Stopping the Bureau of Automotive Repair STAR Program

To Advanced Emission Specialists and Smog Station Owners,

As you may know, the Bureau of Automotive Repair has an initiative known as the STAR Program, a vehicle to control Emission Testing in the State of California that has gone into effect…

We have teamed up with a Grass Roots Effort, http://www.stopthestarprogram.com (“Stop the Star Program“) to expose the deficiencies in this program.


ALERT:

if you are experiencing problems with your Bureau of Automotive Repair STAR Program status, please call us IMMEDIATELY at 800-561-9860 or email us!


What is troubling about this program is the manner in which this data is utilized to punish and prevent access to the testing of directed vehicles – vehicles that are the lifeblood of many current test only stations and technicians.

Possible Problems with the STAR Program

There are several legal issues affecting the legality of this program.

The first and most prescient is the manner in which this program was implemented – without authorization from the state legislature and without going through the proper channels.

In short, the Bureau is trying to implement program requirements bereft of the proper legislative devices, subverting the people of the State of California, including the people who perform these tests, the technicians and shop owners.

This is an absolute violation of law – we will not stand for it.

Secondly, we have a situation where Station Owners are being held accountable for their technicians by a legal principle known as strict liability.

Owners delegate the testing of vehicles to qualified technicians licensed by the State of California. Technicians sign under penalty of perjury in regards to the performance of their duties as a Smog Technician. Owners should be able to rely on the testing abilities of someone who the State has certified to perform said testing.

It is not the responsibility of Station Owners to regulate the activities of technicians to the level with which the Bureau suggests. This is violative of the licensing scheme and structure, overstepping the bounds with which the Bureau was authorized to legislate.

Station Owners cannot be responsible for any testing performed by a licensed technician. It is the Bureau’s responsibility to regulate technicians. Requiring owners to look over the shoulder of technicians is simply unprofessional.

This is an absolute violation of law – we will not stand for it.

Finally, we have the Bureau, in their infinite wisdom, holding the station and technician accountable for 1) what a consumer has done to their vehicle and 2) what a consumer will do to their vehicle upon leaving the testing facility.

If the vehicle comes to your facility with incomplete monitors, fails subsequent tests because of poor maintenance, or if you happen to work in an area where vehicles are not maintained, your Star rating will be punished.

This is an absolute violation of law – we will not stand for it.

We are currently drafting a lawsuit on behalf of all similarly situated Technicians and Shop Owners to prevent the implementation of the Star Program as it violates several tenants of due process of law, subjecting the technician and shop owner to the loss of either their business or employ-ability for factors outside of their control.

The Star program is a heinous example of the Bureau exceeding their authority in the application of their duty to regulate emission testing in the State of California.

The Star Program further violates several tenants of law, stripping individuals of constitutionally protected proprietary interests in their professional licenses without due process of law.

We intend to put this program to a stop.

We need your help.

Collectivized action from the voice of thousands of technicians and shop owners is the way to stop the Star program. This is the only way to ensure equitable testing procedures for all shops and technicians.

We cannot do this alone.

Cesar and Oscar Gomez are spearheading the efforts, creating a network of shops and technicians to become involved with the case. We need numbers -numbers too big to ignore.

Our law firm has been tirelessly defending shops and technicians for years against the Bureau of Automotive Repair in license defense cases.

We have defended hundreds of hard working shops and technicians from the onslaught of litigation brought by power hungry Bureau Representatives who have treated mechanics, shop owners, and smog technicians like second class citizens.

It’s time to stop the Bureau. The time to stop them is now.

We are pleased to announce we are spearheading these efforts to help the plight of technicians and shops in the drafting, filing, and prosecution of a writ for administrative mandamus to put a stop to this program.

Join us in our fight to stop the star program. Be a part of history in a groundbreaking effort to voice the concerns of technicians and shop owners and thwart the implementation of constitutionally violative program set to hurt members of the automotive community.
If you have any questions, feel free to give our office a call at any time.

Sincerely,

William Ferreira

Attorney at Law

Automotive Defense Specialists

Stopping the Bureau of Automotive Repair STAR Program
5 (100%) 1 vote

Archives