No procedures like that over here and around the Mid-West. That is why we stay away from NY, CA, OR and the like.
My DPF is killing me , what can i do? Idont go to california
Discussion in 'Ask An Owner Operator' started by Nightrider4156, Nov 22, 2015.
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Cool. So you just need a list of states to stay out of and you're good?
Last edited: Nov 29, 2015
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They check to see if your emissions are still stock. -
You guys are missing the point. If there is no law prohibiting me from modifying it, how can I be found guilty? If I were the kind of person who thought that police were judges, I may roll over and pay the fine... But I'm not, so I wouldn't. Just because a cop interoperates that code to include ME (the end user) does not make it LAW. I would (if questioned) inform the officer that I MYSELF was the person who did the modifications and do not intend to EVER sell my truck. If I ever sell the truck I am responsible for returning the equipment to factory original before selling it.
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Last edited: Dec 1, 2015
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Ok Rank. Show me the written law that says it is illegal. Forgive me for doubting cops but I go through the most notoriously illegal inspection stations in the country everyday (Banning, Rainbow, Tehachapi...) If I accepted every ticket that some CHP rent-a-pig mechanic wanna be cop wrote, I'd be out of business in a month. I'll give you the no BS stats on citations I get, about 30% of the tickets written to me or my drivers over the last 15 years have been beaten because a cop just made stuff up or wrote a VC for an unrelated issue because he couldn't find a code for what he thought should be a violation. Most drivers just accept that since a cop said its illegal, it must be illegal. I see it differently, they are the enemy, their job is to put me out of business, if they have to lie, cheat, or deceive me and a judge to do it... They will.
It is in fact illegal for a "manufacturer, dealer, mechanic," or anyone else to manipulate an emissions system on a truck if they are not the END USER (owner, operator, etc...). It is a requirement that I not sell my truck with manipulated emissions equipment, so I have to return the truck to OEM before selling it to anyone. Some states do have local laws pertaining to excessive smoke, idling, etc, but they can't write a ticket because you altered your truck (unless it causes it to become illegal, like pumping it to 800 HP and it smokes excessively) no different than painting it a color that a cop doesn't like or writing an offensive saying on it.
Side note: If I eliminate my DPF I am required to cover or remove the "clean idle" sticker because I no longer meet those requirements.rodpiper Thanks this. -
I had this very conversation with my father in law just the other day. He was of the same mind as @Guntoter, I was on the fence. My father in law is an experienced Diesel mechanic of the last 40yrs, farmer, and rig owner. I know in Ohio they dont do so many emissions checks, but he still stands by that if he owns it, he can do what he wants with it.
If I remember correctly Ohio law states something about having a modified exhaust being illegal on all roadworthy vehicles. However its been fought many times in court that the car is your property and therefore you can do what you want, however if it is excessively loud, then you can get a noise disturbance ticket. -
Your only hope is in bold red i.e. perhaps, for some reason your truck is not subject to the terms of this law. You will have to do that research yourself since I chose a different defense tactic, I never determined if I am subject to the terms of the sub part.
Here is a link to my emission thread:
I was charged for excessive smoke under 217-5.4 (1)
http://www.thetruckersreport.com/tr...s/3406-b-failed-emissions-in-ny.285725/page-2
Here is a link to the NY the law.
I think 217-5.4 (2) and 217-5.4 (3) might apply to you.
https://govt.westlaw.com/nycrr/Document/I4e8f9f0bcd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
Partial cut and paste of law:
217-5.4 Vehicle owner/operator requirements.
(a) No person who owns, operates, registers, leases, or rents a HDDV subject to the requirements of this Subpart shall operate said vehicle, or allow or permit it to be operated in the State, if the vehicle:
(1) emits smoke in the exhaust emissions with an opacity which exceeds the smoke opacity standards specified in Table 1 of this Subpart pursuant to the effective dates established in section 217-5.2 of this Subpart, when tested in accordance with procedures set forth in section 217-5.5 of this Subpart;
(2) does not have functioning emission control apparatus as required by specifications of the manufacturer;
(3) has any component, element of design, or emission control apparatus, installed or required to be installed on the vehicle or diesel engine which:
(i) is not functioning and will result in the emission test set forth in section 217-5.5 of this Subpart to be discontinued; or
(ii) has been disconnected, detached, deactivated, tampered with or in any other way rendered inoperable or less effective than designed by the original equipment or vehicle or engine manufacturer, including any action which will result in the emission test set forth in section 217-5.5 of this Subpart to be discontinued.Last edited: Dec 5, 2015
bigguns, Guntoter and daf105paccar Thank this. -
New York is pretty clear, you can't delete any emissions equipment because it says "owner/operator requirements". So yeah, that applies to us. They obviously caught on to what I mentioned. Probably only a matter of time before every state does.
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