Glitch means you pay for gas you don't get

The problem compounds the aggravation of record high gas prices. On Thursday, the national average hit a record $3.556 per gallon, according to a survey of stations by AAA and the Oil Price Information Service. That's nearly 71 cents higher than last year, and rising.

"We'll hear complaints about this quite regularly, usually several each week," said Jason Toews, co-founder of the independent nationwide Web site GasBuddy.com that tracks prices and complaints.

"It's mostly about the principle of it," he said. He said the problem usually only costs a consumer pennies per fill-up, but that's more than enough these days.

Toews discounts the conspiracy theories that blame the problem on retailers or the oil industry. Most retailers, he said, wouldn't know how to alter the pumps to their benefit.

A New York Comptroller's Office audit in 2000 found "many municipalities" statewide failed to inspect their pumps once a year as required (the best practice is two inspections every year) and that meters were corrected during testing, which could mask overcharging. Four years later, a follow-up audit found only partial resolution, partly because of too little staffing.

Bob Renkes of the Petroleum Equipment Institute based in Tulsa, Okla., has heard about complaints, "mostly when gas prices are high." He said meters "get looser over time," which could make them malfunction and start to count pennies before fuel starts pumping.

"I think our industry would love to replace anything that wears down," Renkes said. But the check valves aren't a high priority when the industry is dealing with issues such as preventing identity theft when swipe cards are used, static electricity discharges and the 5 percent of retailers whose old mechanical equipment can't register a price of $4 a gallon.

State and local regulators doubt any but the most ambitious consumers would contact them in case of a problem, even though the phone numbers are on inspection stickers. More likely, consumers fume and wonder if they were cheated, or report it to the manager of the gas station or convenience store.

"That's what's tough about this," said Jessica Chittenden, spokeswoman for New York's weights and measures office that oversees local inspectors. "The two cents or whatever would go to the retailer."

Even when a report is made, and a local inspector is dispatched, the problem might not be fixed.

Chittenden said a faulty valve would likely work sporadically: "It's very difficult to find it unless you are there every day several times a day."

Godlewski, the upstate New York inspector, said he's found pumps off by as much as three times the 6-cent threshold. Because of it, his county this year is tracking pump problems and hopes to quantify it for the first time.

"You ask yourself," he said, "`If nobody said anything ... and it's run like that for six months, how many were taken?'"

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