H.R. 724 is a bipartisan bill that would repeal a duplicative and outdated paperwork mandate requiring dealer certification of a new vehicle’s emissions system.
Since 1981, automobile dealers who sell a new vehicle have been required to provide purchasers with a certificate that states the vehicle conforms to Clean Air Act (CAA) emissions requirements. However, subsequently passed laws and dealer contractual obligations have rendered this statutory mandate redundant and obsolete.
Every new vehicle must comply with CAA requirements before it can enter commerce, making it unnecessary for a dealer to also provide a customer with written notification that the vehicle is CAA compliant. This information can be found under the hood of the vehicle or on EPA’s website certifying that the vehicle is CAA compliant, making the government form given by the dealer to the customer duplicative. Additionally, other information contained in the form is either no longer relevant or can be found in the owner’s manual and supplements provided by the manufacturer.
H.R. 724 is narrowly tailored to eliminate this one obsolete statutory mandate that is no longer relevant for today’s automobile marketplace. EPA has apparently never enforced this provision, stating in an undated 1990s memo that “…the Agency has not enforced this regulation in the past, and will probably not enforce it now due to resource constraints….” Finally, the bill was narrowly drafted to ensure that other areas of the Clean Air Act are not impacted, including the anti-tampering provisions of the CAA making it illegal to defeat the emissions technology of the vehicle.Key Points
• The dealer certification mandate imposes a paperwork burden on new car dealers which yields no discernible public benefit.
• The information in the form is either duplicative of information found elsewhere or is obsolete.
• EPA is not enforcing the dealer certification mandate. Statutory mandates that are obsolete and not being enforced should be repealed.
H.R. 724 was introduced on February 14, 2013 by Reps. Latta (R-OH) and Peters (D-MI) and has 106 cosponsors. The bill was reported out of the House Energy and Commerce Committee by voice vote on December 11, 2013 and passed the House on January 8, 2014, by a vote of 405-0. Senators are urged to pass H.R. 724.
» Download the auto industry letter in support of H.R. 724