Smog-Check Loophole Under Fire

County Supervisor Brian Bilbray called on the Department of Motor Vehicles on Monday to crack down on cars commuting from Mexico by holding them to the same air-quality standards that California motorists must follow.

Bilbray charged that a bureaucratic “loophole” exists for motorists who register their cars in California, but list Mexico addresses, thus exempting them from state smog check laws.

To correct the situation, Bilbray said, DMV authorities need to require smog checks on vehicles that commute daily from Mexico to San Diego County, which could be determined by requiring motorists to disclose their work addresses.

“I think it’s time we sent a strong message that there is going to be equity under the enforcement of this law,” Bilbray said. “We have got to do away with the double standard . . . so that everyone who has economic access to San Diego County’s business community will bear the same level of responsibility to the ecology.”

Cars commuting from Mexico compose 1% of traffic on San Diego streets and highways, but those same vehicles account for up to 13% of automobile-generated smog in the county, Bilbray said.

But DMV officials say they lack the authority to enforce the policy change as proposed by Bilbray.

“We’re not refusing, but we don’t feel we have the authority to refuse to register a vehicle from that country (Mexico) because they won’t tell us where they work,” said Carole Bedwell, chief administrator of the DMV program and policy administration division.

Such a determination, Bedwell said, could only be accomplished by the California Legislature or through a formal regulatory process. But Bilbray said the DMV does have the authority to make the regulatory change.

To accomplish his goal, Bilbray said, he will ask his fellow supervisors acting as the county’s Air Pollution Control board to reject a revised regional air quality strategy in June pending an agreement with DMV authorities on the issue.

The revised air quality plan is part of the state Legislature-approved California Clean Air Act, which requires an annual 5% reduction in smog producing emissions to be achieved by reducing auto use.

Members of a South Bay environmental group joined several county supervisors in supporting Bilbray on the issue.

“It’s another situation where Mexican residents can go through another loophole that California residents can’t,” said David Gomez, president of Citizens Revolting Against Pollution. “Here in California we have to have our cars smogged.”

County Supervisor George Bailey said he “absolutely” supports Bilbray’s proposal.

“You’re asking our people to undertake tremendous costs in order to meet the air standards, but the contribution from south of the border tends to make our efforts less meaningful because they’re adding to the pollution, which is counting against us,” Bailey said.

Supervisor John MacDonald was more cautious with his support.

“We have in general supported the concept that there ought to be regulations that require vehicles coming across the border to have proof of smog checks,” MacDonald said. “But I want to hold my decision on whether to vote until I take a closer look at the regional air quality strategy.”