Lemon Law Lemon

LEMON LAW ATTORNEY

LEMON LAW BACKED UP BY 15 YEARS EXPERIENCE IN AUTO REPAIR INDUSTRY

LEMON LAW PRACTICE IN SAN JOSE, SANTA CLARA COUNTY, AND S.F. BAY AREA


THE LAW OFFICES OF MILFORD REYNOLDS
480 NORTH 1ST STREET, P.O. BOX 103, SAN JOSE, CALIFORNIA 95103
(408) 283-8948   FAX: (408) 283-8949

AUTO REPAIR

5. SMOG CHECK PROGRAM - PART 1
SMOG CHECK CONSUMER NOTICES, PRICING, AND VEHICLE INSPECTION REPORTS

Californians are required to have a smog check performed biennially (depending on where you live), upon change of ownership, or upon initial registration in California (if vehicle was originally sold outside California).

We will cover a customer's rights while having their car repaired and when the vehicle is being tested/repair by a Smog Check Station. We will cover the California Smog Check Program in some detail since this affects almost every vehicle owner in California.

PRICES: A shop is allowed to charge whatever they wish for a Smog Check Inspection. However this price must be clearly posted. Any additional costs for motorhomes, heavy duty vehicles must be posted as well. The shop's labor rate for repair must be posted. The fee for a Smog Certificate (if the vehicle passes the inspection) is set by the state and must be advertised/posted separately.

VEHICLE INSPECTION REPORT (VIR): Every smog check station uses an approved Test Analyzer System (TAS) which automatically prints a VIR upon completion of a test. The VIR includes measurements/data acquired by the TAS in addition to information inputted by the smog technician. These result are electronically transmitted to Sacramento. The smog check station must provide you with an "initial inspection" and any "after repairs" VIR's.

ESTIMATES/FINAL INVOICE: A Smog Check Station must comply with the same requirements that a general auto repair shop must in giving estimates, obtaining authorization for repairs, and final invoice. The smog station must attach any VIR's to your final invoice. A smog station must specifically identify each procedure/adjustment used in repairing the vehicle to pass the inspection. Phrases such as "Low emissions tune-up" or "scope and adjust" are prohibited.

SUBLETTING PROHIBITED: A general repair shop may not sublet smog tests or repairs to a licensed smog station under any circumstances. Likewise a licensed smog station may not sublet any testing/repairs to another facility. Only a licensed smog technician may perform any smog testing or repairs.