A technician at a Morgan Hill smog check shop fraudulently
inspected and certified vehicles that would not have passed
emissions tests on their own, according to state and local
authorities.
A technician at a Morgan Hill smog check shop fraudulently inspected and certified vehicles that would not have passed emissions tests on their own, according to state and local authorities.
David Nguyen, 56, a San Jose resident, worked at TNT Smog at 16860 Joleen Way when the California Department of Consumer Affairs’ Bureau of Automotive Repair and the Santa Clara County District Attorney’s office jointly conducted an undercover investigation into area smog check shops.
Technicians working at seven shops in Santa Clara County were arrested for using a process known as “clean piping” to falsely certify customers’ vehicles that would not have been in compliance with state emissions regulations, according to the DCA. In most of the cases, a technician used a clean exhaust sample from another vehicle that would pass a smog check, while entering data for the vehicle for which the smog check was requested by its owner, DCA spokesman Luis Farias said.
The shops charged as much as $200 per vehicle to conduct smog checks. At some of the locations, vehicles were “tested” and “certified” without even being present, Farias said.
Investigations of each shop began at different times throughout the spring, according to Farias, and were prompted by “suspicious data” submitted by the shops to state regulators.
Arrest warrants were served on 12 smog check technicians after the results of the undercover operations were turned over to the D.A.’s office.
In August, Nguyen was convicted of four felony counts of false certification of a document by recording a false instrument, D.A.’s spokesperson Amy Cornell said.
He was sentenced to 60 days in Santa Clara County Jail, three years formal probation, 75 hours community service, and a fine of $10,000 to be paid to the DCA in retribution for costs associated with the investigation. He is also no longer allowed to conduct smog tests in California.
Other defendants targeted by the DCA pleaded to similar felony charges, and received similar sentences. Two of the scammers cooperated with prosecutors, and have an opportunity to reduce their charges to misdemeanors after a probationary period, Cornell said.
“This is an environmental rip-off, where shady operators have given a green light to cars that pump smog and other pollutants into the atmosphere,” California Attorney General Jerry Brown said. “Their licenses to do business should be permanently invalidated to send a message that this type of scam won’t be tolerated.”
The BAR will pursue administrative action against those who were convicted, seeking to permanently revoke their auto repair dealer registrations and their smog check station licenses, Farias said.
TNT Smog is still open and conducting smog tests. An employee who answered the phone Wednesday afternoon said Nguyen no longer works at the shop.
Investigations of each shop began independently in the spring of 2009.
Other shops whose owners or technicians were implicated in “clean piping” scams are Tram Test Only Center Inc.; Spartan Test Only; 914 Test Only; 210 Smog Test Only; Century Auto Service, all in San Jose; and Santa Clara Test Only, in Santa Clara.
Farias said anyone who notices suspicious activity involving smog check stations may call the DCA at (800) 952-5210.
Information on assistance for motorists seeking to legitimately pass smog tests is available at the Web site, drivehealthy.com.
