Program evolves, BAR will be responsible for upgrading EIS software.
SeCuRity >issue: The BAR-97 has several security deficiencies. For example, BAR has difficulty determining whether the licensed technician is actually conducting the Smog Check inspection. In addition, thousands of current and former Smog Check technicians have or have had access to the algorithm that creates software passwords, yet BAR has been unable to change the password algorithm due to the lack of control over the software. Finally, computer security is less than optimal as each manufacturer uses a different method to access the operating system in order to service the BAR-97 EIS.
Solution: BAR -2012 will have the ability to better identify the licensed technician who is performing the Smog Check inspection. The new analyzer will also have improved password security.
CoMMuNiCAtioN >issue: The current dial-up connection between the BAR-97 analyzer and the central database does not accommodate the transmission of large reference files. Due to the slow speed of the connection, BAR cannot make pass/fail decisions based on information collected during a test.
Solution: Under BAR-2012, all communication will be through the Internet, increasing communication speed. BAR will also have the ability to tailor pass/fail decisions on a real-time basis.
The development of the BAR-2012 analyzer represents a significant undertaking by the Bureau. Keeping stakeholders apprised of this project’s progress is critical to its success. Updates about this project will be included in future newsletters and can be found on our Web site at http://www.smogcheck.ca.gov/bar2012/index.html.
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We get questions…
How Do I Register My Limited Liability Company?What is a limited liability Company (llC)? An LLC is a legal entity, or form of business, that provides limited personal liability to the company’s owners for any debt incurred or legal actions taken against the company.
is an llC required to be registered with the Bureau of Automotive Repair (BAR)?Yes, a company that engages in the business of repairing or diagnosing malfunctions of motor vehicles for compensation must be registered with BAR.
How do i register as an llC with BAR? To register as an LLC, you need to complete the LLC application and submit the $200 fee. If you are also adding a Smog Check, lamp and/or brake station you must submit the correct application along with the applicable fees. Applications can be obtained at www.smogcheck.ca.gov or by calling the Department of Consumer Affairs at 800.952.5210 or BAR’s Licensing Unit at 916.255.3145.
How do i obtain the required permits to complete the llC application in its entirety?
Domestic or foreign llC number. >Contact the California Secretary of State’s Office at 916.653.6814 or obtain the forms at www.sos.ca.gov/business/be/forms.htm#llc.
Seller permit number. >Contact the California State Board of Equalization at 800.400.7115 or obtain the forms at www.boe.ca.gov/sutax/staxformsn.htm.
Federal employer identification number. >Contact the Internal Revenue Service at 800.829.3676, or obtain the forms at www.irs.gov/pub/irs-pdf/fss4.pdf.
local jurisdiction requirements/permits/licenses. > Contact the California Environmental Protection Agency’s CalGOLD Program at 916.323.2514 or visit them online at www.calgold.ca.gov.
in addition to the completed llC application are there other documents required?Yes, an operating agreement is required.
What is an operating agreement? An operating agreement is a written agreement among LLC members governing the LLC business, and members’ financial and managerial rights and duties. In single
member LLCs, an operating agreement is a declaration of the structure that the member has chosen for the company. For more information regarding an operating agreement please seek legal counsel for assistance.
What is a member?A member is a person or entity that owns a percentage of interest in an LLC. Members are similar to shareholders in a corporation. A member can be an Individual, a Partnership, a Corporation, a Trust or a Limited Liability Company.
Do all members need to sign the llC application? No. Only one representative, who is also a member, is required to sign the application.
Do i need to list all persons who are members of the llC on the application?You must list all persons on the application as follows:
Partnership — > list all partners;
Corporation — > list the president, secretary, and treasurer;
trust — > list every trustee;
limited liability Company — > list all members.
Do i need to notify BAR with any member changes?Yes, if you are already registered as an LLC and also own a licensed station and are adding or deleting a member, you must submit a new LLC application and fee.
If you need further assisting on completing an LLC registration, please contact BAR’s Licensing Unit at 916.255.3145 or e-mail us at [email protected].
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Career Opportunities at BARDo you like cars and helping consumers? Are you interested in a rewarding career that helps to improve the air we breathe? Then the Bureau of Automotive Repair (BAR) may be the place for you!
Beginning this spring, BAR fundamentally changed how it recruits candidates for civil service positions. Previously, in order to apply for a position at BAR, candidates had to take an examination. Typically, examinations were offered every few years, which limited BAR’s ability to recruit and fill positions. Now, BAR offers continuous examinations online 24/7. The examinations consist of life experience questions. Upon completing the examination, candidates receive their scores immediately. Candidates who score well may then be called for a hiring interview.
“I am really excited about this new examination process,” states Sherry Mehl, Chief of BAR. “Previously, it was often difficult to recruit talented individuals because the examination cycle was so infrequent. Now, getting a job at the Bureau is practically just a click of the mouse away,” she notes.
BAR uses a variety of classifications that perform a variety of duties. For example, Program Representatives conduct inspections, mediate consumer complaints, and undertake investigations. Air Quality Engineers conduct studies, certify equipment, and assume responsibilities critical to the success of the Smog Check Program.
“Now is a great time to work for the State,” says Mehl. “There is a considerable degree of stability working for BAR and benefits are excellent.”
BAR is continually recruiting to fill entry-level, journey, and management positions. To learn more about career opportunities at BAR, please visit www.smogcheck.ca.gov or contact Jessica Stinson at 916.255.0612.
BAR uses a variety of classifications that perform a variety of duties.
Smog CheCk Station PerformanCeoctober through December 2009
licensed Station typetotal
Test and Repair Test-Only Gold Shield
Number of Stations by Type 4,590 2,321 651 7,562
Percent 61% 31% 9% 100%
Initial Tests Performed 611,227 1,355,228 195,640 2,162,095
New ASM Emission Standards and LPFET Testability Available OnlineThe Bureau of Automotive Repair (BAR) has added two new features to its Web site. One feature allows you to view a specific vehicle’s cutpoints. The second feature displays the testability of vehicles subject to the Low Pressure Fuel Evaporative Test (LPFET). To learn more about these features, visit us online at www.smogcheck.ca.gov under “Quick Hits.”
BAR Is Looking for a Few Good Eventseducation is key to protecting consumersThe Bureau of Automotive Repair (BAR) works tirelessly to ensure that California consumers and businesses have a safe, fair, and competitive marketplace.
One way of protecting consumers is to provide them information about the marketplace. BAR does this through various publications and its Web site. Over the years, BAR has found that personal interaction with the general public and licensees is often the most effective way or communicating BAR’s message.
“BAR has outstanding staff who are willing and able to provide presentations or attend events that get out the word on the automotive repair and Smog Check marketplace,” notes BAR Chief Sherry Mehl. “Staff are available to make presentations or attend events sponsored by consumer groups, community-based organizations, government agencies, and other interested groups throughout California.
If you know of a community event, festival, meeting, or other occasion that would benefit a group of people, please let us know. No event is too big or too small.
For more information about BAR’s consumer education efforts or to schedule BAR staff for an event, please contact Debbie Romani, BAR Outreach Coordinator, at 916.255.1335 or by e-mail at [email protected].
BAR staff at the Green Expo in South Pasadena.
Gasoline/Electric Hybrid Smog ChecksVehicles are currently exempt from inspectionsStations may be seeing more owners of gasoline/electric hybrid vehicles requesting a Smog Check inspection, as directed by their Department of Motor Vehicle (DMV) registration renewal notice. Gasoline/electric hybrid vehicles are currently exempt from testing and are not compatible with the current testing platform.
After a careful review, DMV determined that the “mode of power” classification files are erroneous for some gasoline/electric hybrid vehicles. This has caused some vehicle registration renewal notices to incorrectly state that a Smog Check is required.
If a customer requests a Smog Check for their gasoline/electric hybrid vehicle, do not perform the test. Instead, inform the customer to contact DMV to correct the mode of power classification from G (gasoline) to Q (gasoline/electric hybrid).
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Green Station Recognition Program One Year Later
Joining the Green Station Recognition Program — as Easy as 1-2-3 To join the Green Station Recognition Program simply follow these steps: Complete the DTSC Model Shop Pollution Prevention Checklist, the “Summarize Your Environmental Benefits” form, and the P2 Opportunity Checklist. Provide a copy of your most recent hazardous material inspection report and an air district report. Mail all documents to DTSC. Upon approval, DTSC will notify BAR of your facility’s acceptance into the program and you will receive your Green Station certificate that you can post at your station.
Program proves popular with participating businesses About a year ago, the Bureau of Automotive Repair (BAR) began partnering with the Department of Toxic Substances Control (DTSC) to implement the Green Station Recognition Program.
The goal of the Green Station Recognition Program is to encourage businesses around California to handle and dispose of the toxic substances generated during the course of their business in an environmentally friendly manner. The Program also helps reduce exposure to hazardous chemicals and potential ground pollution leading to a cleaner environment.
One year later, the benefits of the Program are obvious. Charles Spiteri of Spiteri’s Complete Auto in Belmont appreciates the Program. “My customers feel more comfortable coming to my business knowing their business is responsible in disposing of toxic waste in a proper manner.” Kevin Donohoe, owner of Pacific Motor Service in Monterey, adds “It shows that a business can be run cleaner, especially since my industry often has a bad name in terms of pollution.”
There is no cost to join the Green Station Recognition Program. Nor do businesses incur ongoing costs to remain active in the Program. In fact, Larry Moore of Larry Auto Works in Mountain View notes that the program actually saves him money. “Being green has really helped my business,” he says. “I can actually make money by keeping track of the recyclable products and legitimately itemizing so customers pay for the recycling of coolant, oil, brake fluid, power steering fluid, transmission fluids, and other items removed from a vehicle.”
Joining the Green Station Recognition Program is easy. It simply involves completing a few forms and submitting them to DTSC. DTSC will then notify BAR of a shop’s admittance into the Program. Chris Nelson, service and parts director of Beschoff Motorcars in San Jose was surprised by how easy and painless the process for joining the program was. “Since my facility already complied with the requirements of the Green Station Program, all I really had to do was complete a few forms,” he notes. “The pay-off is big since it shows Beschoff Motors cares about our community.”
If you are interested in having your facility become a Green Station, you can download an application online at www.smogcheckca.gov/greenstationprogram.
Green Stations in California
Beshoff Motorcars > , San Jose
British Auto Repair > , Napa
California Star > , Lafayette
Certified Automotive Specialist inc. > , Glendora
Crow’s Auto Care > , South Lake Tahoe
encinitas Foreign & Domestic Auto Repair > , Encinitas
larry’s Auto Works > , Mountain View
longo lexus > , EI Monte
longo toyota > , EI Monte
Mission Hills Automotive > , San Diego
Pacific Motor Service > , Monterey
Piercey toyota > , Milpitas
Quality Motors > , Laguna Niguel
Saddleback Cars > , Mission Viejo
Scher tire #20 > , Stanton
Spiteri’s Complete Auto Service > , Belmont
Sunnyvale Volkswagen > , Sunnyvale
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BAR Announces New Contract Process for Gold Shield StationsThe Bureau of Automotive Repair (BAR) is always looking for opportunities to improve its partnership with Gold Shield stations in administering the Consumer Assistance Program (CAP).
One of the biggest changes affecting Gold Shield stations
will be the contractual relationship between BAR and the stations. Currently, BAR enters into multi-year contracts with each Gold Shield station. Each contract is then assigned a budget. The budget can only be adjusted through an amendment to the contract.
Beginning this spring, BAR will enter into standard agreements with Gold Shield stations. This means that individual stations will no longer have a contract with a
pre-set budget. It also means that stations will no longer need to monitor their CAP budget and possibly suspend CAP services due to insufficient funds. Instead, BAR will monitor the overall CAP budget and notify all stations if funding for the fiscal year becomes unavailable.
“I’ve spent a considerable amount of time talking to existing and prospective Gold Shield stations,” says CAP manager Tonya Blood. “What I have heard loud and clear is that Gold Shield stations can’t always provide their customers the services they demand because shop owners may not have the budget in their CAP contract to fix a vehicle. Changing from a contract to a standard agreement with CAP stations should fix this issue.”
BAR anticipates issuing new standard agreements to Gold Shield stations by July 1, 2010.
Aftermarket Catalytic Converter Inspection ReminderThe California Air Resources Board (ARB) adopted regulations on January 1, 2009, concerning aftermarket catalytic converters. Among other things, these regulations affect the visual inspections technicians must perform to determine if the catalytic converter is an aftermarket catalytic converter, and whether it is legal for the vehicle.
When performing an inspection of a vehicle with an aftermarket catalytic converter, technicians should keep in mind the following:
For aftermarket catalytic converters installed on or after January 1, 2009:Technicians must verify that all installed aftermarket catalytic converters have an EO number and verify the correct catalytic converters are installed. If an EO number is not found and/or the wrong catalytic converter is installed, the vehicle must fail the inspection.
Until further notice, it is not necessary to check specific vehicle application for non-OBD II equipped vehicles. In these cases, technicians must verify that
the converter(s) is equipped with an EO number and that the converter appears to be properly installed. For OBD II equipped vehicles, technicians must check vehicle specific application. To verify the application, technicians must check the ARB EO parts listings and/or part manufacturer catalogs.
For aftermarket catalytic converters installed before January 1, 2009:As always, technicians must check that the catalytic converter is present and appears to be properly installed. In cases where technicians find evidence of misapplication, they should check the EO listing, and the parts manufacturer catalog of any other reliable source to verify installation of the correct converter. If the wrong catalytic converter is installed, the vehicle shall fail the inspection. All aftermarket catalytic converters require EO exemption or approval. However, EO numbers were not stamped or affixed to aftermarket catalytic converters produced before January 1, 2009. Appendix G of the Smog Check Reference Guide provides catalyst identification information that technicians may use in verifying catalyst application.
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Ensuring Proper Transmittal of LPFET DataThe Bureau of Automotive Repair (BAR) has determined that some Low Pressure Fuel Evaporative Test (LPFET) units may not be sending test results to the Data Depot. A couple of reasons may cause this situation.
One reason may be that an incorrect LPFET serial number or station license number has been programmed into the LPFET. The LPFET serial number marked on the outside of the unit must match the programmed serial number. An incorrect station license number typically occurs during either initialization of a BAR EIS or replacement of a LPFET unit. During initialization, BAR field staff enter the station license number into the Data Depot.
Depending on the manufacturer of the unit, shops can fix this situation by doing the following:
For Systech international units: > Go to the “Config Menu,” select “Status,” and view the Tester Serial
Number. Then press “right arrow” to view the Station License Number that has been entered into the EIS. If the license number is incorrect call SysTech at 866.623.8378.
For eSP/Waekon units: > Go to “Status Page,” press “Enter,” and press “Down Arrow,” to check the Station License Number. Then press “Down Arrow” to view the Tester Serial Number. If the license number is incorrect call ESP at 800.695.4377.
Another reason that LPFET data is not being transmitted to the Data Depot may be due to a clock drift problem specific to SysTech LPFET units. This can be corrected by connecting to the Data Depot to update the time and date. Power down the unit overnight, then after powering back up, watch for the time drift several minutes and/or the date to go backwards.
Illuminated Malfunction Indicator Lights — To Tell or Not to TellThe Bureau of Automotive Repair (BAR) has noticed a significant increase in the number of consumer complaints concerning Smog Check failures due to an illuminated Malfunction Indicator Light (MIL). Vehicles that have an illuminated MIL automatically fail their Smog Check inspection. Many consumers are complaining that they should have been advised of this fact prior to the completion of the inspection.
Existing law and regulations do not require Smog Check stations to advise their customers that an illuminated MIL will cause a vehicle to fail the test prior to actually performing it. However, in order to better serve your customers, you may want to consider advising them of the consequences of an illuminated MIL. While this practice may send some customers away, it will ultimately foster trust between you and your customer.
You may want to explain to a customer that while they may fail their Smog Check inspection due to the illuminated malfunction indicator light, there may also be other reasons that their vehicle may fail. The only way to know if there are other reasons is to go ahead and have the vehicle tested.
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Diciplinary Actions
october 2009 Branham Arco Smog Pros, San JoseJoseph Huong Lai, PresidentOrder: Automotive Repair Dealer registration is invalidated, stayed, placed on probation for three years . Smog Check Station license is revoked . Reimburse BAR $9,476 as reimbursement of the reasonable costs of investigation and enforcement of this case . (10/26/09)
Clean Air Smog Test-Only Center, San FranciscoEarl Samuel Chua, OwnerOrder: Automotive Repair Dealer registration is revoked, stayed, placed on probation for two years . Smog Check Test-Only Station license is revoked, stayed, placed on probation for three years . Reimburse BAR $10,020 . (10/12/09)
Earl Samuel Chua, San FranciscoTechnicianOrder: Advanced Emission Specialist Technician license is revoked, stayed, placed on probation for two years . (10/12/09)
Loi Ngoc Dang, San JoseTechnicianOrder: Advanced Emission Specialist Technician license is revoked . (10/30/09)
G I C German Auto Haus, OaklandRasin Guray Mentese, PresidentOrder: Automotive Repair Dealer and Smog Check Station licenses are revoked . Reimburse BAR $12,681 at the time of application for a new or reinstated license or registration issued by BAR . (10/26/09)
Leyzer G. Malchik, Union CityTechnicianOrder: Advanced Emission Specialist license is revoked, stayed, suspended for thirty days and placed on probation for three years . (10/26/09)
Good Guy Auto Plus & Sale, SacramentoSandy Sayareh, OwnerOrder: Automotive Repair Dealer and Smog Check Station licenses are revoked . Reimburse BAR $13,411 at the time of application for a new or reinstated license or registration issued by BAR . (10/19/09)
John Tracy Lyons, El Dorado HillsTechnicianOrder: Advanced Emission Specialist Technician license is revoked . (10/19/09)
Jose Luis Morales, SacramentoTechnicianOrder: Advanced Emission Specialist Technician license is revoked . (10/30/09)
Victor M. Zambrano, PattersonTechnicianOrder: Advanced Emission Specialist Technician license is revoked . (10/19/09)
Nor Cal Smog Tech, ModestoIlyas Khan, PartnerNasir Khan, PartnerOrder: Automotive Repair Dealer and Smog Check Station licenses are revoked . (10/19/09)
Khalid Ilyas Khan, SalidaTechnicianOrder: Advanced Emission Specialist Technician license is revoked . (10/19/09)
Tai Anh Nguyen, San JoseTechnicianOrder: Advanced Emission Specialist Technician license is revoked . Reimburse BAR $3,780 at the time of application for a new or reinstated license or registration issued by BAR . (10/29/09)
Ozone Smog, SacramentoAbdul T . Khan, OwnerOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . Reimburse BAR $8,645 at the time of application for a new or reinstated license or registration issued by BAR . (10/30/09)
Spartan Test-Only, San JoseVinh Huu Lee, OwnerOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . Reimburse BAR $3,780 at the time of application for a new or reinstated license or registration issued by BAR . (10/29/09)
November 2009 210 Smog Test-Only, San JoseOanh Phuong Truong, OwnerOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . (11/30/09)
Liem Tran, (A.K.A. Tai Van Hoang), San JoseTechnicianOrder: Advanced Emission Specialist Technician license is revoked . (11/30/09)
Century Auto Service, San JoseKenny Phuoc Thai, OwnerOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . (11/16/09)
Kenny Phuoc Thai, San JoseTechnicianOrder: Advanced Emission Specialist Technician license is revoked . (11/16/09)
J & W Smog Test-Only, South San FranciscoWei Shin Wong, OwnerOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . Reimburse BAR $14,345 at the time of application for a new or reinstated license . (11/30/09)
David D. Nguyen, San JoseTechnicianOrder: Advanced Emission Specialist Technician license is revoked . (11/30/09)
December 2009 City Smog Check, Santa ClaraRaul Nguyen (A .K .A . Thanh Ngoc Nguyen), PresidentOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . (12/21/09)
914 Test-Only, San JoseMinh Cong Truong, OwnerOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . (12/1/09)
Minh Cong Truong, San JoseTechnicianOrder: Advanced Emission Specialist Technician license is revoked . (12/1/09)
Smog 4 Less, Fresno - W . ClintonSarbjit Singh, OwnerOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . Reimburse BAR $33,772 in full upon the filing of an application for licensure or petition for reinstatement of his Automotive Repair Dealer registration and/or Smog Check Station license . (12/3/09)
Sarbjit Singh, FresnoTechnicianOrder: Advanced Emission Specialist Technician license is revoked, stayed and placed on probation for three years . (12/3/09)
Smog 4 Less, Fresno - N . BlackstoneSarbjit Singh, OwnerOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . Reimburse BAR $33,772 in full upon the filing of an application for licensure or petition for reinstatement of his Automotive Repair Dealer registration and/or Smog Check Station license . (12/3/09)
Tj & Sons Custom Auto, FresnoJohn T . Barger (A .K .A . Tom Barger), PartnerJessy H . Barger, PartnerOrder: Automotive Repair Dealer registration is invalidated, stayed and placed on probation for five years . Reimburse BAR $5,000 . (12/21/09)
Northern California
11
october 2009 Chuck’s Transmission Unlimited, PomonaKraisilp Ungamrung, President Order: Automotive Repair Dealer registration application is denied . (10/22/09)
Diego Salvado Delgado, Chula VistaTechnicianOrder: Advanced Emission Specialist Technician license is revoked, stayed, suspended for five days and placed on probation for three years . (10/29/09)
Elias Hanna Hannoush, Moreno ValleyTechnicianOrder: Advanced Emission Specialist Technician license is revoked . Reimburse BAR $30,732 at the time of application for a new or reinstated license or registration issued by BAR . (10/26/09)
Smog Experts Test-Only, HesperiaBrian Pak, OwnerOrder: Automotive Repair Dealer license and Smog Check Test-Only Station licenses are revoked . Reimburse BAR for the costs of investigation and enforcement in the amount of $3,000 . (10/5/09)
Smog Experts Test-Only, VictorvilleBrian Pak, OwnerOrder: Automotive Repair Dealer license and Smog Check Test-Only Station licenses are revoked, stayed, placed on probation for three years . Reimburse BAR for the costs of investigation and enforcement in the amount of $3,000 . (10/5/09)
Ventura Smog And Test-Only, VenturaJesus Jimenez Lopez, PartnerFidel Lopez, PartnerOrder: Automotive Repair Dealer and Smog Check Station licenses are revoked . Reimburse BAR $12,000 at the time of application for a new or reinstated license or registration issued by BAR . (10/8/09)
Jesus Jimenez Lopez, OxnardTechnicianOrder: Advanced Emission Specialist Technician license is revoked . (10/8/09)
Loren Thomas Wilson, San DiegoTechnicianOrder: Advanced Emission Specialist Technician license is revoked, stayed, suspended for ten days and placed on probation for three years . (10/30/09)
November 2009 Airco Smog, Lake ElsinoreSteve A . Hartman, OwnerOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . Reimburse BAR $10,144 if respondent seeks reinstatement of his Automotive Repair Dealer and his Smog Check Test-Only Station licenses or applies for new license or registration . Said $10,144 cost shall be the joint and severable obligation of respondent Steve A . Hartman and co-respondent Edward Asatryan, EA144197 . (11/16/09)
Edward Asatryan, CoronaTechnicianOrder: Advanced Emission Specialist Technician license is revoked . Reimburse BAR $10,144 if respondent seeks reinstatement of his advanced emission specialist technician license, or applies for a new license or registration . Said $10,144 cost shall be the joint and severable obligation of respondent Edward Asatryan, EA144197, and co-respondent Steve A . Hartman . (11/16/09)
El Compita Smog, PomonaArturo P . Enriquez, OwnerOrder: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . (11/2/09)
Arturo Perez Enriquez, ComptonTechnicianOrder: Advanced Emission Specialist Technician license is revoked, stayed and placed on five years probation . Respondent shall reimburse BAR $2,916 . (11/2/09)
Eric Louis Martinez, PerrisTechnicianOrder: Advanced Emissions Specialist Technician license is revoked . BAR waives a portion of its costs in the amount of $7,065 . Payment of the remainder of the Bureau’s costs in this matter in the amount of $10,000 is deferred unless and until the respondent Eric Louis Martinez ever applies for licensure or petitions for reinstatement for any license or registration from BAR, in which case he shall reimburse the $10,000 in full at the time when such application or petition is made . (11/5/09)
The Smog Guy, RiversideVance Edward Rogers, OwnerOrder: Automotive Repair Dealer and Smog Check Station licenses are revoked . Respondent shall reimburse the Bureau its costs of investigation and enforcement in the amount of $19,037 at the time of application for a new or reinstatement of a registration or license issued by BAR . (11/16/09)
December 2009 Aries Smog Check Test-Only, South GateJose F . Turcios, Owner Order: Automotive Repair Dealer and Smog Check Test-Only Station licenses are revoked . Reimburse BAR $4,287 prior to submitting any application or re-application for any license with BAR . (12/10/09)
Auto Smog Masters, ComptonDiane Williams, OwnerOrder: Automotive Repair Dealer and Smog Check Station licenses are revoked . Reimburse BAR $2,808 prior to submitting any application or re-application for any license with BAR . (12/3/09)
Simon Campos, Los AngelesTechnicianOrder: Advanced Emission Specialist Technician license is revoked . Reimburse BAR $4,287 prior to petition for reinstatement or applies for a new Automotive Repair Dealer registration or any other license issued by consumer affairs . (12/10/09)
Stanley Emmanuel Guevara, NorthridgeTechnicianOrder: Advanced Emission Specialist Technician license is revoked . Reimburse BAR $9,804 prior to petition for a new or reinstatement of a registration or license issued by BAR, costs are due in full at the time of application . (12/29/09)
Manuel’s Smog Station Test-Only, Los AngelesManuel Antonio Palencia, OwnerOrder: Automotive Repair Dealer registration, Smog Check Test-Only Station license and Advanced Emission Specialist Technician license are revoked . Reimburse BAR $10,000 prior to petition for reinstatement or applies for a new license, in which case respondent shall reimburse $10,000 in full when petitioning or reapplying . (12/7/09)
Theophilus Cecil Okai, AnaheimTechnicianOrder: Advanced Emission Specialist Technician license is revoked . Reimburse BAR for the costs of the investigation and enforcement in the amount of $2,808 . (12/8/09)
Quick Smog Test-Only, Panorama CityJorge Luis Soto, OwnerOrder: Automotive Repair Dealer registration, Smog Check Station license and Advanced Emission Specialist license are revoked . Reimburse BAR $9,804 prior to petition for reinstatement or application for a new license, in which case respondent shall pay $9,804 in full when petitioning or reapplying . (12/28/09)
Diciplinary Actions (continued)
Southern California
Quarterly Bureau Advisory Group Meetings BAR holds quarterly meetings that are open to the public . These meetings are a great opportunity to learn and discuss issues facing the Bureau and industry . To learn about meeting dates and times and to obtain an agenda, visit www.smogcheck.ca.gov.
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December 2009 (continued)Raul Ernesto Rodriguez, Los AngelesTechnicianOrder: Advanced Emission Specialist Technician license is revoked . Reimburse BAR $2,361 prior to issuance or a new or reinstated license . (12/14/09)
Martin Dana Rothstein, RiversideTechnicianOrder: Advanced Emission Specialist Technician license is revoked, stayed, suspended for fifteen days and placed on probation for three years . (12/29/09)
Smog Clinic, NorthridgeEdward Babalians, OwnerOrder: Automotive Repair Dealer registration is permanently invalidated . Smog Check Test-Only Station license is revoked . Reimburse BAR $16,044 . (12/14/09)
Edward Babalians, Granada HillsTechnicianOrder: Advanced Emission Specialist Technician license is revoked, stayed and placed on probation for three years . (12/14/09)
Smog Experts (A J Alvarez), Los AngelesGlenda Gomez, PresidentOrder: Automotive Repair Dealer registration and Smog Check Test-Only Station license are revoked . (12/21/09)
Jorge Luis Soto, San FernandoTechnicianOrder: Advanced Emission Specialist Technician license is revoked . Reimburse BAR $7,681 if respondent applies for a new or reinstatement of a registration or license issued by BAR . Costs are due in full at the time of application . (12/14/09)
Soto’s Auto Center & Smog, PacoimaSilverio A . Molina, OwnerOrder: Automotive Repair Dealer and Smog Check Station licenses are revoked . Reimburse BAR $7,681 if respondent applies for a new or reinstatement of a registration or license issued by BAR . Costs are due in full at the time of application . (12/14/09)
Whittier & Garfield Test-Only, Los AngelesFelipe Hernandez, OwnerOrder: Automotive Repair Dealer registration is permanently invalidated . Smog Check Test-Only Station license is revoked . Advanced Emission Specialist Technician license issued to Felipe Hernandez is revoked . Reimburse BAR $8,000 prior to making application for a new or reinstated license . (12/14/09)
Bellflower Auto Square Collision (C. Benaldo Holdings Inc), BellflowerRamon Pacis Ponce De Leon, PresidentOrder: Automotive Repair Dealer registration is revoked, stayed suspended for three days and placed on probation for three years . Reimburse BAR $13,823 . (12/7/09)
Brooks Transmission (Dmcb Inc), OntarioLucina Garcia, PresidentOrder: Automotive Repair Dealer registration is invalidated . Reimburse BAR $48,279 . (12/21/09)
Parks Automotive, Morro BayRobert Lee Parks, PartnerDenise Dianne Parks, PartnerOrder: Automotive Repair Dealer registration is invalidated . Smog Check Station license is revoked . Reimburse BAR $15,762 prior to making application for a new or reinstated license . (12/31/09)
Power Transmission, Los AngelesEui Jin Shin, OwnerOrder: Automotive Repair Dealer registration is revoked . Reimburse BAR $56,277 if respondent applies for a new or reinstatement of a registration or license issued by BAR . Costs are due in full at the time of application . (12/31/09)
teChniCian SnaPShot
test Results october through December 2009
# Tested # Pass % Pass
Advanced emission technician eA
Total 376 224 60
Basic Area technician eB
Total 11 4 36
Brake Adjuster Class “A”
Total 33 23 70
Brake Adjuster Class “B”
Total 1 — —
Brake Adjuster Class “C”
Total 106 93 88
lamp Adjuster Class “A”
Total 39 81 58
CaP faCtSA statistical look at the Consumer Assistance Program (CAP)*
october through December 2009
Vehicles Retired 5,520
Vehicles Repaired 13,469
Applications Processed at BAR Field Offices **
5,717
Emissions Reductions (average tons per day)
Hydrocarbons 129.7
Oxides of Nitrogen 211.2
Carbon Monoxide *** 35.4
Disbursements
Vehicle Retirement $5,561,858
Vehicle Repairs $5,414,405
TOTAL Disbursed $10,976,263
* This analysis considers a vehicle repaired or retired upon BAR approval of a station or dismantler invoice for payment, rather than the actual date the vehicle is repaired or retired .
** This figure reflects the total number of CAP applications received and processed on the same day at BAR field offices . Most applications were processed while the consumer waited .
*** Carbon Monoxide has been divided by 56 to reflect ARB estimates of the reactivity of CO relative to other hydrocarbon compounds participating in the formation of ozone .
Diciplinary Actions (continued)
Northern California
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oCtoBeR - DeCeMBeR 2009Name Address City ZIP ARD No. Amount
UPTOWN SMOG TEST ONLY 7718 GREENLEAF WHITTIER 90602 ARD226734 $500
GIOS AUTO DIAGNOSTICS 37824 5TH ST EAST #D PALMDALE 93550 ARD212081 $500
SMOG MASTER ONE 1944 PICO BLVD SANTA MONICA 90405 ARD254271 $1,000
SMOG MASTER ONE 10967 VENICE BLVD LOS ANGELES 90034 ARD251381 $500
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