INTRODUCTION 5 EMISSIONS CONTROL COMPLIANCE Exhaust and Noise Emissions General USA The Federal Clean Air Act, Section 203 (a) (3), states the following concerning the removal of air pollution control devices or modification of a certified engine to a non-certified configuration:
CAA, Section (a) (3) (A) prohibits any person to remove or render inoperative any (emission control) device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this part prior to its sale and delivery to the ultimate purchaser, and prohibits any person from knowingly removing or rendering inoperative any such device or element of design after such sale and delivery to the ultimate purchaser.” Specifically, please note that no person may make such changes prior to the sale and delivery of the vehicle to the ultimate purchaser, and, in addition, no manufacturer, dealer, or individual may take such action after sale and delivery of the vehicle to the ultimate purchaser.
For a manufacturer or dealer, the law provides a penalty of up to $37,500 for each engine or piece of equipment in violation. For anyone else, the civil penalty is assessed up to $3,750 for each day an engine or piece of equipment is operated in violation. Canada The same conditions that apply in the USA apply to Canada, with one exception. After the vehicle is sold to a retail customer, that is, the end user, the jurisdiction controlling the emission control devices becomes the province in which the vehicle is licensed. No changes should be made that render any or all of the devices inoperative.
If the owner/operator wishes to make changes to the emission control devices, check with the provincial authority before changes are made. Mexico The same conditions that apply in the USA apply to Mexico. Refer to the Mexican Federal Law for Emission Control which adheres to EPA regulations. No changes should be made that render any or all of the emissions control devices inoperative. If the owner/operator wishes to make changes to the emission control devices, check with the state authority before changes are made.