ALERT! Drag Specialties Waiver Story

This post raised quite a few questions from quite a few folks, and so I reached out to the Thomas Paine of the Salt Flats, Keith ‘Bandit’ Ball himself, to help me try to break this all down for you guys.

I sent the bastard Bandit a list of questions that I have seen people asking on social media and compiled them here for you all. Before we get to his interview, let me break down a few things he says.

You will see him mention ESG. This stands for Environmental, Social and Governance and is a type of credit score for businesses. This is being used by the EPA to enforce the green agenda on businesses… if you don’t comply with their forced agenda, you will get a bad ESG score that can affect business loans and stuff. ESG compliance is best personified in lay-terms by looking at Bud Light cans, Disney remakes, paper straws, cow farts, and EV vehicles.. the whole rainbow of the ‘go woke or go broke’ agenda.

We already know the heavily regulated Harley-Davidson has boarded that long green train rolling over American Industry with their EV Livewire… and now Drag Specialties is drinking the green Kool-Aid as well. This is important because, if dealers speak out against this program, they could risk losing their Drag Specialties business. Drag Specialties is now massively important to the aftermarket… and this game plan will be forced on other aftermarket manufacturers and distributors as well.

The Drag Specialties waiver is just the beginning of some serious overreach by the emissions control crowd… and if they have their way, when we roar through tunnels and under bridges, it will soon sound like a bumblebee in a Mason jar.

ESG means using Environmental, Social and Governance factors to assess the sustainability of companies and countries. These three factors are seen by liberals and tree huggers as embodying the three things they consider to be the major challenges facing corporations and wider society, now encompassing climate change, human rights and adherence to laws. Keep in mind, no-one voted for this shit.

 

An example of H-D babying their ESG score is the Live Wire Program.

So… without further ado, let’s get to that interview with the legendary Keith Ball, comprised of your questions and mine.

What does the Drag Specialties waiver waive?

It’s basically testimony that could be used in a court of law. Whoever fills it out and signs it is testifying that said performance product is not being used on the streets but only on the race track.

Who created the waiver?

Drag Specialties the largest distributor of aftermarket parts in our industry. They were no-doubt bullied by the EPA and or the ESG government agencies.

What do they hope to accomplish?

This is all about being doomed via Climate Change which does not even exist. CO2 is not a pollutant and more CO2 means a healthier planet, the opposite of the anti-Fossil Fuel, anti-human movement. The control-freak movement is simple. “We are doomed, so we must do everything possible to reverse everything over the last century that improved our lives” is their battlecry.

Who will enforce it?

EPA and any other government agency they can recruit, like CARB in California (the California Air Resources Board).

What is the punishment for violating it?

Extremely stiff fines. I haven’t seen where they will actually confiscate motorcycles, but that will be coming sooner or later.

What parts and bikes does it affect?

It will affect all bikes capable of being modified in a performance manner. The parts affected are the ones that are pertinent to emissions, like pipes and air cleaners and engine components.

Can onboard computers and GPS be used as enforcement?

This is a good question. No doubt any onboard computer system capable of monitoring the performance or omissions can detect changes.

Does it pertain to certain year models or engine sizes?

No. It’s all of them.

Will it affect my insurance?

Not at this point. Although, down the road fines may be recorded on your record. Then they will surely impact insurance pricing.

Is it state or national?

It has recently gone national. Before it was restricted to California.

Are there any similar current laws in effect?

It might depend on your state.

Are they doing this to cars too?

Absolutely.

Is it similar to the mandated governors on automobiles proposal in California?

Yes and no. It’s just another effort. Don’t say governors out loud…

Can they use the computers in my engine to track the parts added to my bike?

In some cases, with later model bikes, absolutely. Computers will become an element of monitoring and evidence.

Can they use GPS to force me to comply to the waiver?

In a sense yes. If you can be tracked riding a performance enhanced motorcycle on the highway, you have invalidated the waiver.

Can they take my bike or disable it from running if I violate the waiver?

Currently, I believe we are facing stiff fines only. Think about it…. If a government agency comes to your door to check your motorcycle, what will happen? Say you have installed a performance cam, ignition system, air cleaner and exhaust system. The fine could be $500 per item. They might require you to return it to stock configuration and prove you did.

What do we do to stop it?

Start by joining the MRF or the IMA, which is focused on independent shops and bike builders. And maybe join the CO2 Coalition and learn the truth.

Will protests or writing our legislative bodies help?

Yes. We must do anything and everything. In a sense, Drag’s problem might spur the motorcycle industry, the motorcycle rights movement and the individual riders to step up in a big way.

I have one last question. Does the waiver pass the buck down to the repair shop, or the rider?

That’s what it’s designed to do, pass the buck away from Drag Specialties to the dealer and ultimately to the customer.

Where do I find the Motorcycle Riders Foundation and join this fight?

Since the mid ‘90s when we threw our helmets in the corners, our lifestyle has lived a pretty lackadaisical sense of freedom. That lifestyle is now being smothered by Green New regulations. And y’all better be paying attention. It’s time for us to rise up and work with our MROS and the MRF to unify once again… because whether you like it or not, we are now the third monkey on the ark and it’s already starting to rain.

-Amy Irene White

Additional info sent by Chris Callen, Cycle Source Magazine

IMPORTANT INFORMATION:

SALES OF RACE ONLY PARTS
The federal Environmental Protection Agency’s policies related to tampering and defeat devices are publicly available at the following sites:

https://www.epa.gov/sites/production/files/2020-12/documents/ epatamperingpolicy-enforcementpolicyonvehicleandenginetampering.pdf

https://www.epa.gov/sites/production/files/2020-12/documents/ tamperinganddefeatdevices-enfalert.pdf

https://www.epa.gov/sites/production/files/2021-01/ documents/caatitleiivehicleenginepenaltypolicy011821.pdf

The EPA has taken civil and criminal enforcement action against companies and individuals for violations of the Clean Air Act’s tampering and defeat device prohibitions. By ordering “Race Only” parts from LeMans Corporation, d/b/a Parts Unlimited® and Drag Specialties® (“LeMans”), you, as the selling retailer, expressly acknowledge and assume all the responsibility for ensuring and documenting information to verify that the sale or installation of every “Race Only” part is for competition racing vehicle use only.

Examples of such documentation include:
 

Require that the buyer of the part(s) sign an acknowledgement that the part is for “Race Use Only.” The acknowledgement would contain enough information (i.e., invoice number, purchase date, purchaser name, part number, etc.) to be able to track the part to its ultimate installation.

 
Evidence that the vehicle is not registered in any State for highway use.

The detailed owner or operator information and vehicle VIN are recorded.

The vehicle is being used in only closed course competition events like King of the Baggers®, BRL Bagger Racing League®, SUPER HOOLIGAN®, AMA FLAT TRACK®, or one of the hundreds of similar competition racing use only events throughout the US (road race, flat track, drag racing and land speed).

If you have questions regarding the information that you should collect as evidence that the part purchased from LeMans and sold or installed by you/your company will be used only on a “Race Only” vehicle as intended, please refer to your legal counsel or racing trade association.
 

This notice is a material condition of LeMans’ willingness to sell the product to you. By accepting the terms:

You are solely responsible to verify and document that use of “Race Only” parts will be limited to competition racing use consistent with the terms of this notice on each individual sales transaction;
 

You will provide LeMans with copies of the documentation that shows evidence of the use of “Race Only” parts purchased from LeMans upon request; and

You consent to the disclosure of your identity to any governmental entity responsible for regulating emissions and/or enforcing emissions laws, if requested.

NOISE REGULATIONS

A number of jurisdictions/states have exhaust noise laws. Exhaust products advertised might not be legal for sale or use on highway vehicles in such jurisdictions/states. Check applicable laws and regulations.

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