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DPF Delete Laws / Penalty For Removing DPF

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  • DPF Delete Laws / Penalty For Removing DPF

    Welcome to the DPF delete discussion thread.

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    Important! If you are posting a correction or change, please be sure to reference the code section or include a link to your source!

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    Last edited by LiftLaws; 11-30-2014, 10:26 AM.
    DISCLAIMER: LiftLaws.com does not render legal or other professional advice. LiftLaws.com, and this forum, provide information about the law, however, legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult legal council if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

  • #2
    Diesel Particulate Filters (DPF), Catalytic Converters, and all other emissions related devices are governed by the Environmental Protection Agency's (EPA) Clean Air Act.

    Title II, Part A of the Clean Air Act which covers motor vehicles can be found here: http://epa.gov/oar/caa/title2.html#iia

    In general, the laws and penalties fall into two separate categories:
    • Laws and penalties for car manufacturers, car dealers, aftermarket car part manufactures, mechanics, and so on.
    • Laws and penalties that apply to an individual (usually the vehicle owner).
    Prohibited acts, or the things the EPA considers to be illegal and subject to civil penalties:
    • Manufacturing, importing, selling, or introducing into the market a vehicle that does not meet emissions standards.
    • Failing or refusing to provide records or allow testing or inspection of any vehicle described above.
    • Removing or rendering inoperative any emissions related equipment installed on a motor vehicle.
    • Manufacturing, selling, or installing any device intended to bypass or render inoperative any emissions related equipment.
    Civil penalties for violating the above prohibited acts are as follows:
    • Any person, manufacturer, or dealer that sells, imports, leases, manufactures a vehicle not in compliance with emissions regulations is subject to a civil penalty of not more than $25,000 per instance.
    • Any person who removes, modifies, sells or installs a device that bypasses or renders inoperative any emissions related equipment is subject to a civil penalty of not more than $2,500 per instance.
    • Note: These penalties apply to each and every individual code section violation and every individual part or modification performed.
    Enforcement of these laws and penalties::
    Last edited by LiftLaws; 11-30-2014, 10:26 AM.
    DISCLAIMER: LiftLaws.com does not render legal or other professional advice. LiftLaws.com, and this forum, provide information about the law, however, legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult legal council if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

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    • #3
      For reference, here is the exact wording of the civil penalties code section:

      Any person who violates sections [1] 7522(a)(1), 7522(a)(4), or 7522(a)(5) of this title or any manufacturer or dealer who violates section 7522 (a)(3)(A) of this title shall be subject to a civil penalty of not more than $25,000. Any person other than a manufacturer or dealer who violates section 7522 (a)(3)(A) of this title or any person who violates section 7522 (a)(3)(B) of this title shall be subject to a civil penalty of not more than $2,500. Any such violation with respect to paragraph (1), (3)(A), or (4) of section 7522 (a) of this title shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine. Any such violation with respect to section 7522 (a)(3)(B) of this title shall constitute a separate offense with respect to each part or component. Any person who violates section 7522 (a)(2) of this title shall be subject to a civil penalty of not more than $25,000 per day of violation.

      More: http://www.law.cornell.edu/uscode/text/42/7524
      DISCLAIMER: LiftLaws.com does not render legal or other professional advice. LiftLaws.com, and this forum, provide information about the law, however, legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult legal council if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

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      • #4
        Additional References:

        EPA vs. Edge Products - www.epa.gov/enforcement/air/cases/edgeproducts.html

        Fined $2,500 for no DPF in WA - http://www.powerstroke.org/forum/gen...00-no-dpf.html
        DISCLAIMER: LiftLaws.com does not render legal or other professional advice. LiftLaws.com, and this forum, provide information about the law, however, legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult legal council if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

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