I agree, but there is money to be made in the non-binding testing, that's why they do it. OEM's could snub the tests since they aren't binding, but the buying public now expects automakers to build cars to arbitrary standards that aren't even made when the vehicles are developed! It's not all a terrible game of increased expectations though. Automakers tout results when they are in their favor to promote sales. The majority of consumers continue to willingly pay increased costs for the safer, more efficient vehicles. Progress through Capitalism!