Dynojet Research Fine = $ 1 million

[Longrider]

What I hope people on this forum realize is:

The Dynojet fine is just ONE of many fines relating to motorcycles in California.

California is the lead state in pollution control requirements and enforcement.

All others states are closely watching what California is doing. Several have joined California's law suit against the Federal Government to allow California to set its own Corp Average Mileage requirements for all auto manufactures.

Each person here needs to be a member of their State motorcycle rights organization. The National organizations such as the AMA cannot keep up with each State.

Know what your state is proposing and get your input in early. We blew it here in California and now we are fighting a downhill battle.

Learn from our mistakes.

 

[dcarver]

"The current useful life for motorcycles with engines over 279cc is 5 years or 30,000 kilometers (about 18,640 miles), whichever first occurs."

Oh yeah. Right. Challenge issued!

 

[Bounce]

Same thing as how all you hippies can sell water pipes in a head shop as long as they don't call it a bong!

DUH! those aren't bongs and they'd laugh at you if you tried to sell them as such. Most water pipes are hookahs! Bongs may or may not have water (or ice) in them.

You squares never get your facts straight.

 

[burnergold2B]

Know what your state is proposing and get your input in early. We blew it here in California and now we are fighting a downhill battle.
Learn from our mistakes.

What are the mistakes we can learn from? What's your hindsight tell you/us?

 

[madmike2]

Know what your state is proposing and get your input in early. We blew it here in California and now we are fighting a downhill battle.
Learn from our mistakes.

What are the mistakes we can learn from? What's your hindsight tell you/us?

Let's see this question answered without getting political!

Pay attention to the warnings in motorcycle magazines like MCN and American Motorcyclist. Then respond or ask them what to do.

 

[k7lvo]

Then it quietly moved to bolt on pipes. Harley Davidson closed their Screamin Eagle line of pipes, and I hear most all bolt on pipes will eventually be illegal someday soon.

 

[Fred W]

Just read the blurb on this in American Motorcyclist. From the info reported there it sounds like the fine was a part of a settlement agreement. In other words, DynoJet decided to pay a fine (which was mutually agreed upon) rather than engage in some lengthy litigation with the state to determine if they were guilty of anything.

Other terms of the agreement were not discussed, but I'm sure there would have to have been some.

 

[keithaba]

The company that made the equipment should not get fined though. The individual who actually installed the unit should be fined, since the unit itself does not automatically change the emissions (0 map).
It's almost like fining yamaha with speeding fines, because I went to fast on the FJR.

Same thing as how all you hippies can sell water pipes in a head shop as long as they don't call it a bong! It's not the shops problem what you do with your water pipe!

The company that made the equipment sold their product in a state that specifically prohibits certain modifications to the emissions systems. This is the point. If they knowingly did sell these units, then they are at fault.

I'd have to see the actual written law on that. Does the law actually say, it is illegal to modify the emissions system, or it is illegal to sell items that may be used to modify the emissions system. The two are very different. If it includes selling items that may be used to modify emissions, I cannot understand why PC didn't catch that???

 

[Feejer/Weejer man]

But rather than contest the matter of their PC and their standards, Dynojet has chosen just to pay the fine. Much like other companies and their violations, the fine is way cheaper than paying back all the money made from the underlying deals.

 

[twowheelnut]

I'd have to see the actual written law on that. Does the law actually say, it is illegal to modify the emissions system, or it is illegal to sell items that may be used to modify the emissions system. The two are very different. If it includes selling items that may be used to modify emissions, I cannot understand why PC didn't catch that???

You can start here, but I believe that CARB must approve any device that can be installed after market that may affect the emissions systems. My guess is that the original PCIII was not submitted for approval or it was and wasn't approved.

Edit:

A1. Vehicle Code section 27156 (VC 27156), California's anti-tampering law, prohibits the installation of any add-on or modified emission-related part on any pollution-controlled motorcycles, unless the part has been exempted by ARB. ARB exempts a motorcycle part from the prohibition of VC 27156 if the part is found to do either of the following: 1) not reduce the effectiveness of any required emission control device on the motorcycle or 2) demonstrate that the applicable emission standards are being met when the part(s) are installed on the motorcycle.

So basically, DJ failed to get their wares approved...

Q1. How do I know if I can legally sell or install aftermarket parts for motorcycles?
A1. Vehicle Code section 27156 (VC 27156), California's anti-tampering law, prohibits the installation of any add-on or modified emission-related part on any pollution-controlled motorcycles, unless the part has been exempted by ARB. ARB exempts a motorcycle part from the prohibition of VC 27156 if the part is found to do either of the following: 1) not reduce the effectiveness of any required emission control device on the motorcycle or 2) demonstrate that the applicable emission standards are being met when the part(s) are installed on the motorcycle.

Motorcycles which are manufactured for on-road use have been pollution controlled since the 1979 model year. Starting the 1979 model year, add-on and modified parts for on-road motorcycles have been required to receive an anti-tampering exemption. Likewise, motorcycles which are manufactured for off-road use have been pollution controlled since 1997 model year and are subject to the prohibitions in VC 27156.

Q2. Which motorcycle parts must receive an anti-tampering exemption from ARB?

A2. VC 27156 only applies to emission-related add-on and modified parts. These are parts that are not functionally identical to an original part on the motorcycle. Some examples are fuel injection systems, re-jetting of carburetors, aftermarket catalytic converters, performance camshafts, and gear sprockets. Conversely, parts that serve as direct replacements to stock parts, like spark plugs, plug wires or air cleaner elements, do not need to be exempted. Manufacturers though must maintain records with specification data that confirm their replacement parts are indeed functionally identical. Note that exhaust systems (headers or mufflers) intended for installation on non-catalyst equipped motorcycles are also considered by ARB to be replacement parts provided all emission controls originally connected to the exhaust manifold are reconnected to the exhaust system and are functioning properly.

Non-emission-related parts are not affected by VC 27156 and do not require prior approval from ARB to be sold or installed. Examples of non-emission-related parts include storage bags / racks, mirrors, suspension components, seats, wheel rims, and decorative accessories.

Q3. How do I go about receiving an exemption from ARB?

A3. Aftermarket manufacturers of add-on and modified parts applying for an exemption must submit an application form to ARB describing the part or device, and which motorcycle models that it is intended to be used. The application forms can be found on the following webpage on ARB's Internet site:

https://www.arb.ca.gov/msprog/aftermkt/forms/forms.htm.

In most cases, ARB requires emission testing to confirm compliance with the applicable motorcycle emission standards. More detailed information on how to complete the exemption process can be obtained from the following link:

https://www.arb.ca.gov/msprog/aftermkt/vc27156procedures.pdf.

Once a part is exempted, the manufacturer is issued an Executive Order (E.O.) which certifies that the part is now legal for sale. However, it cannot be installed on a new motorcycle until the motorcycle has been sold to an ultimate purchaser. California law requires that all new motorcycles be sold in their original, emission-certified configuration with no modifications. Failure to comply with any of the above requirements for exemption or sale of such parts can result in enforcement penalties to the aftermarket part manufacturer.

Q4. How do I know that the parts on my motorcycle have received the proper VC 27156 exemption?

A4. Aftermarket part manufacturers are required to provide a label to identify each exempted part sold. The label should indicate the manufacturer's name, device name and a valid E.O. number assigned by ARB. The format of the E.O. number is D-xxx-xxx, where "xxx" is a series of designated numbers. The label is either affixed directly to the part itself or included with the part with instructions to install it in a visible location. Look for this label when shopping for emission-related aftermarket motorcycle parts.

The legality of a part can also be verified from ARB's website:

https://www.arb.ca.gov/msprog/aftermkt/devices/amquery.php.

Parts can be searched by type or by assigned E.O. number.

Bailiff, whack his pee-pee!

 

[Fred W]

still, although the above says that one cannot install these devices on any vehicles, it does not clearly say that they can't be sold. It was probably challenge-able in court if they wanted to send the money to lawyers instead of CARB.

 

[twowheelnut]

Fred, Fred, Fred... Sigh... If a manufacturer has to have his device approved, he cannot sell it here until he gains approval. What part of that don't you get? If he is selling an unapproved device, he is doing so illegally.

Bailiff, whack his pee-pee and debit his bank account One Million Dollars!

 

[Fred W]

Fred, Fred, Fred... Sigh... If a manufacturer has to have his device approved, he cannot sell it here until he gains approval. What part of that don't you get? If he is selling an unapproved device, he is doing so illegally.
Bailiff, whack his pee-pee and debit his bank account One Million Dollars!

Oh, sure. That's what what any reasonable person might infer from the statutes.

But we're talking about lawyers and court cases here!! :blink:

 

[twowheelnut]

Oh, sure. That's what what any reasonable person might infer from the statutes. But we're talking about lawyers and court cases here!! :blink:

D'oh! I forgot about the lawyer card! Sorry!

(and sorry to exskibum, too!)

:lol:

 

[madmike2]

Oh, sure. That's what what any reasonable person might infer from the statutes. But we're talking about lawyers and court cases here!! :blink:

D'oh! I forgot about the lawyer card! Sorry!

(and sorry to exskibum, too!)

:lol:

and Ric-in-Sac (CalTrans ).

 

[keithaba]

Bailiff, whack his pee-pee!

OWWWWWWWWWWWWWWW!!!!!!!!!!!

Oh well, at least I still have my 1 Million Dollars.... and a pole dancer.

 

[evil_henchman]

One thing that continues to elude most everybody is the nature of environmental regulators, especially in California. They are in many ways even worse than the IRS. They quite simply state that you're guilty of some rule violation and it's up to you to prove you're not. You have to go to a special "court" to have your case heard (think tax court) with a CARB judge, ect. and no jury. I've been there and believe me, everybody settles because the last thing you want is escalation when your opponent has unlimited resources and all the cards. Anybody that has to have a permit from a local air district knows what I'm talking about. In my case we got fined about $40,000 for not having our paperwork in order at a power plant. Yeah, it's considered "cost of doing business" in the energy industry and it's budgeted. Shocking eh?

But all this has nothing to do with FJR's or any other motorcycle so let's talk solutions. Since California PC's are sure to be a piece of non adjustable s**t, if I were a vendor who sold Power Commanders I'd be sure have a good stock of NON California models at WFO's and NAFO's. Just in case......

 

[exskibum]

Hey, Tim -- thanks for that bit of research. I'll have to look at it more carefully, but it seems to say that headers and exhaust systems intended for non-CAT applications are not verbotten so long as all emissions stuff is reconnected. That would seem to save my XX's 4-2-1 system, since it is a legally registered 49 states model (in '03, only the CA Blackbirds had CATs). Like I said, I need to check more thoroughly, but hooking up a PC to it seems to have no saving provision.

As is hinted here, part of the reason for the agreement to the fine is the cost of protracted litigation (in whatever forum). Sophisticated business people realize that it is ALL about the bottom line. (And I have done my best to educate principle driven business folks (young contractors mostly) that after their first lawsuit they'll believe me about that -- and I'm about 10 for 10 in getting the "you were right" concession.)

Let's face it: the system is broken for most people who don't have unlimited funds, especially when facing an 800 pound gorilla. You figure out what going on will cost, figure the probabilities of success at each stage best as you can, and then have to look at the cheapest way to end it in light of all teh business circumstances. If Dynojet can get out for $1 million, but decides not to and gets a $500,000 fine after trial and appeal but spends $2 million in attorneys fees getting there, did their attorneys really "win" (even if the result was no fine), and who is making the bad business decision if they were well advised about the costs of continuing the litigation and the probable results?

It's a $1 million settlement -- it is what it is, and that's a mix of pragmatics and legal upper handedness.

 

[juniorfjr]

The automobile aftermarket has dealt with this for years. That is why Edelbrock has cat back systems for on road use.

And IIRC, the states of Oregon and Washington are suing the EPA so they can legally adapt California's clean air standards. Coming to a state near you.

 

[twowheelnut]

Hey, Tim -- thanks for that bit of research. I'll have to look at it more carefully, but it seems to say that headers and exhaust systems intended for non-CAT applications are not verbotten so long as all emissions stuff is reconnected. That would seem to save my XX's 4-2-1 system, since it is a legally registered 49 states model (in '03, only the CA Blackbirds had CATs). Like I said, I need to check more thoroughly, but hooking up a PC to it seems to have no saving provision.

The way I'm reading it, as long as you are not mucking with the cat on up, you are okay. And I believe your comment is also valid as long as you keep OEM approved (hence, CARB approved) emissions gizmos in place and functional. The cans, on the other hand, are falling under the noise regs of the EPA and local noise ordiances, not CARB and should be a separate discussion, IMO.