Comment Log Display

June 30, 2010


Clerk of the Board
Air Resources Board
1001 I Street
Sacramento, California 95814

RE: Proposed Amendments to Regulation to Reduce Greenhouse Gas
Emissions from vehicles Operating with for Under Inflated
Tires-Deadline for Public Comment: July 6, 2010

Dear Clerk:

The Automotive Service Councils of California (ASCCA) is a
statewide organization that represents 1,000 automotive repair
facilities in the State, including smog shops.

ASCCA has participated and been actively involved in the under
inflated tire regulation process from its inception. ASCCA
representatives and members have attended workshops and provided
comments and suggestions to improve the regulation for both repair
shops and consumers. The ASSCA has also provided written comments
to the previous versions of the regulation. 

The original intent was to simply codify, into regulation, the
exiting voluntary practice of checking and inflating tires. The
current practice is very simple and straightforward.

Unfortunately, the latest version of the regulation creates
unnecessary costs and administrative burdens for both repairs shops
and consumers by requiring an unreasonable amount of documentation.
Furthermore, it subjects both repair shops and consumers to severe
penalties even for simple oversights or mistakes. This process
started out as a good idea but now has become so convoluted and
complicated that it will create many unintended consequences:
 
	ASCCA has the following specific comments and suggestions:

1)  Section 95550 (d) (5) provides that a customer may decline the
check and inflate service if the customer affirms that they
performed a tire check and inflate service within the last 30 days
or agree to perform a tire pressure check and inflate service with
the next seven days. Requiring the customer to affirm and the
repair shop to document this is simply unnecessary and frankly over
the top.
 
The customer should have a right to decline the check and inflate
service. Period. Requiring affirmations is crazy. Is it the intent
of the Air Resources Board to make criminals out of customers that
don't inflate their vehicle tires? Requiring affirmations and
documentation should be deleted.

2)  The proposed regulations should apply to all automotive
service providers registered with the Bureau of Automotive Repair
(BAR) that perform automotive repair services.

3)  It is unclear as to whether the service provider must check
inflation of vehicle tires while the tire is “hot” or wait for a
period of time and check when the tire is “cold”.  This concern has
been raised in prior correspondence and at the Air Resources Board
workshops. It still has not been adequately addressed in the latest
version of the regulations.

4)   As you are well aware, the BAR has regulatory oversight of
the automotive repair dealers in the state.  BAR has the expertise
and personnel to properly oversee the enforcement of this proposed
regulation rather than the Air Resources Board. We hereby request
that the BAR act as the authorized representative to enforce this
regulation under existing law and that the proposed amended
regulations reflect such enforcement.  Furthermore, we request that
section 95550 (e) Penalties and Injunctions be deleted.

The regulation, as drafted, will create another layer of
unnecessary administrative paper work, increase in costs,
frustration and confusion for both the repair shop and the
customer.  We respectfully request that revisions be made to
address the above concerns, or in the alternative drop the
regulation and allow the automotive industry to continue to provide
check and inflate service on a voluntary basis.

Sincerely,

 
Jackie A. Miller for
Craig Johnson, Chair, Government Affairs Committee