Latest Nanny State Stupidity

The lengths that our politicians will go to protect us from ourselves is incredible. I saw this Chris Reed piece and heard about it on KFI's John and Ken Show. Apparently, the California Air Resources Board has decided that the state's Global Warming law AB32 allows them to require vehicle owners to keep their tires inflated.

I read the proposed rules and I think the concerns of the California New Car Dealers Association are spot-on:
    CARB is proposing to require every repair dealer to check the inflation of every tire during repair to improve mpg for all vehicles which, in theory, is meritorious.
    However (the) regs. CARB’s pushing through (released this week and subject to a 15 day comment period) ... provides that the only times that consumers may decline a check and inflate service—they can never decline the service if it’s offered for free—is when they are charged for services AND if they can PROVE (with DOCUMENTATION!) that they’ve had their tires checked and inflated in the last 30 days, or if they WILL do so within the next week. It is unclear, but possible, that CARB could take enforcement action against the consumer if they don’t follow through with their promise?!
    Note that even the Department of Consumer Affairs opposed the last draft of these rules—letter attached (and I’m guessing these amendments won’t remove their opposition). CARB’s not messing around with these either—the potential penalty for violating the regulation is at least up to $1,000 per violation and six months imprisonment. The enforcement section referred to by CARB states that a violation of the regulation shall be “deemed to result in an emission of air contaminants,” potentially leading to even harsher penalties.
Too much. CARB is interpeting AB 32 in such absurdly broad fashion it wants to deputize the state's auto boards to bully all vehicle owners. It's too much for Brian Stiver, director of the state Department of Consumer Affairs, and Sherry Mehl, chief of the state Bureau of Auto Repairs:
    Unless (Automotive Service Providers) offer the (tire check/inflation) service for free to the consumer and the consumer accepts it, the regulation would have the effect of either forcing the ASPs to check tires without the consent of the consumer in violation of the ... Automotive Repair Act, or force ASPs to refuse to provide any repair services at all to the consumer. These are legally untenable options ...
When does the backlash begin? These people are insane.
Note the "documentation" requirement for vehicle owners who say their tires are properly inflated. These owners can't be trusted to do this complex procedure all by themselves and then tell the truth about it. No, they have to GET OUTSIDE PROOF!

I agree with Chris, this is insane. While I understand the concern about getting people to make sure their tires are inflated, creating regulations with penalties of a $1,000 fine and six months imprisonment for not making sure someone's tires are fully inflated is over the top. It puts auto repair shops in an uncomfortable position of having to tell a customer they can't repair their car until they make certain their tires are inflated unless they're carrying around proof that it was done in the last 30 days. It will likely add to the cost of automotive service as the service providers seek to get reimbursed for the extra red tape. Enforcing this regulation would be a nightmare. This just seems to be the product of people with both far too much time on their hands and an overblown sense of their own importance.

There is still a chance to provide comments up until January 27th. If you feel as strongly about this as I do, file your comments or read the comments submitted by others here.

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