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Emissions

EMISSIONS INFORMATION

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SUMMARY

Compliance is everyone’s responsibility. Ignorance of regulations is not a defense for non-compliance in the eyes of the government. The regulations in regard to emissions are widely published and available in print and online. We have a responsibility to understand and follow them to the best of our ability.

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NOTES AND DEFINITIONS

Note: The California Air Resources Board (CARB) and/or the Environmental Protection Agency (EPA) does not permit the use of aftermarket emissions-related part(s) that alter the performance of OEM emissions-related devices unless carb has issued an Executive Order, other than on racing vehicles on closed courses.

Note: Aftermarket products, including but not limited to exhausts, catalytic converters, oxygen sensors, fuel/air controller modules, air filter kits, camshafts, O2 eliminators, and carburetors and jet kits which alter, modify, or replace emission control devices or systems of an originally compliant highway motorcycle, are not legal for sale or street use in California unless they have been issued a California Air Resources Board (CARB) Executive Order. Aftermarket emissions-related products which have not been issued an Executive Order or which are not aftermarket Replacement Parts, as defined in Title 13, California Code of Regulations, Section 1900(b)(2), are authorized for closed circuit race use only. Some Trask Performance products may be designed, manufactured, intended and sold for closed circuit race use only and use of the same on public roads or lands may be a violation of local, state and/or federal laws.

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Emissions-related defined terms

  • “CARB E.O.” means the specified Executive Order issued by CARB. An Executive Order constitutes an exemption by CARB from CA Vehicle Code 27156 and 38391, for sale of the part number for the make/model/year fitment(s) specified in the Executive Order.
  • “Replacement Part” means any aftermarket part intended to replace an original equipment emissions-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions (including durability), or a consolidated part.
  • “Qualified Manufacturer Declared Replacement Part” means any aftermarket part intended to replace an original equipment emissions-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions (including durability), or a consolidated part, that has been evaluated and declared by the manufacturer to meet this definition and carry this categorization and designation label. This manufacturer has declared in writing that it has documentation, based upon sound engineering judgment, indicating the replacement part does not reduce the effectiveness of any required emission control device and it does not cause the modified vehicle/engine/equipment to exceed applicable emissions standards for that make/model/year fitment(s) advertised.

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STATEMENTS

  • Trask Performance products are designed for use on motorcycles with non-catalyzed exhaust and/or emissions systems. Use on motorcycles subject to EPA and/or CARB regulations constitute tampering and is a violation of federal and local law unless it can be shown that such use does not cause the motorcycle to exceed applicable EPA and CARB standards.
  • Trask Performance is unable to provide a comprehensive list of motorcycles equipped with catalyzed and/or emissions-controlled exhaust.
  • Prior to purchasing a Trask Performance exhaust system for your motorcycle, it is imperative that you check with a Harley-Davidson (franchised) dealer to ensure the OEM motorcycle exhaust system does not/did not contain a catalytic converter. 

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ASSAULT 2-1 EXHAUST DECLARATION

 

The Trask Performance Assault 2-1 Exhaust was tested by an independent testing and consulting laboratory, which is a regulatory compliance specialist certified in Environmental Protection Agency testing, California Air Resources Board testing, and in Federal and California emissions regulations. The testing laboratory stated that this exhaust did not adversely affect the emissions output greater than the allowable standard.  As such, the Trask Performance Assault 2-1 Exhaust is approved as a Qualified Manufacturer Declared Replacement Part for a limited fitment and application.

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Note

In the future, Trask Performance reserves the right to develop an Assault 2-1 Exhaust that would contain a Catalytic Converter. If such action is taken, we recognize that we would have to conduct proper testing and submit an application for a California Air Resources Board Executive Order. A space in the table below is provided for an applicable Executive Order number if one is gained in the future. For Assault 2-1 Exhaust without an Executive Order number, the letters NA (Not Applicable) will be assigned.

 

The list below represents the only Assault 2-1 Exhaust that are California Compliant for the years specified:

LeMans PN#’s Trask Performance PN#’s Description Manufactures Declaration for California Models Replacement Part Fitment Executive Order Number Certificate of Compliance
1800-2204 TM-5000 EXHAUST 2:1 ASLT STR 7-16 Replacement Part Harley Davidson Non CVO,
FL Touring Models, Fuel Injected2007
NA Download
1800-2205 TM-5001 EXHAUST 2:1 ASLT KO 07-16 Replacement Part Harley-Davidson Non-CVO,
FL Touring Models, Fuel Injected 2007
NA Download
1800-2208 TM-5021 EXHAUST 2:1 ASLT FXD91-05 Replacement Part Harley-Davidson, FXD Models, 1991-1994 NA Download
1800-2209 TM-5020 EXHAUST 2:1 ASLT FXD06-17 Replacement Part Harley-Davidson, FXD Models, Fuel Injected
2006-2007
NA Download
1800-2210 TM-5030 EXHAUST 2:1 ASLT FXR84-00 Replacement Part Harley-Davidson, FXR Models,
1984-1994 and 1999-2000
NA Download

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REFERENCES

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13 CA ADC § 1900

Barclays Official California Code of Regulations, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 1. Motor Vehicle Pollution Control Devices, Article 1. General Provisions (Refs & Annos), Definitions

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13 CA ADC § 2220

Barclays Official California Code of Regulations, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives, Article 2. Aftermarket Parts (Refs & Annos), Applicability

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13 CA ADC § 2221

Barclays Official California Code of Regulations, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives, Article 2. Aftermarket Parts (Refs & Annos), Replacement Parts

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13 CA ADC § 2222

Barclays Official California Code of Regulations, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives, Article 2. Aftermarket Parts (Refs & Annos), Add-On Parts and Modified Parts

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13 CA ADC § 2224

Barclays Official California Code of Regulations, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives, Article 2. Aftermarket Parts (Refs & Annos), Surveillance

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13 CA ADC § 2225

Barclays Official California Code of Regulations, Title 13. Motor Vehicles, Division 3. Air Resources Board, Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives, Article 2. Aftermarket Parts (Refs & Annos), Enforcement Action

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MIC FAQ-CA AFTERMARKET EXHAUST

Motorcycle Industry Council, Frequently Asked Questions about Aftermarket Exhaust Systems for Motorcycles and ATVs In California

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§ 1900. Definitions.

13 CA ADC § 1900

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

 

Barclays Official California Code of Regulations

    Title 13. Motor Vehicles

         Division 3. Air Resources Board

              Chapter 1. Motor Vehicle Pollution Control Devices

                   Article 1. General Provisions (Refs & Annos)

 

13 CCR § 1900

§ 1900. Definitions.

 

(a) The definitions of this section supplement and are governed by the definitions set forth in chapter 2 (commencing with section 39010), part 1, division 26 of the Health and Safety Code, unless a specific definition set forth therein has been revised in section (b) below to conform to federal law pursuant to Health and Safety Code section 39601. The definitions set forth in the applicable model-year new vehicle certification and assembly-line test procedures adopted in this chapter are hereby incorporated by reference.

 

(b) In addition to the definitions incorporated under subdivision (a), the following definitions shall govern the provisions of this chapter;

 

  1. “Add-on part” means any aftermarket part which is not a modified part or a replacement part.

(2) “Consolidated part” means a part which is designed to replace a group of original equipment parts and which is functionally identical of those original equipment parts in all respects which in any way affect emissions (including durability).

(3) “Emissions-related part” means any automotive part, which affects any regulated emissions from a motor vehicle which is subject to California or federal emission standards. This includes, at a minimum, those parts specified in the “Emissions-Related Parts List,” adopted by the State Board on November 4, 1977, as last amended June 1, 1990.

(4) “Gaseous fuels” means any liquefied petroleum gas, liquefied natural gas, or compressed natural gas fuels for use in motor vehicles.

(5) “Heavy-duty engine” means an engine which is used to propel a heavy-duty vehicle.

(6) “Heavy-duty vehicle” means any motor vehicle having a manufacturer’s gross vehicle weight rating greater than 8,500 pounds, except passenger cars.

(7) “Identical device” means a crankcase emission control device identical in all respects, including design, materials, manufacture, installation and operation, with a device which has been certified by the Air Resources Board or the Motor Vehicle Pollution Control Board pursuant to the Health and Safety Code, but which is manufactured by a person other than original manufacturer of the device.

(8) “Independent low volume manufacturer” means a manufacturer with California annual sales of less than 10,000 new passenger cars, light-duty trucks and medium-duty vehicles following aggregation of sales pursuant to this section 1900(b)(8). Annual sales shall be determined as the average number of sales sold for the three previous consecutive model years for which a manufacturer seeks certification; however, for a manufacturer certifying for the first time in California, annual sales shall be based on projected California sales for the model year. A manufacturer’s California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer’s nameplate shall be treated as California sales of the marketing manufacturer. The annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, one of which is 10% or greater part owned by another, except in circumstances for which the Executive Officer determines that 10% or greater ownership by one of the firms does not result in responsibility for overall direction of both firms; or (2) vehicles produced by any two or more firms if a third party has equity ownership of 10% or more in each of the firms; or (3) vehicles produced by two or more firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies; or (4) vehicles imported or distributed by all firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.

(9) “Intermediate volume manufacturer” means any pre-2001 model year manufacturer with California sales between 3,001 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2001 through 2002 model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2003 through 2017 model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification; and any 2018 and subsequent model year manufacturer with California sales between 4,501 and 20,000 new light- and medium-duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification. For a manufacturer certifying for the first time in California, model year sales shall be based on projected California sales. A manufacturer’s California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer’s nameplate shall be treated as California sales of the marketing manufacturer.

 

For purposes of applying the 2005 through 2017 model year zero-emission vehicle requirements for intermediate-volume manufacturers under section 1962(b) or 1962.1(b), as applicable, the annual sales from different firms shall be aggregated in the case of (1) vehicles produced by two or more firms, each one of which either has a greater than 50% equity ownership in another or is more than 50% owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 50% in each firm.

 

For purposes of applying the 2009 through 2016 model year Greenhouse Gas requirements for intermediate volume manufacturers under section 1961.1, the annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, each one of which either has a greater than 10% equity ownership in another or is more than 10% owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 10% in each firm.

 

For the 2018 and subsequent model years, the annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, one of which is 33.4% or greater part owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of 33.4% or more in each of the firms; or (3) vehicles produced by two or more firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies; or (4) vehicles imported or distributed by any firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.

 

(10) “Large volume manufacturer” means any 2000 and subsequent model year manufacturer that is not a small volume manufacturer, or an independent low volume manufacturer, or an intermediate volume manufacturer.

(11) “Light-duty truck” means any 2000 and subsequent model motor vehicle certified to the standards in section 1961(a)(1) or 1961.2 rated at 8,500 pounds gross vehicle weight or less, and any other motor vehicle, rated at 6,000 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.

(12) “Medium-duty passenger vehicle” means any medium-duty vehicle with a gross vehicle weight rating of less than 10,000 pounds that is designed primarily for the transportation of persons. The medium-duty passenger vehicle definition does not include any vehicle which: (1) is an “incomplete truck” i.e., is a truck that does not have the primary load carrying device or container attached; or (2) has a seating capacity of more than 12 persons; or (3) is designed for more than 9 persons in seating rearward of the driver’s seat; or (4) is equipped with an open cargo area of 72.0 inches in interior length or more. A covered box not readily accessible from the passenger compartment will be considered an open cargo area, for purposes of this definition.

(13) “Medium-duty vehicle” means any pre-1995 model year heavy-duty vehicle having a manufacturer’s gross vehicle weight rating of 8,500 pounds or less; any 1992 through 2006 model-year heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission vehicle certified to the standards in section 1960.1(h)(2) having a manufacturer’s gross vehicle weight rating of 14,000 pounds or less; any 1995 through 2003 model year heavy-duty vehicle certified to the standards in section 1960.1(h)(1) having a manufacturer’s gross vehicle weight rating of 14,000 pounds or less; and any 2000 and subsequent model heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission vehicle certified to the standards in Section 1961(a)(1), 1961.2, 1962, or 1962.1 having a manufacturer’s gross vehicle weight rating between 8,501 and 14,000 pounds.

(14) “Modified part” means any aftermarket part intended to replace an original equipment emission-related part and which is not functionally identical to the original equipment part in all respects which in any way affect emissions, excluding a consolidated part.

(15) “Motorcycle Engine” means an engine which is used to propel a new, street-use motorcycle.

(16) [Reserved]

(17) “Passenger car” means any motor vehicle designed primarily for transportation of persons and having a design capacity of twelve persons or less.

(18) “Reactivity adjustment factor” means a fraction applied to the NMOG emissions from a vehicle powered by a fuel other than conventional gasoline for the purpose of determining a gasoline-equivalent NMOG level. The reactivity adjustment factor is defined as the ozone-forming potential of clean fuel vehicle exhaust divided by the ozone-forming potential of gasoline vehicle exhaust.

(19) “Recall” means:

(A) The issuing of notices directly to consumers that vehicles in their possession or control should be corrected, and/or

(B) Efforts to actively locate and correct vehicles in the possession or control of consumers.

(20) “Replacement part” means any aftermarket part intended to replace an original equipment emissions-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions (including durability), or a consolidated part.

(21) “Subgroup” means a set of vehicles within an engine family distinguishable by characteristics contained in the manufacturer’s application for certification.

(22) “Small volume manufacturer” means, with respect to the 2001 and subsequent model-years, a manufacturer with California sales less than 4,500 new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification as a small volume manufacturer; however, for manufacturers certifying for the first time in California model-year sales shall be based on projected California sales. A manufacturer’s California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer’s nameplate shall be treated as California sales of the marketing manufacturer. Except as provided in the next paragraph, for the 2009 through 2017 model years, the annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, one of which is 10% or greater part owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of 10% or more in each of the firms; or (3) vehicles produced by two or more firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies; or (4) vehicles imported or distributed by any firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity. Notwithstanding the provisions of this paragraph, upon application to the Executive Officer, a manufacturer may be classified as a “small volume manufacturer” for the 2013 through 2017 model years if the Executive Officer determines that it is operationally independent of the firm that owns 10% or more of the applicant or has a greater than 10% equity ownership in the applicant based on the criteria provided in the last paragraph of this subsection (b)(22).

 

For purposes of compliance with the zero-emission vehicle requirements, heavy-duty vehicles and engines shall not be counted as part of a manufacturer’s sales. For purposes of applying the 2005 through 2017 model year zero-emission vehicle requirements for small-volume manufacturers under sections 1962(b) and 1962.1(b), the annual sales from different firms shall be aggregated in the case of (1) vehicles produced by two or more firms, each one of which either has a greater than 50% equity ownership in another or is more than 50% owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 50% in each firm. Notwithstanding the provisions of this paragraph, upon application to the Executive Officer, a manufacturer may be classified as a “small volume manufacturer” for the 2013 through 2017 model years if the Executive Officer determines that it is operationally independent of the firm that owns 50% or more of the applicant or has a greater than 50% equity ownership in the applicant based on the criteria provided in the last paragraph of this subsection (b)(22).

 

Except as provided in the next paragraph, for the 2018 and subsequent model years, the annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, one of which is 33.4% or greater part owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of 33.4% or more in each of the firms; or (3) vehicles produced by two or more firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies; or (4) vehicles imported or distributed by any firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity. Notwithstanding the provisions of this paragraph, upon application to the Executive Officer, a manufacturer may be classified as a “small volume manufacturer” for the 2018 and subsequent model years if the Executive Officer determines that it is operationally independent of the firm that owns 33.4% or more of the applicant or has a greater than 33.4% equity ownership in the applicant based on the criteria provided in the last paragraph of this subsection (b)(22).

 

For the purposes of this paragraph, all manufacturers whose annual sales are aggregated together under the provisions of this subsection (b)(22) shall be defined as “related manufacturers.” Notwithstanding such aggregation, the Executive Officer may make a determination of operational independence if all of the following criteria are met for at least 24 months preceding the application submittal: (1) for the three years preceding the year in which the initial application is submitted, the average California sales for the applicant does not exceed 4,500 vehicles per year; (2) no financial or other support of economic value is provided by related manufacturers for purposes of design, parts procurement, R&D and production facilities and operation, and any other transactions between related manufacturers are conducted under normal commercial arrangements like those conducted with other parties, at competitive pricing rates to the manufacturer; (3) related manufacturers maintain separate and independent research and development, testing, and production facilities; (4) the applicant does not use any vehicle powertrains or platforms developed or produced by related manufacturers; (5) patents are not held jointly with related manufacturers; (6) related manufacturers maintain separate business administration, legal, purchasing, sales, and marketing departments, as well as autonomous decision-making on commercial matters; (7) the overlap of the Board of Directors between related manufacturers is limited to 25% with no sharing of top operational management, including president, chief executive officer, chief financial officer, and chief operating officer, and provided that no individual overlapping director or combination of overlapping directors exercises exclusive management control over either or both companies; and (8) parts or components supply between related companies must be established through open market process, and to the extent that the manufacturer sells parts/components to non-related manufacturers, it does so through the open market a competitive pricing. Any manufacturer applying for operational independence must submit to ARB an Attestation Engagement from an independent certified public accountant or firm of such accountants verifying the accuracy of the information contained in the application, as defined by and in accordance with the procedures established in 40 C.F.R. §80.125, as last amended January 19, 2007, which is incorporated herein by reference. The applicant must submit information to update any of the above eight criteria as material changes to any of the criteria occur. If there are no material changes to any of the criteria, the applicant must certify that to the Executive Officer annually. With respect to any such changes, the Executive Officer may consider extraordinary conditions (e.g., changes to economic conditions, unanticipated market changes, etc.) and may continue to find the applicant to be operationally independent. In the event that a manufacturer loses eligibility as a “small volume manufacturer” after a material change occurs, the manufacturer must begin compliance with the primary emissions program in the third model year after the model year in which the manufacturer loses its eligibility. The Executive Officer may, in his or her discretion, re-establish lost “small volume manufacturer” status if the manufacturer shows that it has met the operational independence criteria for three consecutive years.

 

Note: Authority cited: Sections 39010, 39600, 39601, 43013, 43018, 43101 and 43104, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39500, 40000, 43000, 43013, 43018.5, 43100, 43101, 43101.5, 43102, 43103, 43104, 43106 and 43204, Health and Safety Code; and Section 27156, Vehicle Code.

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§ 2220. Applicability.

13 CA ADC § 2220

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

 

Barclays Official California Code of Regulations

    Title 13. Motor Vehicles

         Division 3. Air Resources Board

             Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives

                   Article 2. Aftermarket Parts (Refs & Annos)

 

13 CCR § 2220

§ 2220. Applicability.

 

This article shall apply to all aftermarket parts which are sold, offered for sale, or advertised for sale for use on motor vehicles which are subject to California or federal emissions standards. To the extent applicable, the results of any tests conducted pursuant to Article 1 may be used in total or partial fulfillment of the requirements of this article.

 

Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; and Sections 27156, 38390 and 38391, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code.

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§ 2221. Replacement Parts.

13 CA ADC § 2221

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

 

Barclays Official California Code of Regulations

    Title 13. Motor Vehicles

          Division 3. Air Resources Board

             Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives

                  Article 2. Aftermarket Parts (Refs & Annos)

 

13 CCR § 2221

§ 2221. Replacement Parts.

 

(a) Any replacement part subject to the provisions of this article shall be presumed to be in compliance with this article unless the executive officer makes a finding to the contrary pursuant to Section 2224(a).

 

(b) The manufacturer of any replacement part subject to the provisions of this article shall maintain sufficient records, such as performance specifications, test data, or other information, to substantiate that such a replacement part is in compliance with this article. Such records shall be open for reasonable inspection by the executive officer or his/her representative. All such records shall be maintained for four years from the year of manufacture of the replacement part.

 

Note: Authority cited: Sections 39000, 39002, 39003, 39500, 39600, 39601 and 43150, Health and Safety Code. Reference: Sections 27156, 38391 and 38395, Vehicle Code; and Sections 43000 and 43644, Health and Safety Code.

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§ 2222. Add-On Parts and Modified Parts.

13 CA ADC § 2222

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

 

Barclays Official California Code of Regulations

    Title 13. Motor Vehicles

          Division 3. Air Resources Board

              Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives

                  Article 2. Aftermarket Parts (Refs & Annos)

 

13 CCR § 2222

 

§ 2222. Add-On Parts and Modified Parts.

 

(a) As used in this section, the terms “advertise” and “advertisement” include, but are not limited to, any notice, announcement, information, publication, catalog, listing for sale, or other statement concerning a product or service communicated to the public for the purpose of furthering the sale of the product or service.

 

(b)(1) Except for publishers as provided in subsection 3, no person or company doing business solely in California or advertising only in California shall advertise any device, apparatus, or mechanism which alters or modifies the original design or performance of any required motor vehicle pollution control device or system unless such part, apparatus, or mechanism has been exempted from Vehicle Code section 27156, and the limitations of the exemption, if any, are contained within the advertisement in type size to give reasonable notice of such limitations.

 

(2) Except for publishers as provided in subsection 3, no person or company doing business in interstate commerce shall advertise in California any device, apparatus, or mechanism which alters or modifies the original design or performance of any required motor vehicle pollution control device or system and not exempted from Vehicle Code section 27156 unless each advertisement contains a legally adequate disclaimer in type size adequate to give reasonable notice of any limitation on the sale or use of the device, apparatus, or mechanism.

(3) No publisher, after receipt of notice from the state board or after otherwise being placed on notice that the advertised part is subject to and has not been exempted from the provisions of Vehicle Code section 27156, shall make or disseminate or cause to be made or disseminated before the public in this state any advertisement for add-on or modified parts subject to the provisions of this article, which have not been exempted from Vehicle Code section 27156, unless such advertisement clearly and accurately states the legal conditions, if any, on sale and use of the parts in California.

(4) The staff of the state board shall provide, upon request, model language which satisfies these requirements.

 

(c) No person shall advertise, offer for sale, or install a part as a motor vehicle pollution control device or as an approved or certified device, when in fact such part is not a motor vehicle pollution control device or is not approved or certified by the state board.

 

(d) No person shall advertise, offer for sale, sell, or install an add-on or modified part as a replacement part.

 

(e) The Executive Officer may exempt add-on and modified parts based on an evaluation conducted in accordance with the “Procedures for Exemption of Add-on and Modified Parts,” adopted by the state board on November 4, 1977, as amended June 1, 1990.

 

(f) Each person engaged in the business of retail sale or installation of an add-on or modified part which has not been exempted from Vehicle Code section 27156 shall maintain records of such activity which indicate date of sale, purchaser name and address, vehicle model and work performed if applicable. Such records shall be open for reasonable inspection by the Executive Officer or his/her representative. All such records shall be maintained for four years from the date of sale or installation.

 

(g) A violation of any of the prohibitions set forth in this section shall be grounds for the Executive Officer to invoke the provisions of section 2225.

 

(h)(1) Prior to January 1, 2009, the Executive Officer shall exempt new aftermarket catalytic converters from the prohibitions of California Vehicle Code sections 27156 and 38391 based on an evaluation conducted in accordance with the “California Evaluation Procedures for New Aftermarket Non-Original Equipment Catalytic Converters” as adopted by the state board on August 19, 1988.

 

(2) On or after January 1, 2009, the Executive Officer shall exempt new aftermarket catalytic converters from the prohibitions of California Vehicle Code sections 27156 and 38391 based on an evaluation conducted in accordance with the “California Evaluation Procedures for New Aftermarket Catalytic Converters” as amended by the state board on September 28, 2017, incorporated by reference herein.

(3) No person shall install, sell, offer for sale or advertise, any new aftermarket catalytic converter in California unless it has been exempted pursuant to the procedures as provided in this subsection.

(4) For the purposes of this regulation, a new aftermarket catalytic converter is a catalytic converter which is constructed of all new materials, is not a replacement part as defined in Title 13, California Code of Regulations, section 1900, and is not an original equipment catalytic converter. A catalytic converter which includes any new material or construction not equivalent to the materials or construction of the original equipment catalytic converter (e.g., an original equipment catalytic converter can with a new non-original equipment substrate) shall also be considered a new aftermarket catalytic converter.

 

(i)(1) On or after July 1, 2008, or after 30 days from the date of filing of this subsection with the Secretary of State, whichever is later, no person shall install, sell, offer for sale, or advertise any used, recycled, or salvaged catalytic converter in California.

 

(2) Prior to July 1, 2008, or 30 days from the date of filing of this subsection with the Secretary of State, whichever is later, no person shall install, sell, offer for sale or advertise, any used, recycled, or salvaged catalytic converter in California unless the catalytic converter has been exempted pursuant to the “Procedures for Exemption of Add-On Parts and Modified Parts,” adopted by the state board on November 4, 1977, as amended June 1, 1990.

(3) For the purposes of this regulation, a “used catalytic converter” is a catalytic converter which is not a new aftermarket catalytic converter as defined in Subsection (h)(4), or a replacement part as defined in section 1900.

 

(j) The Executive Officer shall exempt aftermarket critical emission control parts on highway motorcycles from the prohibitions of California Vehicle Code sections 27156 and 38391 based on an evaluation conducted in accordance with the “California Evaluation Procedures for Aftermarket Critical Emission Control Parts on Highway Motorcycles,” as adopted on January 22, 2009, which is incorporated by reference herein.

 

(k)(1) The Executive Officer shall exempt new aftermarket diesel particulate filters for on-road heavy-duty diesel engines from the prohibitions of California Vehicle Code section 27156 based on an evaluation conducted in accordance with the “California Evaluation Procedure for New Aftermarket Diesel Particulate Filters Intended as Modified Parts For 2007 Through 2009 Model Year On-Road Heavy-Duty Diesel Engines,” as adopted on March 1, 2017, which is incorporated by reference herein.

 

(2) No person shall install, sell, offer for sale, or advertise any new aftermarket diesel particulate filter for on-road heavy-duty diesel engines in California unless it has been exempted pursuant to the procedures as provided in this subsection.

(3) For the purposes of this subsection, a new aftermarket diesel particulate filter is a diesel particulate filter which is constructed of all new materials, is not a replacement part as defined in section 1900, and is not an original equipment diesel particulate filter. A diesel particulate filter which includes any new material or construction not equivalent to the materials or construction of the original equipment diesel particulate filter (e.g., an original equipment diesel particulate filter can with a new, non-original equipment substrate) shall also be considered a new aftermarket diesel particulate filter.

(4) For the purposes of this subsection, the term “original equipment diesel particulate filter” is a new diesel particulate filter that is originally installed in a new on-road heavy-duty diesel engine’s certified emission control system.

(5) No person shall install, sell, offer for sale, or advertise any used, remanufactured, refurbished, recycled, or salvaged diesel particulate filter in California.

(6) For the purposes of this subsection, a “used diesel particulate filter” is a diesel particulate filter, which is not a new aftermarket diesel particulate filter, as defined in subsection (k)(3), or a replacement part as defined in section 1900.

Note: Authority cited: Sections 39600, 39601, 43000, 43000.5, 43011 and 43107, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000, 43000.5, 43009.5, 43011, 43107, 43204, 43205, 43205.5 and 43644, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code.

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§ 2224. Surveillance.

13 CA ADC § 2224

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

 

Barclays Official California Code of Regulations

    Title 13. Motor Vehicles

          Division 3. Air Resources Board

             Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives

                Article 2. Aftermarket Parts (Refs & Annos)

 

13 CCR § 2224

§ 2224. Surveillance.

 

(a) Replacement parts. The executive officer may order, for cause, the manufacturer of any replacement part subject to the provisions of this article to submit any records relating to such part which are maintained pursuant to section 2221(b) above. The executive officer may order, for cause, the manufacturer of any replacement part subject to the provisions of this article to submit a reasonable number of parts typical of the manufacturer’s production for testing and evaluation. If, after a review of all records submitted by the manufacturer and of the results of any tests conducted by the state board’s staff, the executive officer finds that such part is not in fact a replacement part, the executive officer may invoke section 2225. Replacement parts evaluated pursuant to this section shall be compared with the specifications contained in the applicable vehicle manufacturer’s application for certification.

 

(b) Add-on parts and modified parts. The executive officer may order, for cause, the manufacturer of any add-on part or modified part subject to the provisions of this article to submit a reasonable number of parts typical of the manufacturer’s production for testing and evaluation. In-use performance will also be evaluated. This will include Inspection and Maintenance requirements and compliance with onboard diagnostic system regulations. If, after a review of the results of any tests or evaluations conducted by the state board’s staff and of any information submitted by the manufacturer, the executive officer finds that an add-on part or a modified part does not conform to the “Procedures for Exemption of Add-on and Modified Parts,” the executive officer may invoke section 2225.

 

Note: Authority cited: Sections 39600, 39601 and 43011, Health and Safety Code; and Section 27156, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code.

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§ 2225. Enforcement Action.

13 CA ADC § 2225

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

 

Barclays Official California Code of Regulations

    Title 13. Motor Vehicles

          Division 3. Air Resources Board

              Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives

                   Article 2. Aftermarket Parts (Refs & Annos)

 

13 CCR § 2225

§ 2225. Enforcement Action.

 

(a) When this section is invoked pursuant to other sections of this article, the executive officer may issue a cease and desist order and may require the person to submit a plan for correcting any deficiencies found by the state board. The executive officer may order any of the actions contained in the plan, and/or may declare a part to be not in compliance with Vehicle Code Section 27156 unless he/she finds the plan adequate to correct the deficiencies found by the state board. The plan may be required to include such corrective actions as the cessation of sale of non-complying parts, the recall of any non-complying parts already sold, and corrective advertising to correct misleading information regarding the emission control capabilities of the device and to ensure compliance with California’s laws. The executive officer may also seek fines for violations of Vehicle Code Section 27156, or other laws or regulations, as applicable.

 

(b) When this section is invoked by the executive officer on either his/her own initiative or in response to complaints received, an investigation may be made by the executive officer or his/her representative to gather evidence regarding continuing violations of this article by any person engaged in the business of advertising, offering for sale, selling, or installing an add-on or modified part.

 

(c) Any person against whom enforcement action (other than the filing of an action in court) is initiated pursuant to this section may request a public hearing to review the enforcement action.

 

(d) Nothing in this article shall prohibit the executive officer from taking any other action provided for by law, including the prosecution of an action in court.

 

Note: Authority cited: Sections 39515, 39516, 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43600, 43641 and 43644, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code.

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MIC FAQ-CA AFTERMARKET EXHAUST

 

Frequently Asked Questions about Aftermarket Exhaust Systems for Motorcycles and ATVs In California

 

Motorcycle Industry Council

Revised 08/30/2012

 

This document contains the Motorcycle Industry Council’s interpretation of California law and

regulations related to aftermarket exhaust systems. MIC has prepared this document in an effort

to clarify related issues for dealers in California. Please contact memberservices@mic.org with

any questions.

 

What exhaust systems and slip-on mufflers can a California dealer sell or install without violating California air pollution control requirements?

 

Aftermarket exhaust systems that can legally be sold under California’s air pollution control

requirements are (1) systems that are designated “replacement parts,” (2) systems considered

“modified parts” for which an Executive Order has been issued, and (3) systems only for use on

“racing vehicles” that have been adequately identified as such.

 

What exhaust systems and slip-on mufflers are considered “replacement parts”?

 

Under California Air Resources Board (CARB) regulations, “Replacement parts” are parts that have the same effect on emissions as the original equipment part that they are intended to replace. In the case of exhaust systems for motorcycles and ATVs, CARB considers aftermarket exhaust systems to be replacement parts if either of the following conditions is met:

 

  1. The vehicle was not originally equipped with a catalyst and all emission controls originally connected to the exhaust system are reconnected to the aftermarket exhaust system and are functioning properly. (It is rare for other emission controls to be connected to a non-catalyst motorcycle or ATV exhaust system, but examples include an exhaust gas oxygen sensor or an air injection system.)
  2. The vehicle was originally equipped with one or more catalysts, but the catalyst(s) are retained and all emission controls originally connected to the exhaust system (e.g., an oxygen sensor) are reconnected to the aftermarket exhaust system and are functioning properly.

 

As long as they meet the above definition of “replacement parts,” “slip-on” mufflers are legal for use in California unless the muffler being replaced contained a catalyst.

 

How can I tell if a “modified” exhaust system has been approved?

 

“Modified” parts are components that are designed to perform differently from original equipment components with respect to emissions control. Under CARB regulations, any exhaust system component that replaces an original equipment catalyst or eliminates a provision for an exhaust gas oxygen sensor or some other emissions control device connected to the exhaust system is a “modified” part.

 

Aftermarket part manufacturers are required to provide a label to identify modified parts that have been approved for sale. The label will indicate the manufacturer’s name, device name and a valid Executive Order (E.O.) number assigned by CARB. The format of the E.O. number is D-xxx-xxx, where “xxx” is a series of designated numbers. The label is either affixed directly to the part itself or included with the part with instructions to install it in a visible location.

 

When can I sell a “modified” exhaust system without a CARB label?

 

Parts for “Racing Vehicles” may be sold under certain circumstances without CARB approval.

Under Health and Safety Code Section 39048, the term “Racing vehicle” is defined to mean “a

competition vehicle not used on public highways.” Under California Health and Safety Code

Section 43001, air pollution control requirements do not apply to “racing vehicles.” Exhaust

systems for competition vehicles not used on public highways are also exempt. CARB allows the

marketing and sale of modified parts “for competition use only” provided an adequate disclaimer is used in any advertising and packaging.

 

It should be noted that the racing vehicle exemption for a modified part does not apply just

because an exhaust system is designed to be used “off-road.” The anti-tampering provisions of

California law also apply to motorcycles and ATVs designed exclusively for off-road use. Under

the definition of “racing vehicle,” not being used on public highways isn’t sufficient; it also has to be used on “a competition vehicle.” The language describing a modified part intended for use on racing vehicles may read: “This product is legal for closed-course competition use only.”

 

It should be noted that the use of a disclaimer is not sufficient if a modified part is knowingly being sold for use for any non-competition use, such as use on public highways. CARB can be expected to claim that a violation has occurred if a dealer installs a part intended for competition use only on a motorcycle that is ridden away from the dealership. It is also good practice to require the purchasers of any parts intended for competition use only to sign a statement to the effect that “I understand that this part is legal for closed-course competition use only.”

 

Can I sell an aftermarket exhaust system if I don’t know on what model it will be installed?

 

Some aftermarket exhaust systems are legal for use on some models, but not on others. This

situation exists when the same system fits two different models, one originally equipped with a

catalyst and one not originally equipped with a catalyst. In this case, the system may be

considered a “replacement part” when sold for use on a motorcycle not originally equipped with a catalyst and a CARB label is not required. It is therefore legal to sell the system as long as the

system is advertised as legal for use in California only on certain, specifically identified models.

Ideally, the identification of the models that can legally use the system in California should also be on the packaging and installation instructions.

 

Can I install an unapproved aftermarket exhaust system that was purchased by the owner from out of state?

 

Installation of unapproved aftermarket exhaust systems is legal only if the systems are

“replacement parts” or being installed on a motorcycle or ATV for competition use only.

 

What aftermarket exhaust system sales records are California dealers required to maintain?

 

California dealers are required to keep records for the retail sale of exhaust systems that have not

been approved by CARB and any catalyst-equipped systems that have been approved by CARB.

No recordkeeping requirements for dealers apply to “replacement parts” (e.g., slip-on systems).

Records are required for parts sold for competition use only and any sale of modified parts that did not have a CARB label. The records must include date of sale, purchaser name and address, and vehicle model and work performed, if applicable. Such records must be open for reasonable

inspection by CARB and maintained for four years from the date of sale or installation.

 

What are the fines for selling unapproved aftermarket exhaust systems that were not for competition use only?

 

The penalties levied for the sale of unapproved exhaust systems under the California Vehicle Code and the Health and Safety Code can be at least $750 per sale. CARB will often claim an additional $2,500 per sale under the Business and Professions Code for an “unlawful, unfair, or fraudulent business practice.”

 

What noise regulations apply to aftermarket exhaust systems sold in California?

 

The State of California does not require aftermarket exhaust systems for motorcycles or ATVs to

meet any specific sound test prior to sale. There are federal regulations applicable to aftermarket

exhaust systems for motorcycles that require the manufacturer to test for compliance and affix a

label to the exhaust system specifying whether it meets the EPA noise standards or not. (Systems

for competition use are exempt from the standards, but they must still be labeled.)

 

In spite of the federal requirements, EPA’s Office of Noise Abatement and Control was closed over 30 years ago and EPA claims that primary responsibility of addressing noise issues was

transferred to State and local governments. Since the test procedure incorporated in the EPA

regulations is not feasible for use by state and local governments, in-use enforcement by state and local agencies usually involves testing a stationary vehicle with a variation of the SAE J1287 test procedure for off-highway vehicles. Beginning in 2013, highway motorcycles are subject to citation under a new state law if they are not equipped with an exhaust system that contains the label required by the EPA noise regulations (SB 435). However, this requirement only applies to

motorcycles and exhaust systems that are manufactured and sold as of January 1, 2013 and will

result in a “fix-it” ticket for riders (no fine for first violation), not a CARB emissions violation for dealers or manufacturers.