In 2009, at the request of the industry, ARB adopted a new regulatory provision for the exemption of aftermarket critical emission control parts on highway motorcycles. In 2012, the Air Resources Board’s (ARB) Enforcement Division, in conjunction with ARB’s Office of Legal Affairs, discovered that performance exhaust manufacturer V&H Performance, LLC. sold, offered for sale, and/or advertised, in California, aftermarket critical emission control parts. These parts were intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system. However, the parts were not issued ARB Executive Orders that exempt them from California’s anti-tampering laws. The Executive Orders ensure that the aftermarket critical emission control parts comply with the applicable aftermarket part regulations, and thus do not reduce the effectiveness of any vehicle pollution control system or cause the vehicle emissions to exceed applicable emissions standards.
V&H promptly and fully cooperated with ARB during the investigation, and as a result, has already implemented a compliance plan to inform its distributors, dealers, and customers about the types of motorcycle exhaust systems that are legal for sale in the State. In addition, V&H is actively working with ARB’s Aftermarket Parts Section to ensure that all of its aftermarket critical emission control parts that are sold, offered for sale, or advertised in California obtain the necessary exemptions from ARB.
The case was settled in January 2013 with the penalty total of $500,000, being applied to about 2,000 units at approximately $250 per unit. Following is the entire ruling:
