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Old 01-26-2018, 08:14 PM   #262 (permalink)
JSH
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Quote:
Originally Posted by Hersbird View Post
Again, I understand states can do it, but read that more carefully. Breaking down part B because the penalties of part A only apply to selling such things, "principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design." So a slight change seems a stretch of the bypass, defeat, break language. Then we still haven't gotten to if the federal government even would have this authority if challenged in a court. Most would probably just pay the $2500 fine but maybe that's why they don't enforce it on individuals. They have a tough case to prove when a jury is going to be sympathetic to the little guy against the heavy hand of tyranny when modifying cars is kind of a great American tradition.
Section A: clearly covers after sale: "for any person knowingly to remove or render inoperative any such device or element of design after such sale and delivery"

Section A covers removing or disabling. IE cutting out your catalytic convertor or drilling it out to remove the internals.

Section B covers replacement parts. IE - replacing your exhaust with an competition only replacement.


The EPA doesn't have the staff to chase after individuals or mess around with 5 digits fines. CAA settlements are here: https://cfpub.epa.gov/enforcement/ca...tePage=12&ID=1
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