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Results based emissions testing would eliminate the tampering rule. It shouldn't matter how you get there, as long as what comes out is within specs.
The technology has been around for decades (lidar) that would allow spot testing of emissions, similar to photo radar. A professor at BYU cobbled together a working prototype nearly 30 years ago.
Some say that the tampering rule was put in by the major automobile manufacturers to limit market entry. Perhaps. It certainly has acted to limit market entry.
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