posted August 3, 2005
City Court Judge Russell Bean said the state's emissions inspection program in Hamilton County is hurting the poor and not going after the real highway polluters.
He said many residents tell him they can't pass the inspection because an engine light is on, and they wind up with expensive repairs.
Judge Bean also said that large trucks are the main polluters, and they are exempt from the inspections.
County Commissioner Greg Beck said he has similar concerns. He said citizens may go in for the $10 inspection and wind up facing a $1,000 bill at a local garage.
Judge Bean said in an email to Air Pollution Control officials, "I have been receiving several cases in court regarding emissions violations. There are several problems that I see that have come before me, and I thought you might want to know about those.
"Many of the persons coming in front of me say that they are turned away at the emissions testing centers because their engine light is on. Others say that they are not. It is my understanding that the engine light being on does not necessarily mean that there is an emission problem. Information reveals that there can be up to seventy (70) different reasons for the engine light to be on a vehicle.
"Many of the people that come in front of the court say that it cost them up to $900 to $1,000 to get the emissions system fixed, and they have several witnesses come in and say that there was no smoke coming out of the vehicle to start with, just that it was the engine light being on.
"Another problem is that many used cars in Chattanooga are purchased in Georgia, which is just across the state line. It is my understanding that Georgia does not have these same requirements, and the cars sold there do not have to have those emission requirements. Also there are many Georgia and Alabama residents who work in Chattanooga and these cars are not required to be tested. There are even persons driving vehicles from other counties in Tennessee that work and shop in Chattanooga and are not counted.
"It is also difficult to comprehend why cars under 10,500 lbs. are cited for pollution problems whereas vehicles over 10,500 pounds are exempt. I personally see big trucks going up hills with pillows of smoke coming out. For example, at the Ridge Cut headed east on I-24 many trucks emit a lot of pollution.
"From all this, there appears to be an equal justice argument from a legal standpoint.
"It does appear to me that the emission testing is against the poor, who are not financially able to purchase new vehicles. The paying at all these centers seems almost like another tax. It appears that a better procedure would be to have pollution patrol vehicles that go out and cite vehicles that are polluting the air.
"I am in hopes that the State Emissions Testing Program can correct any flaws."
Kelley Walters of the Air Pollution Control Bureau said the vehicle emissions testing program is overseen by the state, and its day-to-day management is contracted to an outside company (Envirotest).
She said she was forwarding Judge Bean's concerns "to the appropriate people at these agencies. Vicki Lowe (TDEC) and Steve Kircher (Envirotest) were instrumental in the start-up of these facilities in Hamilton County and around the state. I believe they will be able to address your concerns."
If you have any further questions, please do not hesitate to get back in touch.
Sincerely,
Kelley Walters
PR Specialist
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