legality of egr system removal
Discussion in 'Trucker Legal Advice' started by sonnycw, Apr 15, 2012.
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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.
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.Tb0n3 and Sirscrapntruckalot Thank this. -
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….. -
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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.Sooner2000 Thanks this. -
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.
Tb0n3 Thanks this. -
Shops, mechanics cut plea deal in truck emission scheme
Texarkana Diesel Mechanic Shop Guilty Of Violating Clean Air Act | Texarkana Today -
Meanwhile in Alberta
https://www.reddit.com/r/Diesel/comments/1hhw7zc/heres_the_cvip_manuals_section_about_emission/Oxbow Thanks this. -
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.
What branch of government do you think makes the laws?
But until they change the law, this is what we have to live with, just like we have live with ELDs and HOS.Oxbow, wis bang, Sons Hero and 1 other person Thank this.
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