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Old 05-22-2004, 09:41 AM
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Jim Dandy Jim Dandy is offline
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Join Date: Nov 2003
Location: Oklahoma
Posts: 157
You're really beginning to become annoying

Quote:
Originally posted by whunter
I understand this subject very well.
I have worked as an engineer in the OEM’s and I have worked as a master mechanic in 28 states.
Unilateral retroactive emission testing of vehicles made prior to emissions standards is a clear violation of US law.
I will consult the EPA test lab in Ann Arbor, Michigan for chapter and verse and when testing began.
As I recall; any state may raise there emission standards and it will effect all vehicles manufactured from that date forward only.
No state can mandate that a FORD Model-T meet any standard: the same applies to a Packard or any pre standard automobile.
The critical date is when 49 state testing of import diesels began.
NOOOOOOOOOOOOOOOOOOOOOOOOO, there's no violation of U.S. law. You really aren't getting this. A state can add additional regulations/restrictions to federal law. Period. The federal standards are considered minimums. It's well within states' rights to impose their own minimums as long as they don't go below federal minimums.

For instance, there is no federal law that says a car can't smoke like a mosquito killer, but there is in California (and other places). If a state decided that they wanted all cars over a certain age off the road, and their voter block would tolerate it, they would simply ban or restrict them and the federal government wouldn't have squat to say about it since that restriction doesn't go BELOW federal minimums.

A good example of a state trying to go below federal standards was Arizona about ten years ago (when Symington was governor). After the federal government restricted the sale and production of R12 refrigerant, Arizona's state government decided that they would exempt themselves from that requirement. The federal government promptly went to court and sued Arizona.

Yes, it is impressive that you've acquired a good deal of experience as an engineer and mechanic (and I really DO enjoy reading your posts on mechanical subjects), but you aren't understanding states' right versus federal law in this argument. We can place a little money on this and get an independent attorney in here if you like.
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