3406 B failed emissions in NY

They've got a set up for the old 12 valve 5.9 Cummins which, from my understanding, is an adjustable linkage that alters the fuel rate from inside the cab. I wonder if a guy could adapt a similar concept onto an A, B, or C block Cat?

 

If the inspector hands me $15K cash money to cover the possible damage to the motor by "flooring it" for 4 seconds in neutral, then I might consider humoring him. Otherwise, it'll be a cold day in hell before I abuse my equipment in that manner. These motors aren't supposed to spin that fast, and when they do, bad things can happen. If they refuse to accept liability for the damage, I refuse to take that risk.

 

Sounds like you've been doing your homework on this.....This nonsense sure gets my BP up, but just a couple of quick thoughts for you to consider...

Since you pleaded NG, there will be a trial, meaning that the little weasel will have to present his case against you himself, as I doubt the DA is familiar enough with this BS to adequately prosecute it by himself, or really even want too for that matter....With that said, you said previously that you had documentation from a certified emissions testing that your engines passes, that's good, you're going to need it.....

Now, request that he provide documentation to the court that: 1. He is certified to conduct said test and to state how many tests he has actually conducted and exactly how long has he been doing this particular test . 2. That he show proof that his equipment was calibrated on that very day and certified accurate. 3. Let him explain to the court exactly what he did on that day, step by step, and attest that his actions were in full compliance with the law.....Remember, he has to prove you guilty, not the other way around....It sure sounds like he didn't follow procedure....

Anyway, good luck on this, I'm hoping it gets squashed....NY, the EMPIRE State, home of fines, fees & taxes.

 

In the trucking business and regulation "operator" means the entity with authority to "operate" as a business in the jurisdiction governed. A "driver" is just that, a driver.
It's not a Commercial Operators License it's a Commercial Drivers License. If NY has no definition, federal definitions should prevail.

Don't give in to those commies. They won't let you off the hook without getting some cash from your wallet. Go to the court clerk and file motions for dismissal. You seem smart enough to google sample motions and look up the laws for the reasons.

Gonna take some time and effort but the win feels ooooh sooo good. I've beaten some 2 bit lawyers at their own game already. Courtrooms and the fluorescent lighting and the deputies and people give me anxiety, thought I was close to fainting, but I did what I had to. Dang judge drew it out over three appearances. Torture for me, another day at work for them!

 

Allow me to play devil's advocate for a minute....when an engine leaves the factory they are governed whether it was mechanically or electronically controlled, therefore a snap acceleration test is not harmful whatsoever unless it has been altered so that it can over-rev and cause damage. These alterations are the reason the EPA demands such stringent emmisions now. Similar case would the "Engine Brakes Prohibited" signs in every town now.....do you think they arrived at this by listening to factory muffled engines exhaling through a DPF/DOC system? No, it was all the straight-piped trucks rattling windows that led to the new law. It's illegal to remove mufflers plain and simple, but instead of ticketing the offending party they threw a blanket over everybody and got the result they wanted.

While it sucks the OP got a ticket and now has to spend his time/money fighting it, fault can only be assigned to engines illegally altered that pushed these new laws into existence.....aka cutting our own throat.

 

Governed or not I'm not flooring the accelerator pedal as quickly as possible and holding full throttle for 4 seconds ......

That test was dreamed up by a jerkoff who isn't paying for repairs.

 

You must be new to the industry. I've owned diesel engines that had no governor installed from the factory. And even if they did, flooring it can and has spun bearings on engines. Floor a silver 92 and its likely to break the crank before you hit 2k rpm. same thing with the v8 cats. There is a reason we learned to drive with a rotten egg under our foot on the accelerator. but if you think no Jake brake laws have only been around since dpfs, then you don't know what a v8 cat or silver 92 even is.