That's a valid argument in theory. In practice though it should be possible to agree on a set of conditions strict enough to be "fair" and loose enough that the

That's a valid argument in theory. In practice though it should be possible to agree on a set of conditions strict enough to be "fair" and loose enough that the regulator has some wiggle room to adjust the tests as they see fit. And there could be an appeals process whereas when a car fails it can be tested again, and the tests monitored by a 3rd party, etc.