Smog Check Class Action Lawsuit

[bobsquatch]

Have any of you considered filing a class action lawsuit against the state of California for retroactively forcing us to smog our diesels? It seems fundamentally wrong to me to force someone who has owned a vehicle for many years to subject them to new regulations like this. Half the reason some of us spent thousands of extra dollars to get a diesel is so we would never have to smog them. I understand the need for regulations but retroactive enforcement is wrong. If the government wants to start requiring smog checks from this date forward, that is fine. You know what you are getting into from the start.
Imagine if you purchased any other product and were told years later if you want to keep using it it must be inspected annually at your expense. Also how fair is it that they go back a certain number of years. Mine is smog required and my neighbor is not because it is a year or two older.
This is morally wrong and I am betting legally wrong as well. They do not even have a hard definition for lingering smoke. How can a law be enforced across the board when ten people would have ten differing opinions on the results? I would be interested in joining a lawsuit if any of you lawyer types know how to initiate one. I think the SOCAPS community would be a great resource for such a suit.

Any thoughts?

[bobsquatch]

Wow, nobody wants to chime in on this? Everyone is ok with being forced to smog your rigs after the fact!? I figured someone would have an opinion here.

[SteveBricks]

I understand the need for regulations but retroactive enforcement is wrong. If the government wants to start requiring smog checks from this date forward, that is fine.

When emissions testing began it included older vehicles than the year it began in....they even tried to make some of the older vehicles retro-fit a device (some may remember the "NOx" box) but that was dropped as it was decided to be unfair to require any equipment other than what came from the factory, so in that respect I don't think the retroactive enforcement argument will fly.

I agree with you on the subjective nature of the smoke test, but that'll change as testing becomes more sophisticated and the testing standards are raised beyond BAR '97 where they currently are. We've got it fairly easy right now with a visual test...it'll only get more difficult to pass in the future when they start reading live data on the dyno.

I don't like it any more than anyone else, but in my opinion you're fighting a losing battle.

[dezzrats]

If it had a legal chance the heavy trucking industry would be doing it. The new smog crap is closing the doors of many trucking fleets and sending the drivers to the unemployment line.

[BFT]

i agree with steve.

imagine how much money it will cost to fight this and to top it off the numerous years it will take

[bobsquatch]

I would think the people with the most to lose would be trying to start a grass roots campaign to fight this. Come on Banks, ATS, Superchips... Where is the push back. Why have I not heard any public outcry except at the smog station where it does no good. Steve, just because they got away with it before doesn't mean it is right. It only means no one did anything about it then either. I can not imagine another product the government can come back to you ten years after the fact and impose new rules that you must comply with or lose your product. I Understand the heavy Truckers plight too. My industry is heavy equipment and the CARB is moving too fast towards tier 3 engines and will put a lot of contractors who cant afford to retrofit out of business. It is stupid. They are not getting rid of any of the "polluting engines". They are just shipping them to China. I suggest fighting fire with fire. Cost the government money and time. Register your truck unfairly in another more lenient state and see how fast they change their tune. I am vowing to never smog my truck in California out of sheer principal. I suggest we all do the same.

[dezzrats]

I am on the search for a 1994-1997 Dodge 12v to downgrade to, I think it will pull my 5th wheel. I am ready to give up the Superduty over this "smog" and registration crap and my truck is stock other than the cat back exhaust.

[bobsquatch]

You will miss your diesel. Nothing holds up as well. These babies are born to pull. That v12 is a great motor but you will use twice the fuel, double your maintenance and wear it out earlier. Don't surrender, fight the man.

[Newman]

You will miss your diesel. Nothing holds up as well. These babies are born to pull. That v12 is a great motor but you will use twice the fuel, double your maintenance and wear it out earlier. Don't surrender, fight the man.

HUH??? The 12V Cummins have a great track record of going lots of miles.

I can see you point if they were making the restriction tighter as the years go on but any stock diesel will pass the tests flying colors if it is decent working order. Everyone knows deleting emissions stuff is illegal it has taken the government a while to catch on to us and this is what we have to deal with.

[Thumperer]

I think he meant a 94-97 12 valve dodge diesel that would be exempt because of the year (pre 97').

You will miss your diesel. Nothing holds up as well. These babies are born to pull. That v12 is a great motor but you will use twice the fuel, double your maintenance and wear it out earlier. Don't surrender, fight the man.

[dezzrats]

Yes, a smog exempt 1997 or older Dodge with a 12v Cummins, or ........... another option is to step up to a F450, F550, or F650, that are also smog exempt because of the GVWR. I think this exemption will be short lived and they will start smog testing on the med-duty trucks to. Then you have to factor in the even higher registration fee because of the weight. You can't win, I think an older truck is the best answer for what I do with it.

Now if I could just find one!? I'm not the only one with this line of thinking. If anyone knows of a 1994-1997 Dodge 3500 diesel extended cab with 4x4 and a 5 speed sitting in a dealer's lot, send me a PM. I'm ready to trade in my Superduty for the right truck plus cash back.

[bobsquatch]

Dude, total loss of cerebral output on my part. Straight six diesels are awesome. I was talking about V10 VEE TEN that is, Dodge gassers. My Bad. Like I said though, that 8.4 with 600 sum odd hp is a heck of a motor. But it aint no diesel!

[dezzrats]

I have pulled heavy with big block gas motors in the past, and they will do it with the right gears, but you are right they are not a diesel. To get the pulling power of a diesel with a gas motor you will be getting about half the MPG and they wont last under those conditions. I think to get a gas truck to be in the "smog exempt" years I think you have to go back to 1975.
Another option I have kicked around is get a 1997 Chevy 3500 with the 6.5L diesel, (good truck, crap motor, smog exempt) and do a Cummins swap, but after all that you may as well build your own truck.

[LCOwner]

The thing is it is unlawful to tamper or modify any emisions control devices. They have just never been checking up on diesels until now. They could still call all those 75 and older gassers with some sort of SMOG equip back in to be tested. Not sayin I like it but it is what it is.

[bobsquatch]

My truck is completely stock with the exception of slightly larger tires. I am being smogged to check something I don't have. And for those that modify their rigs moderately, they will just remove the mods, chips, flashes... for the test. Of course they may look sideways at your stock truck with a 3 pillar pod set. Not that this will be a popular statement here but they should target offenders not everyone. If a cop pulls over a heavily modified truck, impound it, smog it, cite it, return it to legal at the owners expense confiscating all illegal equipment and leave the rest of us alone. Lets face it, these are not gassers and require much less maintenance and don't need annual inspections to keep them clean. We just need to leave them alone, then they can leave us alone.
Don't get me wrong here. I do not have any moral objection to anything you do to your trucks. Have fun but realize it is illegal and there may be consequences you may have to endure. Don't like the law, work to change it but the rest of us should not be penalized for having the potential to illegally modify our rigs.