May 06, 2025
Emissions Fraud
Dear Consumer Ed:
I live in Atlanta and recently purchased a vehicle from a dealership. The car showed a valid emissions sticker, but a week after buying the car, it started having issues. When my mechanic inspected the vehicle, he discovered that there was an override device placed on the oxygen sensor that allowed the vehicle to pass emissions. He also said there is no way this car would ever have passed emissions had it not been for the override device. What can I do?
Consumer Ed says:
Sellers and dealers located within the 13 counties that require emissions inspections for vehicle registration (Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding or Rockdale) must ensure that a vehicle has a valid, passing emissions certificate at the time of sale when selling vehicles to consumers residing within these counties. Emissions certificates are valid for one year after the testing date. Fraudulent activities related to emissions inspections—such as using an override device or a false emissions certificate—are considered criminal actions.
Reporting the Fraud and/or Taking Legal Action
If you believe a seller acted fraudulently with respect to the emissions of a vehicle it is selling or has sold—where both seller and buyer are located in one of the aforementioned counties—you have several options. You can:
- File a complaint against the seller on https://cleanairforce.com/
- Report the fraud to the EPA, the Attorney General’s Consumer Protection Division, and local law enforcement.
- File a claim against the dealer’s surety bond. If you wish to obtain surety bond information for a licensed used car dealer, you can submit a request to [email protected].
- Take legal action in the hopes of obtaining financial restitution by either hiring an attorney or filing a claim in magistrate court—commonly referred to as small claims court—in the county in which the seller is located. Note that magistrate court is only for claims that do not exceed $15,000.
Repairing Your Vehicle and Emissions Exemptions/Waivers
You can visit your local county tag office for information about a possible non-renewable 30-day extension on your registration while you address repair needs. Note that if your vehicle fails its initial emissions inspection, you are entitled to one free retest, so long as you return to the original inspection station within 30 days of your initial inspection.
Georgia has a Repair Waiver available which allows you to waive the emissions inspection requirement on qualifying vehicles. For more information on this waiver, you can visit https://cleanairforce.com/motorists/waivers-exemptions-extensions/waivers or a Georgia’s Clean Air Force Service Center. All the following criteria must be met to qualify for the waiver:
- The cost of emissions-related repairs must meet or exceed $1,146.*
*NOTE: The Repair Waiver limit is adjusted annually. Call 1-800-449-2471 to check the current amount. You will need your vehicle identification number (VIN) and/or license plate number. - The vehicle must have failed the initial inspection and the after-repairs inspection.
- The failing vehicle must be present when applying for a Repair Waiver.
Other exemptions from emissions testing include:
- Senior Exemption - Seniors 65 years old or older whose vehicle meets certain additional requirements may be eligible for this Exemption.
- Out-of-Area-Extension - If you and your vehicle are temporarily located well outside of the metro-Atlanta area because you are a student, in the military or have business obligations, you may qualify for an Out-of-Area Extension.
- Antique Collector Vehicles - Vehicles 25 model years old or older are exempt from emissions testing. For registration in 2025, this includes vehicle model years 2000 and older.
- Newer Models - The three most recent model year vehicles are exempt from emissions testing.
For more information on exemptions, visit https://cleanairforce.com/motorists/waivers-exemptions-extensions/exemptions-other.
Submit your own question to Consumer Ed. Remember…we do not give legal advice. Always consult a lawyer about legal issues.