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Harley Davidson Forums - Model Discussions and Technical Discussions @ HDBitchin => General Motorcycle Technical Topics Forum => Topic started by: HDBitchin on August 18, 2016, 01:46:10 PM

Title: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: HDBitchin on August 18, 2016, 01:46:10 PM
http://www.businessinsider.com/us-government-sues-harley-davidson-over-emission-control-defeat-device-2016-8

http://m.wgal.com/news/harleydavison-ordered-to-stop-sales-of-illegal-devices-that-increase-air-pollution/41261494

http://www.aimag.com/harley-davidson-settles-with-epa-over-aftermarket-tuner/

Read the above linked articles

It appears that the Federal government has laid claim that the Screamin' Eagle Race Tuners are being used on the road. Well duh!

Harley Davidson was quoted...

"This settlement is not an admission of liability but instead represents a good-faith compromise with the EPA on areas of law we interpret differently, particularly EPA's assertion that it is illegal for anyone to modify a certified vehicle even if it will be used solely for off-road/closed-course competition," Ed Moreland, Harley-Davidson's government affairs director, said in a statement.

"For more than two decades, we have sold this product under an accepted regulatory approach that permitted the sale of competition-only parts. In our view, it is and was legal to use in race conditions in the US."

Penalty? $15 million!

So I guess those small words in the catalog that said these parts are "intended for off road competition use only" weren't enough to keep them out of hot water. Come on now, we all knew where these parts where being used, on the streets.

What does this mean? Will all the Screamin' Eagle parts go away? What will happen to aftermarket fuel computers and controllers (software)? What about other performance hard parts?

We had a thread here on HDBitchin awhile back on the issues of software in vehicles and an owner's ability to tune and modify his property. With all the aftermarket tuners we have and what just happened here to Harley Davidson we should all be a bit concerned.

Concerns Over Software in Vechicles and What Rights We Have
https://hdbitchin.com/index.php/topic,2681.0.html
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: HDBitchin on August 18, 2016, 02:16:02 PM
Here is the Harley Davidson "investor" page press release on the EPA lawsuit settlement.

Mobile view...
http://investor.harley-davidson.com/mobile.view?c=87981&v=203&d=1&id=2196259

Full browser view...
http://investor.harley-davidson.com/phoenix.zhtml?c=87981&p=irol-newsArticle&ID=2196259
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: J F Go on August 18, 2016, 03:33:18 PM
 So Harley has control over what people do with there products once out the door. Nice. Just another example of way to much gubment. F them and the boat they rowed in on. ::)
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: Haulin on August 18, 2016, 09:42:16 PM
Doesn't the EPA have something better to do? I mean, really. I just hope all those tuners they sold are with the owners and not being held for the owners at the stealerships because if they are, I doubt you'll ever see them again. 
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: WantMore on August 19, 2016, 09:45:28 AM
As said already the aftermarket fuel computer and tuner manufacturers will certainly be next.

We had better go out and buy those Vance & Hines Fuel Pak, Cobra FI2000, DynoJet Power Commander, DynoJet Power Vision, Thundermax, TTS Mastertune and Dobeck units while you can!!

If they did this to HD these guys are next IMO!
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: HDBitchin on August 19, 2016, 06:36:25 PM
So as the below linked article asks, is this the beginning of the end for motorcycle power tuners?

http://www.motorcyclistonline.com/beginning-end-for-motorcycle-power-tuners

Things will change. What happened recently to Harley will soon change the products that we use to tune the lean fuel condition out of our Harley Davidson motorcycles.

The EPA is on the warpath!
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: NoSuperSlabs on August 20, 2016, 07:46:49 AM
IMO! It is really a sign that the political climate has changed. The EPA has had these laws for years. Now that they have slaughtered the HOG get ready for more butchering to come.
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: HDBitchin on August 20, 2016, 09:14:33 AM
IMO! It is really a sign that the political climate has changed. The EPA has had these laws for years. Now that they have slaughtered the HOG get ready for more butchering to come.
Ha ha! "slaughtered the HOG "  I like that!
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: Capital Jack on December 14, 2016, 04:40:46 PM
Rules are made to be worked around to make it run like it should
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: WantMore on December 19, 2016, 09:18:48 AM
Rules are made to be worked around to make it run like it should
But this time Harley Davidson paid dearly for breaking those rules.
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: HDBitchin on July 20, 2017, 07:11:07 PM
The U.S. Justice Department is expected to announce this week it is dropping a requirement that Harley-Davidson spend $3 million to reduce air pollution as part of a settlement the Obama administration announced in August, sources briefed on the matter said.

Last year, as this thread reported Harley Davidson agreed to pay a $12 million civil fine and stop selling illegal after-market devices that cause its vehicles to emit too much pollution as part of a federal court consent decree. It also agreed to spend about $3 million and enter into an agreement with the American Lung Association of the Northeast to retrofit or replace wood-burning appliances with cleaner stoves.

For more information see this news story that came out today...

http://www.reuters.com/article/us-usa-harleydavidson-emissions-idUSKBN1A41UU
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: HDBitchin on November 15, 2019, 06:47:33 PM
Below is the Harley-Davidson letter to all US Dealers providing the dealers guidance on 2017 model year and later Harley-Davidson motorcycles that are not tuned to CARB or EPA standards. If they are not in compliance they would have no powertrain warranty. The only tuner H-D sells in the USA is the Screamin' Eagle Pro Street Tuner and it will not allow adjustments outside the CARB and EPA parameters to maintain compliance with all 50 States and therefore no impact to your warranty.

Dear US Dealers:

Harley Davidson service has received questions regarding warranty coverage on motorcycles that have calibrations installed on them that are not approved by the California air resources Board (CARB) or the US Environmental Protection Agency (EPA). This message is to remind you of the details of the EPA – Harley Davidson settlement.

As communicated in both the dealer letter and dealer news communication of August 18, 2016, Harley Davidson informed the US dealer network of the settlement between Harley Davidson and the EPA. As part of the settlement all 2017 model year and later Harley Davidson's that have been tuned using a tuner or calibration that is not covered by a CARB executive order or otherwise approved by the EPA would have no powertrain warranty. When Harley Davidson is made aware of such modifications a vehicle identification number block is placed on the powertrain; meaning we will, per the settlement deny all warranty claims for functional defects of powertrain components for any Harley Davidson vehicle (model year 2017 or later) registered in the United States. The definition of the powertrain in this instance pertains to the engine and all of its components including the ECM (engine control module), primary drive and transmission including all of its components.

As always, if we are made aware in any way of a non-EPA compliant tuner being installed on a model year 2017 and later motorcycle, those VIN numbers will be placed under the VIN Block for the powertrain warranty.

To help you reduce the likelihood of completing warranty work on a motorcycle that has a VIN block placed on it and subsequently having the powertrain warranty claim denied, the Digital Technician (DT) tool is positioned to protect you and we suggest as a best practice the following steps be followed.

1. Instruct your staff to plug the motorcycle into the DT during the service intake process to see if a non-compliant calibration change has been made and the VIN has been blocked.
2. Check the H-DNet, drop-down tab, "my tool box" then "Vehicle Information" to see if the motorcycle has had a VIN block placed on it for any other reason other than a non-compliant calibration under the EPA settlement.

These steps will inform your service personnel have of a non-compliant calibration, prior to starting any warranty repairs and will provide you the opportunity to set the appropriate expectation with the rider.

As a reminder, all Harley Davidson branded tuner calibration performance products meet EPA compliance requirements.

We encourage you and your staff to watch the video titled "2016 EPA Settlement Compliance"  on H-DNet which discusses the settlement and warrantee implications of non-compliant calibrations.

Thank you,

Robert Bradford
Director Global Service, Warranty & Customer Care.
Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: jordan1200 on March 21, 2020, 03:12:24 PM
This is all worded around 2017 and later years. So why the push against prior years?

Sent from my SM-G960W using Tapatalk

Title: Re: Harley Davidson Settles Fed Lawsuit on Air Pollution On Screamin' Eagle Parts
Post by: HDBitchin on March 21, 2020, 04:30:59 PM
This is all worded around 2017 and later years. So why the push against prior years?

Sent from my SM-G960W using Tapatalk
The letter and the EPA settlement dates back to those model years. The letter was communicating new “warranty policy” to the dealers at that time and date.

The “warranty policy” would be the same today. At the time of the writing of the letter it made reference to the current motorcycle Model Years and other older motorcycles that would be still likely be under warranty and coming into the dealer’s service bays.