The mechanic is wrong. There are exemptions for BMWs with exhaust headers. The Dinan M5 has an Executive Order:
EO: D-176-24 View PDF
EO Date: 2004-01-27
Manufacturer Name: Dinan Engineering, Inc.
Device: Header System
Device Type: Exhaust System / Exhaust Modification
Part_Number: Model_Specification: Modification_Allowed: Remarks:
D360-6500 2000-2003 BMW M5 4.9L The Dinan Header System is a pair of long tube headers manufactured out of 16 gage stainless steel. The headers are designed in the configuration of 4:2:1. The oxygen sensor remains in the stock location at the collector of the exhaust system.
D360-6510 2000-2003 BMW Z8 4.9L The Dinan Header System is a pair of long tube headers manufactured out of 16 gage stainless steel. The headers are designed in the configuration of 4:2:1. The oxygen sensor remains in the stock location at the collector of the exhaust system.
I know it's not for the M42, but if Dinan could get an exemption for what is absolutely a "performance header," there must be some room for common sense here. It's easy enough to find a few listings for the early-style header. I'm willing to put up a valid Ebay posting for you if you need one.
If that fails, can't you also file an appeal on the Visual Inspection? I found
this site, permitting reports to be filed for this sort of gross incompetence:
You may call DCA at 800-952-5210 to speak with a consumer information specialist about filing a complaint or to obtain pre-printed complaint forms.
Other Complaint Related Links:
Might be worth a half-hour or so, if just to resolve one point of your emissions test. I'd suspect that the "burden of proof" is on the mechanic, not you. Personally, I'd get a lawyer buddy to write an official letter for me. I'd be completely willing to waste a day in small-claims court if the shop refused to back down. In my experience, bullies will always step down if the costs are too high, especially bureaucratic ones.
California is really odd about these sorts of things, aren't they?
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