Auto recall shakedown tactics

By Eric Peters Copyright 1999 Washington Times January 26, 1999

How'd you like to do business with someone who "reinterprets" his contractual agreements with you?

As bad as that is, there's something much worse - a government that unilaterally does the very same thing.

Why is it worse? Well, because the only good reason for having a government is to establish and enforce objective laws for the general community. If the government can decide to change the rules of the game while the ball is in play, there's no way to win. And no justice, either.

That's the position Toyota and its luxury division, Lexus, finds themselves in over a dispute having to do with the evaporative emissions control equipment installed on several million late model vehicles.

Though the equipment meets the standards set forth in the regulations applicable at the time of their manufacture, the Justice Department, on behalf of the EPA and the state of California, announced last week it will sue to force a recall of these vehicles.

Here's where it gets interesting: The government wants a recall because the evaporative controls do not conform to a testing procedure that wasn't even in existence at the time of the vehicle's manufacture.

Can you say ex post facto?

"We are proud of our record as an auto industry environmental leader and firmly believe our vehicles comply with the testing regulations as originally written," said Jim Olson, senior vice president, external affairs, Toyota Motor Sales, USA, in response to the suit. "If California and EPA wish to change these requirements, they should amend the rules for future model years."

That seems reasonable. But then, bureaucrats tend not to have too expansive an understanding of that concept.

It's not enough, for example, that Toyota/Lexus vehicles met the criteria and passed the tests relating to the performance of the emissions gear in question.

It's not sufficient that the California Air Resources Board - the state agency responsible for establishing and enforcing standards pertaining to vehicle emissions output in this case - approved Toyota's evaporative emissions system for many years.

It also doesn't matter that Toyota/ Lexus produces some of the cleanest and most technologically up-to-date cars and trucks on the road - with several 1999 models qualifying as Ultra Low Emissions Vehicles (ULEVS).

What does matter to the EPA/ CARB bureaucrats is that they were able to come up with a new testing procedure that defeats the function of the emissions equipment on some Toyota/Lexus cars and trucks - in effect, changing the rules after the fact.

Not even CARB/EPA are suggesting the cars and trucks involved actually emit unacceptably high levels of dangerous filth. Rather, the allegation is that a potential exists, given the conditions used in the new testing procedure, that might result is higher emissions levels.

Welcome to La-La land - and be grateful you're a wage slave (if you are) rather than a businessman or corporate head who must deal with garbage like this.

The Justice Department, the EPA and CARB are demanding that Toyota recall all the vehicles potentially affected - at a cost of millions and who-knows how much damage to Toyota's image among consumers.

"Shakedown" is not too strong a word to describe these tactics. The fact is the Environmental Protection Agency and the various other "air quality" agencies at the state level that perform a similar function are running out of legitimate work to do - at least as regards the regulation of new vehicles. With total emissions from even the dirtiest late model car barely capable of being distinguished from the surrounding ambient air, there's simply not much gold left to mine attacking the demonic internal combustion engine.

But never fear. If you need a problem to justify your budget and make a splash on the evening news, be creative - make one up.

With limitless cash and the full hairy-armed force of the megalithic Bluto that is our government just waiting to bust some heads, it's easy enough to instill fear and get those grubby merchants and evil businessmen to dance to your tune.

"Sentence first," said the Red Queen. "Trial afterwards." That's what it's coming to in the onetime land of the free and home of the brave.

Eric Peters is a nationally syndicated automotive writer.

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