vehicle speed sensor malfunction. Circuits OK, no speed sensor attached to instrument panel. Shop declared part could not be found, but charged as if problem properly fixed. I timely complained to Bureau of Automotive Repairs, no response. Accident repairs in 2008 effectively reset CEL w/o intent, passed. I called same Gold Shield shop to locate part if possible a month ago, only today told to go to parts locator. How do I pass smog? Is it illegal to 'reset' CEL to pass? If so, should I sue 2006 shop in small claims for smog passage? (B4 4 yr S/L runs) Or do I have to go through new test fail & diagnosis, parts locator, referee limited parts waiver? Or some other process? What effect does my timely 2006 complaint to BAR (I have all documents) have on what I should do?" />
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Emissions Component
 

1992 Nissan P/U 4 cyl. Check Engine light always on, part unavailable 4 years ago, reset?

"Check Engine" light (CEL) was on continuously from purchase in 2004, failed Test Only smog for that reason only 2006. Gold Shield repair shop 'reset' CEL to pass. I saw CEL off with engine running for FIRST time (briefly). I privately complained, so shop did diagnostic: DTC=14 -> vehicle speed sensor malfunction. Circuits OK, no speed sensor attached to instrument panel. Shop declared part could not be found, but charged as if problem properly fixed. I timely complained to Bureau of Automotive Repairs, no response. Accident repairs in 2008 effectively reset CEL w/o intent, passed. I called same Gold Shield shop to locate part if possible a month ago, only today told to go to parts locator.

How do I pass smog? Is it illegal to 'reset' CEL to pass? If so, should I sue 2006 shop in small claims for smog passage? (B4 4 yr S/L runs) Or do I have to go through new test fail & diagnosis, parts locator, referee limited parts waiver? Or some other process? What effect does my timely 2006 complaint to BAR (I have all documents) have on what I should do?

Answer:  

Is it legal to reset the CEL?... Yes it is, but it's illegal to do it with the intent of getting a smog check failing car to pass without performing required repairs. As far as small claims court... 4 years after the fact is a long time to sue for faulty repairs which were probably evident days (if not hours) after you picked up your Nissan.

 

The right way to go around this is to get a failed smog test, apply to CAP, get accepted and diagnosed, and then either have the Gold Shield CAP station find the speed sensor for your Nissan or send you to the referee's office for a Limited Parts Exemption. If you want to eliminate all the hassle, I suggest finding the part yourself and having a smog repair station install it. I do not believe your Nissan's speed sensor is an unavailable part; I think the smog repair shop in 2006 didn't do a good enough job looking for it. You should verify this with the referee's office.


posted by SmogTips Support
 



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