legality of egr system removal

Discussion in 'Trucker Legal Advice' started by sonnycw, Apr 15, 2012.

  1. OldeSkool

    OldeSkool Road Train Member

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    Boy there’s a lot of felons driving trucks if that’s true.
     
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  3. radio979

    radio979 Bobtail Member

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  4. Ridgeline

    Ridgeline Road Train Member

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    Seriously?

    That's too easy ...

    Section 203(a)(3) of the Clean Air Act (42 U.S.C. § 7522(a)(3)): It is a violation to remove or tamper with emissions control equipment on any vehicle.

    Congress passed this law in 1970 and they told the EPA to enforce it. this law. They limited to $4900 or something that amount, for EACH device that has been tampered with.

    This means if an owner removes the EGR and the Box, and then reprograms the ECM, that is THREE different violations, not one.

    Yes, there is.

    This is why shops have been caught and had to settle or face court and shutdowns, possibly forfeiture of the entire business. I know one such part of the settlements had been releasing to the EPA all the records on the trucks that were tampered with.

    I bought a bunch of trucks from a liquidation sale, five trucks were deleted. It came through the inspection of the trucks and the bank that was handling the liquidation, and those trucks were reduced to scrap prices because the bank had a problem with selling them as whole trucks unless they were restored. The bank went after the owner of the trucks for damaging the value of the assets, they recouped the differences from the losses.
     
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  5. Cat sdp

    Cat sdp . .

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    The guy needs a better lawyer…. Damaging the value of the assets is laughable

    some people have 32 felonies, and didn’t slow them down…..
     
  6. radio979

    radio979 Bobtail Member

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  7. radio979

    radio979 Bobtail Member

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    Wrong, wrong, wrong. That's the problem. You must be a liberal. You BELIEVE that Congress made the law because they created the Clean Air Act of 1970. They didn't have EGR BS in 1970.

    This is EXACTLY why SCOTUS stopped runaway agencies!! The only thing you're almost correct about is Congress telling EPA to enforce policy. Policy. Not law. Over the Liberal years, Congress took a blind eye to EPA mandates which have become quasi-laws.

    You won't find any law that Congress passed related to what you said.

    But what do I know... I'm just a stupid trucker.
     
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  8. AModelCat

    AModelCat Road Train Member

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    I don't believe there is anything specific that says a manufacturer absolutely has to use EGR or any other specific method for pollution control. Government simply sets the standards and the manufacturers decided how to get there.
     
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  9. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    I think the emissions stuff is crap,but the Feds are going after shops that are doing the deletions. Just a quick search found these two.

    Shops, mechanics cut plea deal in truck emission scheme

    Texarkana Diesel Mechanic Shop Guilty Of Violating Clean Air Act | Texarkana Today
     
  10. Ridgeline

    Ridgeline Road Train Member

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    NO NO NO.
    I must be a liberal because I posted a FACT?

    Really the problem is that you are really trying to split hairs on the issue with a lot of case law and legistlative renewals for the past ... oh hell, 55 years on the issue under the Clean Air Act.
    Well DUH!!

    What branch of government do you think makes the laws?
    They did, it was developed in the 1960s, from my sources at GM, it was around 1967 when they were told to do proof of concept on emission controls.
    No that's not what West Virginia v. EPA was about, it had nothing to do with legislated enforcement of the laws or setting regulations to fulfill the legislation that was passed. It was about the broad discretion to create policy that the EPA claimed they had under the CAA. With the CAA in the 70s Congress took a neutral technology position and mandated the EPA can not favor one or another technology, which it did from that point until the early 2000s. All the EPA did was set the numbers, telling the manufacturers that this is what standards they needed to meet.
    I'm right about everything I posted.
    Sorry, they are mandated to enforce the LAW, they come up with the policy in order to do that.

    TO a point I agree with you, but it isn't just liberal years (what ever that is), but congress from the end of the war to date.
    I just did ... 42 U.S.C. § 7401 et seq. [...] mandated that the EPA set National Ambient Air Quality Standards (NAAQS) and regulate pollutants, including hydrocarbons (HCs), carbon monoxide (CO), and nitrogen oxides (NOx).

    I didn't say that, but if you are convinced of that, what can I say?
    I do too, the early controls helped but still, this crap that has been mandated by the government is stupid, the studies have not linked the problems they have in Europe with Diesel powers vehicles here.

    But until they change the law, this is what we have to live with, just like we have live with ELDs and HOS.
     
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