Legislators

Illegal tampering takes us back to emissions levels not seen since the mid-80s. Those who knowingly falsify, tamper with, render inaccurate or fail to install monitoring devices required under the Clean Air Act (CAA) are committing a Federal crime.

Illegal tampering is a growing, prevalent problem. Of the 770 equipment dealers surveyed in April 2019, 45% had equipment come into their dealerships for service, whereby Federal required emission controls had been deleted, modified or disabled.

It’s A Criminal Violation of Federal Law

Criminal Act

It is a crime to knowingly falsify, tamper with, render inaccurate, or fail to install any “monitoring device or method” required under the Clean Air Act (CAA).

Penalty Amounts

Violation of the anti-tampering and defeat device provisions of the Clean Air Act (CAA) may result in fines for manufacturers and dealers up to $47,357 per violative vehicle or engine. For repair facilities, commercial mechanics, and fleet operators, individuals may be fined up to $4,735 per violative vehicle or engine; $4,735 per defeat device.

Modifying or removing emissions control systems degrades air quality, may void the equipment’s warranty along with insurance agreements and is illegal in the U.S. Keeping Diesel Exhaust Fluid (DEF) at the manufacturer’s settings protects the environment, preserves your warranty along with the insurance agreement and respects the law.

Actual Cases to Prove It

As written, most “Right to Repair” laws could jeopardize the sustainability of regulations governing modern ag and construction equipment, leading to safety violations that could put the operators in danger, cause injury or even death. The following are just a sampling of the cases that document the dangers of illegal tampering:

Willamette Essential Oils, Inc.
Turner v. Greenline Equip. Inc.
Hoover v. New Holland

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Air Quality & Public Health

Illegal tampering takes us back to emissions levels not seen since the mid-80s.

Vehicles equipped with emissions control defeat devices produce significantly more emissions than compliant vehicles. EPA testing found that removing all emissions controls (“full delete”) increased:

  • NOx (nitrogen oxides) ~310x
  • NMHC (non-methane hydrocarbons) ~1,140x
  • CO (carbon monoxide) ~120x
  • PM (particulate matter) ~40x
smoke

Removing emissions controls also presents a threat to public health. Increased emissions are linked to:

  • Premature death in people with heart or lung disease
  • Nonfatal heart attacks
  • Irregular heartbeat
  • Aggravated asthma
  • Decreased lung function
  • Increased respiratory symptoms, such as irritation of the airways, coughing or difficulty breathing

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The Right To Repair Is Not
The Right To Modify

We are dedicated to supporting farmers and their equipment needs, providing them with tools and information needed to reduce downtime and maximize productivity. However, we do not condone the Right to Modify where modifications are illegal, unsafe and harmful to the public.

Farm Equipment Manufacturers and Dealers are Committed to Providing Maintenance, Diagnostic, and Repair Tools to End Users

Manufacturers, through authorized agricultural dealers, are committed to provide access to:

For safety, durability, environmental, and liability reasons, diagnostic and repair information and tools will not permit consumers to:

Report Illegal Tampering

If you know of or suspect someone is manufacturing, selling or installing illegal defeat devices, or is tampering with emissions controls, please fill out the form below. All information provided will be kept confidential.