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Tuesday, August 5, 2014

Tampering with truck emission controls - just don't do it !

Hello, and welcome to The Toolbox. I recently came across this article on emission tampering, and it opened my eyes to several things. I knew unhooking or deleting an emission device has been illegal for some time, but I didn't realize the fines involved or the extent of possible liability. I also didn't realize the law pertains to ALL road vehicles, including medium and heavy trucks. Below is a link to the five-part article.


                       While you read, look for the following facts pertaining to this issue:

  • Any modification of a vehicle engine or its emission system that impact NTE (not-to-exceed) emissions, GHG (greenhouse gas), or fuel efficiency, is illegal.
  • Service facilities can be fined up to $37,500 per incident, customers up to $3,750.
  • Service providers who identify tampering during emission system maintenance and fail to bring the vehicle into compliance can be fined the same as if they had tampered with the system. (Note that to be in violation, the service provider must be hired to perform work on the emission system.)
  • A recent survey showed that only 55% of dealers were aware of the $37,500 fine, and 24% thought the maximum fine was $3,750. 15% thought there was no fine at all.


                                                         hazards of emission tampering


If you think for a moment you can easily come up with nightmare scenarios about customers who don't want to pay for the repair the law requires. If this happens you are supposed to inform the EPA. Do you think you will still have that customer after you throw him under the Federal Government bus?

What if a customer comes in with a dead injector and during scanning and testing, you discover a modification that also sets an emission - related code? What if that customer tells you he won't fix it because you were hired to diagnose a driveability problem, not one related to emissions?

The article does state that the government is working to clear up grey areas in the law, but there are sure to be instances of unfair application of the rules, and we all know that an independent repair shop is almost certain to be at the losing end of such an exchange. All technicians and shop owners need to be fully aware of these laws and decide beforehand how incidents will be handled.

Thanks for reading, and come back soon.
Bruce


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