Word from Mr. William Ferreira Attorney at Law

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Word from Mr. William Ferreira Attorney at Law

stopthestarprogram
Administrator
To Advanced Emission Specialists and Smog Station Owners,

Recently, the Bureau of Automotive Repair launched an initiative known as the STAR Program, a new vehicle to control Emission Testing in the State of California set to go into effect very soon.  

What is troubling about this program is the manner in which this data is utilized to punish and
prevent access to the testing of directed vehicles – vehicles that are the lifeblood of many current test
only stations and technicians.  

There are several legal issues affecting the legality of this program.  The first and most prescient is the manner in which this program was implemented - without authorization from the state legislature and without going through the proper channels.

In short, the Bureau is trying to implement program requirements bereft of the proper legislative devices, subverting the people of the State of California, including the people who perform these tests, the technicians and shop owners.

This is an absolute violation of law – we will not stand for it.

Secondly, we have a situation where Station Owners are being held accountable for their
technicians by a legal principle known as strict liability.

Owners delegate the testing of vehicles to qualified technicians licensed by the State of
California. Technicians sign under penalty of perjury in regards to the performance of their duties as a
Smog Technician. Owners should be able to rely on the testing abilities of someone who the State has
certified to perform said testing.

It is not the responsibility of Station Owners to regulate the activities of technicians to the level
with which the Bureau suggests. This is violative of the licensing scheme and structure, overstepping
the bounds with which the Bureau was authorized to legislate.

Station Owners cannot be responsible for any testing performed by a licensed technician. It is
the Bureau’s responsibility to regulate technicians. Requiring owners to look over the shoulder of
technicians is simply unprofessional.

This is an absolute violation of law – we will not stand for it.
Finally, we have the Bureau, in their infinite wisdom, holding the station and technician
accountable for 1) what a consumer has done to their vehicle and 2) what a consumer will do to their
vehicle upon leaving the testing facility.

If the vehicle comes to your facility with incomplete monitors, fails subsequent tests because of
poor maintenance, or if you happen to work in an area where vehicles are not maintained, your Star
rating will be punished.

This is an absolute violation of law – we will not stand for it.
We are currently drafting a lawsuit on behalf of all similarly situated Technicians and Shop
Owners to prevent the implementation of the Star Program as it violates several tenants of due process
of law, subjecting the technician and shop owner to the loss of either their business or employability
for factors outside of their control.

The Star program is a heinous example of the Bureau exceeding their authority in the
application of their duty to regulate emission testing in the State of California.
The Star Program further violates several tenants of law, stripping individuals of
constitutionally protected proprietary interests in their professional licenses without due process of
law.

We intend to put this program to a stop.

We need your help.

Collectivized action from the voice of thousands of technicians and shop owners is the way to
stop the Star program. This is the only way to ensure equitable testing procedures for all shops and
technicians.

We cannot do this alone.

Cesar and Oscar Gomez are spearheading the efforts, creating a network of shops and
technicians to become involved with the case. We need numbers -numbers too big to ignore.

Our law firm has been tirelessly defending shops and technicians for years against the Bureau
of Automotive Repair in license defense cases.

We have defended hundreds of hard working shops and technicians from the onslaught of
litigation brought by power hungry Bureau Representatives who have treated mechanics, shop owners,
and smog technicians like second class citizens.

It’s time to stop the Bureau. The time to stop them is now.
We are pleased to announce we are spearheading these efforts to help the plight of technicians
and shops in the drafting, filing, and prosecution of a writ for administrative mandamus to put a stop to
this program.

Join us in our fight to stop the star program. Be a part of history in a groundbreaking effort to
voice the concerns of technicians and shop owners and thwart the implementation of constitutionally
violative program set to hurt members of the automotive community.

If you have any questions, feel free to give our office a call at any time.

Sincerely,


William Ferreira
Attorney at Law
Automotive Defense Specialists
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Re: Word from Mr. William Ferreira Attorney at Law

W. Shakespeare
"Tenant"...???

Dear Mr. Legalese, check the definition and usage. You are probably trying in your own fashion to say "tenet", meaning belief or principle, I'd guess. But hey, I don't make my living by communication skills like you do...
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Re: Word from Mr. William Ferreira Attorney at Law

Reactor
Just trying to help... Right, Mr Shakespeare? Otherwise why would you even be here.
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Re: Word from Mr. William Ferreira Attorney at Law

barrym95838
Administrator
This post was updated on .
Reactor wrote
Just trying to help... Right, Mr Shakespeare? Otherwise why would you even be here.
I welcome celebrity visitors ... especially the world-famous ones!

Mr. Shakespeare, it's an honor to greet you!  Am I mistaken in my understanding that you spent most of your adult life making your living "by communication skills" (sic)?  Or perhaps I'm just being foolish, and your first name isn't William, but rather Woody, or Wanker, or something like that.

If I'm mistaken, please accept my apologies.  Do continue to share your thoughts, however, and I promise that I will do my part to give them all of the attention that they deserve.

Sincerely,

barrym95838
EO144107

P.S.  It was rather late when I posted the above, and I forgot to add my most important thought on the subject.  Mr. Shakespeare, you are well known for a keen intellect, in addition to your impeccable skills as one of the 'original' word-smiths.  What do you think about the actual points being made in Mr. Ferreira's post, minor spelling and grammatical error(s) aside?
“Never attribute to malice that which can be adequately explained by stupidity.”
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Re: Word from Mr. William Ferreira Attorney at Law

doctor J
In reply to this post by stopthestarprogram
Someone writing about violations must provide specific reference (code #, date of issue) which business codes  are violated  by the STAR program
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Re: Word from Mr. William Ferreira Attorney at Law

stech
In reply to this post by stopthestarprogram
Mr Ferriera is correct, BAR is violating laws in State of California and it should not be tolerated, there should be a system for regulating these entries and exits from the STAR program and an appeal system.

Face it, "STAR STATION" is the word for "new" SMOG STATION - how can you be a "non-STAR" station and still survive, it is impossible. So instead of shutting down the shops they invent a program where they can arbitrarily certify and de-certify any station at will without any need for any hearings, administrative reviews, appeals, etc. The false premise was to reduce the smog check price and provide convenience to California citizens, can anyone tell me California citizens benefitted from the program, except that now they're paying higher prices and have to look longer to find a test station.

I am not against the "QUALITY ASSURANCE" in the industry, I actually like the online reporting system.
I am saying this as a smog technician with a high score and currently employed at a STAR station.

So if you think I am bitter because I am not STAR certified that's not it. Our family owns the station and I know if we're not STAR certified we cannot pay rent as 50%+ of our business consist of testing directed vehicles.

I am just terrified it is so arbitrary to lose.


Read this this is from somebody I know at BAR South City field office, Bruce H Saugez who wrote to me by email. He is against these practices as well but this is pushed to them top down from Sacramento through field office managers, this is JUST PLAIN WRONG, this is now how a publicly funded agency should operate.

Bruce Howard Saugez, Program Representative IIs at South San Francisco Field Office
Bureau of Automotive Repair


"The theme is now every shop deserves punishment.  And, if you don't
get them the first time, try again.  You're bound to catch someone on
a bad day.  Besides, it will be easier to discourage shops, and drive
them out of business with rediculos fines, than to explain to them in
a year or two that the Smog program has sold out to OBDII only tests
conducted by minmum wages fluckies at oil changer shops."

This gives you a proof about BAR's mentality.. if you want to protest contact your elected representative and State Governor and quote this message and ask for explanation and investigation.

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Re: Word from Mr. William Ferreira Attorney at Law

tampered
stech wrote
This gives you a proof about BAR's mentality.
What proof?  

Give us the source of this quote.
Loaded for bear, licensed for quail.
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Re: Word from Mr. William Ferreira Attorney at Law

Horvat_42
In reply to this post by stopthestarprogram
That’s nice. Keep posting such details here. Anyways, I too would be taking MBE test soon and I will prefer solving previous MBE Practice Questions for passing this test. I’m sure I would be able to crack this test with good score.
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Re: Word from Mr. William Ferreira Attorney at Law

INLANDSMOG
Ferreira is a Dumbass, it's all about the $ to him. Bill by the hour and do nothing but talk......
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Re: Word from Mr. William Ferreira Attorney at Law

D Rochells 150861
He probably has more money than everyone on this site combined though. Working with BAR teaches everyone its all about the money.
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