Quote:
Originally Posted by Hersbird
Do they not enforce at the individual level because they can't or won't? I would argue they maybe can't. They can require manufacturers of things to do stuff but they have very little ground to go after what Joe does to Joe's stuff. The state has all the power to make and enforce such laws but the feds will run into resistance and constitutional issues when they start. Just scanning the criminal enforcement part of the CAA I don't see anything about an individual being subject to penalties in modifications they make to their own vehicle. I could be missing it. Even if it is in there has it ever been enforced and then challenged in court and upheld?
Either way you are screwed because you live in New York and they probably will fine a fart.
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The law clearly states the feds can go after an OEM, dealer, or individual.
US Code 7522
(3)(A) for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser; or
(B) for any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use
§7524. Civil penalties
(a) Violations
Any person who violates sections 1 7522(a)(1), 7522(a)(4), or 7522(a)(5) of this title or any manufacturer or dealer who violates section 7522(a)(3)(A) of this title shall be subject to a civil penalty of not more than $25,000. Any person other than a manufacturer or dealer who violates section 7522(a)(3)(A) of this title or any person who violates section 7522(a)(3)(B) of this title shall be subject to a civil penalty of not more than $2,500. Any such violation with respect to paragraph (1), (3)(A), or (4) of section 7522(a) of this title shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine. Any such violation with respect to section 7522(a)(3)(B) of this title shall constitute a separate offense with respect to each part or component.
So up to $25,000 per offence for a OEM or Dealer and up to $2,500 per offence for a individual. Each part installed is a separate offence.
I don't know of any individual charged for simply installing a part. Enforcement tends to be focused on OEMs, import companies, and dealers. For example, Harley Davidson was fined $12 million for knowingly allowing dealers to install off-road only Screaming Eagle tuners before a bike was even sold. Jesse James was fined about $250K for illegally modifying bikes in his custom shop.
Enforcement at the individual level is harder as the feds don't have people checking personal cars. It is the State DMVs that does that in some states. They don't fine violators they just don't renew the registration. Also the state level emission inspections aren't designed to measure actual emission levels. They just check the OBDII computer to see if it is reporting tampering or fault codes and use primitive emissions equipment to fail gross polluters.
Not too long ago the State of California considered a bill to ticket motorcyclists for fitting illegal aftermarket exhausts. The test was simple, exhausts are either stamped DOT approved or "Competition Use Only". A police office could visually check for the stamp and ticket violators. The American Motorcycle Association and SEMA lobbied heavily against it and managed to defeat the bill. They both knew that the vast majority of aftermarket exhausts sold are installed on road bikes not race bikes.