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smog?

I missed most of the thread on smog, but in California, I just found out 
that there is an interesting twist to the smog law.

My brother has an 85 Ford ranger truck w/ about 155,000 miles...just 
flunked the smog...apparently his replacement catalytic converter failed 
in just a year (prob running too rich), so when they tested the car it 
went high on co2 and o2 , and god(the other one,not on the list) knows 
what else.  Anyway, they had already hooked up to the smog computer, so 
it call the vehicle a gross polluter, and apparently my brother has only 
a few alternatives...

...take truck to junk yard
...trade truck to dealer
...keep truck 5 years, testing the smog every year

if he sells the truck, he will still be liable for five years for any 
smog related problems that come up...

the truck has always been maintained, and no it did not smoke or drive 
any different than when it passed the smog test 2 years ago w/ flying 
colors...

it doesn't seem correct to label a car gross polluter, if all he has to 
do is re tune the vehicle, replace the cat etc....
- -- 
john
'87  325 136k (Dinan Chip, Racing Dynamics springs/Billstein shocks)
'94  318i 18k  
http://www.hooked.net/users/johnt/bmw.html