If you’ve been following automotive news, you’ve likely encountered reports about law enforcement in Texas cracking down on fraudulent vehicle inspections, often referred to as the “Clean Scanned” scam. This deceptive practice involves issuing fake motor vehicle inspection certificates, allowing vehicles to pass inspection even when they fail to meet Texas’ safety and emissions standards.
The “clean scan” scam is reportedly widespread throughout Texas. Estimates suggest that tens of thousands of vehicles may be operating on roadways with invalid or fraudulent inspection certifications. Individuals caught participating in this illegal activity, whether issuing or possessing fake inspections, face severe legal repercussions, including felony charges for tampering with government documents.
In this comprehensive guide, we, as car repair experts at carcodepro.com, will delve into the intricacies of the clean scanned scam. We will clarify what this scam entails, explore the potential offenses and penalties associated with this illegal practice, and discuss the broader consequences of engaging with fake vehicle inspections.
It’s crucial to note that while Texas lawmakers passed legislation in 2023 to eliminate mandatory annual vehicle safety inspections, this change does not take full effect until January 1, 2025. Moreover, even after this date, 17 counties in Texas, including major metropolitan areas like Tarrant, Dallas, Denton, and Collin counties, will still require annual emissions testing to comply with federal clean air mandates.
Understanding the Texas “Clean Scan” Scam
The term “Clean Scanning” refers to the fraudulent practice of issuing vehicle inspection certifications to vehicles that would otherwise fail safety or emissions tests. Essentially, an unscrupulous inspection station or inspector provides a passing inspection certificate without actually performing a legitimate inspection. This is often achieved by manipulating the emissions testing process.
In a typical clean scan scenario, the vehicle needing inspection is not even present at the inspection station. Instead, corrupt inspectors obtain the vehicle’s identification information and use a simulator device, resembling a USB flash drive, which is connected to the emissions analyzer in place of the actual vehicle. This device mimics a vehicle’s onboard diagnostic system and can be programmed to generate a passing result – hence, achieving a “clean scan.” These fraudulent emissions certificates are then illegally uploaded into the state’s official system.
Texas Vehicle Safety and Emission Standards: A Closer Look
Despite the upcoming changes in Texas vehicle inspection laws in 2025, it’s important to understand the current regulations and those that will remain in place, especially in the designated 17 counties. Even after the broader safety inspection requirement is lifted, these counties will continue to enforce emissions testing to maintain air quality standards mandated by federal regulations. These counties include Tarrant, Dallas, Johnson, Denton, and Collin, among others. A full list is available from the Texas Department of Public Safety (DPS).
Vehicle inspections in Texas are conducted at licensed Vehicle Inspection Stations authorized by the Department of Public Safety. A valid passing vehicle inspection is a prerequisite for annual vehicle registration renewal and obtaining a vehicle registration sticker. The Texas DPS oversees and enforces the state’s vehicle inspection program, while the Texas Commission on Environmental Quality (TCEQ) is responsible for setting and enforcing emission standards.
Vehicle Safety Standards in Texas
Currently, Texas mandates annual safety inspections for all registered vehicles. These inspections are comprehensive, covering critical safety components. Inspectors meticulously check:
- Brakes: Ensuring proper function and stopping power.
- Headlights, Taillights, and Turn Signals: Verifying visibility and signaling effectiveness.
- Windshield Wipers: Confirming clear visibility in inclement weather.
- Mirrors: Checking for adequate rear and side vision.
Furthermore, vehicles with modifications, such as aftermarket exhaust systems, might be subject to additional safety scrutiny to ensure compliance with state regulations.
Vehicle Emission Testing in Texas
To improve air quality, emissions inspections are currently required in 17 Texas counties. These counties are: Brazoria, Collin, Dallas, Denton, El Paso, Ellis, Fort Bend, Galveston, Harris, Johnson, Kaufman, Montgomery, Parker, Rockwall, Tarrant, Travis, and Williamson.
Texas employs a two-part emissions testing program for gasoline-powered vehicles. This includes:
- On-Board Diagnostic (OBD) Test: A diagnostic tool is connected to the vehicle’s OBD system to detect any emissions-related faults or malfunctions. This test ensures the vehicle’s computer system is functioning correctly and that there are no issues contributing to air pollution.
- Visual Inspection of Emissions Control Equipment: Inspectors visually check emission control components to ensure they are present and appear functional.
Diesel-powered vehicles undergo a similar emissions testing program, but with an additional opacity test to measure visible smoke emissions.
Texas maintains rigorous vehicle emissions and safety standards to safeguard public health, promote environmental sustainability, and adhere to federal regulations. Violations of these standards, including engaging in clean scanning practices, carry serious legal ramifications.
Criminal Penalties for Fake Vehicle Inspections
Issuing or possessing fake vehicle inspections in Texas is a criminal offense, subject to significant penalties. Two primary charges arise from clean scan scams:
Fraudulent Emissions Inspection of a Motor Vehicle
Under Section 548.6035 of the Texas Transportation Code, it is illegal to knowingly:
- Submit false information to the department’s inspection database, falsely stating a vehicle passed inspection, or issue a passing inspection report when:
- The vehicle fails to meet emissions standards.
- The vehicle was not actually inspected.
- Manipulate emissions test results.
- Use emissions data from a different vehicle as a substitute for the vehicle being inspected.
- Bypass or circumvent a fuel cap test.
This offense is typically classified as a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. However, repeat offenders can face a Class A misdemeanor, carrying penalties of up to a year in jail and a $4,000 fine. If intent to harm or defraud is proven, the charge can escalate to a state jail felony, with sentences ranging from six months to two years in a state jail facility and a maximum fine of $10,000.
Tampering with a Government Document
A vehicle inspection certificate is considered a government document. Therefore, creating, presenting, or using a fake certificate is a felony under Section 37.10 of the Texas Penal Code. Tampering with a government document is a third-degree felony, with penalties ranging from 2 to 10 years in prison and a maximum fine of $10,000.
Furthermore, individuals involved in clean scan scams may also face federal charges for Violating the Clean Air Act. As seen in a 2013 case, six individuals in Arlington, Texas, were federally sentenced for circumventing emissions testing procedures by substituting passing vehicles for failing ones. This case resulted in federal prison sentences and probation, highlighting the severity with which federal authorities address emissions fraud.
If you are facing accusations related to fake vehicle inspections, it is imperative to seek counsel from an experienced criminal defense attorney to protect your rights and mitigate potential consequences.
Collateral Repercussions of Fake Vehicle Inspections
Beyond criminal charges, station owners and inspectors engaging in clean scanning face severe administrative penalties, including license suspension or revocation. In “Operation Cinderblock,” launched in March 2023, the DPS announced the suspension or revocation of licenses for 412 vehicle inspection stations and 532 inspectors involved in clean scanning.
The DPS is actively increasing enforcement in partnership with the Texas Commission on Environmental Quality, with expectations to remove licenses from approximately 700 additional inspectors. With over 5,500 emissions inspection stations and 19,400 licensed inspectors in the 17 counties requiring emissions testing, the DPS takes violations seriously.
Inspectors must be DPS-licensed and pass certification tests. Ongoing training is provided to ensure inspectors are current on regulations and technology. Violation consequences range from 12-month suspensions to lifetime revocations, depending on the severity and history of infractions.
Motivations Behind Seeking Fake Vehicle Inspections in Texas
Drivers seek fake inspection stickers for various reasons, often driven by convenience or perceived cost savings. Common motivations include:
Financial Savings
Avoiding repair costs is a primary driver. Owners may seek fake stickers to bypass the expense and inconvenience of repairing vehicles to meet inspection standards, allowing them to drive vehicles with safety or emissions issues unaddressed.
Selling Unsafe Vehicles
Sellers of unsafe vehicles may use fake inspection stickers to avoid repair costs before selling. This allows them to offload potentially dangerous vehicles onto unsuspecting buyers without investing in necessary repairs.
Evading Law Enforcement
Fake stickers create a false appearance of compliance, potentially helping drivers evade law enforcement. Officers might be less likely to scrutinize vehicles displaying seemingly valid stickers, even if the vehicle is non-compliant. This can enable drivers to operate unsafe or polluting vehicles without detection.
Facilitating Fraudulent Activities
Fraudulent vehicle registrations obtained through fake inspections can enable other illegal activities. A fake registration can provide a semblance of legitimacy for insurance fraud, toll evasion, and other activities requiring vehicle ownership and registration proof. The black market demand for fake inspections creates financial incentives for unscrupulous inspectors and stations to engage in clean scanning.
Accused of a Car Inspection Scam in North Texas? Seek Legal Help.
Law enforcement agencies like the DPS are aggressively targeting fake vehicle inspections, aiming to set examples with those arrested. If you are arrested or investigated for clean scanning, prompt action and skilled legal representation are crucial.
At Varghese Summersett, we offer experienced legal defense to investigate allegations, challenge evidence, and protect your future. Beyond potential jail time and fines, you may face license suspension, job loss, difficulty finding employment, and reputational damage. Contact us at 817-203-2220 for a free consultation to discuss your defense.
Frequently Asked Questions about Clean Scanning Cars in Texas
What crackdowns have been related to fake vehicle inspections in Texas?
Texas DPS and other law enforcement agencies have conducted numerous operations targeting fraudulent motor vehicle inspections over the past decade. Notable examples of crackdowns related to the “clean scanned” scam in Texas include:
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Operation Cinderblock (2022-Present): Texas DPS launched “Operation Cinderblock” to target stations and inspectors suspected of clean scanning. This ongoing operation has resulted in the suspension or revocation of licenses for hundreds of stations and inspectors.
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Operation Sticker Shock (2016): A statewide enforcement effort resulting in numerous arrests of inspectors and shop owners involved in fraudulent inspection schemes.
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Operation Dirty Air (2019): A multi-agency investigation in the Houston area targeting air quality violations, including fake inspections, leading to arrests and station shutdowns.
These operations demonstrate the ongoing efforts to combat clean scanning and fraudulent inspections in Texas.
Can a car dealer sell a vehicle without a valid inspection sticker in Texas?
No, car dealers in Texas are legally prohibited from selling vehicles without valid inspection stickers. Vehicles sold must have passed state safety and emissions inspections. Dealers are responsible for ensuring vehicles have valid stickers before transferring ownership. Buyers should verify the presence of a valid inspection sticker before purchasing a vehicle from a dealer.
Can I register a car without an inspection sticker in Texas?
No, vehicle registration in Texas requires a valid inspection sticker. A passing state inspection is a prerequisite for vehicle registration. Therefore, you must obtain a valid inspection sticker before attempting to register a vehicle in Texas.
What’s the difference between a fake inspection scam and fake license plate scam in Texas?
- Fake Inspection Scam: Involves fraudulent inspection certificates or manipulated test results to falsely indicate a vehicle passed inspection. The aim is to avoid repair costs.
- Fake License Plate Scam: Involves using illegal license plates (stolen, fake, or belonging to another vehicle). The aim is often to evade registration fees, taxes, or law enforcement.
Both scams are illegal and carry significant penalties. Vehicle owners must ensure both valid inspections and legal license plates to remain compliant.
What happens if your vehicle fails inspection in Texas?
If your vehicle fails inspection in Texas, you must complete necessary repairs to meet state standards. This may involve repairing brakes, lights, emissions systems, etc. After repairs, the vehicle must be re-inspected within 15 days at a licensed inspection station. Failure to repair and re-inspect within this timeframe can lead to fines or vehicle impoundment. Promptly address any issues causing inspection failure to avoid penalties.
What should you do if you are under investigation for issuing fraudulent motor vehicle inspections?
If you are under investigation, the first step is to immediately contact a criminal defense attorney experienced in fraud cases. Firms like Varghese Summersett can provide legal guidance, explain your options, and develop a defense strategy. Contacting legal counsel as soon as possible is crucial to protecting your rights. Call 817-203-2220 for a free consultation.
