Harley Agrees to Stop Selling Emission-Defeat Devices

[DReg350]

Let's not turn this into a Harley bashing thread, please. I just thought it was interesting in light of VW and more. Seems many companies are getting a lot of scrutiny these days. My riding buddy had an HD before I was able to move him to an R1150GS, so we could ride-off road in the Sierras together. He spent many dollars upgrading to Screamin' Eagle heads, cams, etc. Well over $12,000. I wonder what happens if a customer refuses to surrender these components?

Harley Agrees to Stop Selling Emission-Defeat Devices

Harley-Davidson Inc. has agreed to stop selling, buy back and destroy aftermarket engine tuners that the U.S. called emissions-control defeat devices.

The Milwaukee-based company also agreed to pay a $12 million civil penalty as part of a settlement with the U.S. after being accused of violating air-pollution laws by selling the “Screamin’ Eagle” engine tuners. Harley sold more than 339,000 of them from 2008 to 2015, according to a complaint filed Thursday in federal court in Washington.

Harley is also required to sell only devices that comply with Clean Air Act emission standards. It will contribute another $3 million to mitigate air pollution under its deal with the Justice Department and Environmental Protection Agency.

 

[PorradaVFR]

Wow...$15 million in fines sounds like a lot until you consider how much revenue those 339k (!) units of Screamin’ Eagle accessories might represent. That is going to sting.

 

[byke]

This is kind of bs, imo. They're sold as race gear, not for street use. Liability is on the individual.

 

[Marcoose]

While a gram of pollution is pollution, it's going after the finger bleeding from paper cut while the jugular is gashing litres of blood. Pardon the gruesome analogy.

HD and most motorbikes in America are recreational vehicles, used maybe once every weekend. The big polluter are airplanes, lorries, coal power plants, insane amounts of commuting, etc.

 

[mototireguy]

Harley disputed the government’s claim that by selling its tuner through its dealer network, it enabled dealers and customers to tamper with motorcycles used on public roads. The company said the tuner was designed and sold for off-road and closed-course competition.

*****

Harley contends that all 339,000 units sold are being used for off road competition purposes only?

 

[byke]

It's actually, "Harley owners contend that all 339,000 units sold are being used for off road competition purposes only?".

 

[wingnutthehutt]

It says they will buy the tuners back from customers, not the the customers will be required to surrender them. Nothing will happen if someone decides to keep their tuner. Unless they, somehow, have to submit to an emissions test.

 

[DReg350]

It says they will buy the tuners back from customers, not the the customers will be required to surrender them. Nothing will happen if someone decides to keep their tuner. Unless they, somehow, have to submit to an emissions test.

Interesting point. If a customer paid for all the offending components and the labor and wanted the buy back... would HD be on the hook to provide the labor to remove the offending components, return the stock components, and then provide the refund? Would the customer be on the hook to remove the offending components and for the labor to return to stock? :dunno

I hardly expect more than a hand full of customers would ever consider returning their bikes to stock.

 

[ob1ventura]

Have a tuner and maybe having them HD buying it back is not such a bad deal for the consumer. There are better after market tuners available that are easier to use anyway. The problem might be getting one shipped to Ca. The V&H plug in can be shipped to anywhere but Ca. Guess it's time to suck up to friends in Nevada.

 

[berth]

It's actually, "Harley owners contend that all 339,000 units sold are being used for off road competition purposes only?".

it would be interesting to see the advertising (as I don't really frequent that domain), and the dealer network.

But it is amazing, considering the state of motorcycle sports in the country in general, the fact that the most dominant type of motorcycle sport in the country is MX-related, and Harley does not participate in that area of racing, that there are 339,000 potential race bikes out there just…I dunno, wasting away in a garage under a tarp.

I wonder if the pro-stock motorcycle drag racers actually use SE parts.

 

[wingnutthehutt]

Interesting point. If a customer paid for all the offending components and the labor and wanted the buy back... would HD be on the hook to provide the labor to remove the offending components, return the stock components, and then provide the refund? Would the customer be on the hook to remove the offending components and for the labor to return to stock? :dunno

I hardly expect more than a hand full of customers would ever consider returning their bikes to stock.

Doubtful. Every time someone buys that stuff they're told it's not for street use anyway. Well, I would assume they're told that. Plus, it probably says that in all the documentation.

 

[Aware]

It's actually, "Harley owners contend that all 339,000 units sold are being used for off road competition purposes only?".

Yes of course they are.

 

[byke]

Of course they're not, I just don't like the precedent it sets. If you told your employer that you planned to break the speed limit on your way home from work, are they then responsible? I pretty much don't like anything that transfers personal responsibility.

 

[DReg350]

This is all hypothetical at this point because my buddy has since sold his HD. He bought it brand new from SJ HD. Brought it back in shortly after the purchase, now plated, and asked them to install Screamin' Eagle heads, cams, etc. They knew it was a street bike, yet installed all of it. Despite any waivers he may have signed... they knew of its intended use.

Again, this is academic. IF my buddy still had the bike, he'd NEVER agree to return it to stock. Never.

 

[RightCoastBias]

Harley disputed the government’s claim that by selling its tuner through its dealer network, it enabled dealers and customers to tamper with motorcycles used on public roads. The company said the tuner was designed and sold for off-road and closed-course competition.

*****

Harley contends that all 339,000 units sold are being used for off road competition purposes only?

They sold it as such, how people use it is up to them. Most motorbike companies sell vehicles that are capable of exceeding every speed limit in the US. Time for some speed limiters.

 

[HappyHighwayman]

I'm glad so many Harley riders respect their neighbors and fellow ear-owners.

 

[redtail]

It's unfortunate for those of us that have been around long enough to remember that motorcycle modification was pretty much unrestricted. The loss of two strokes was one of the first that bummed me out.

Two things that work against us are noise and the extra pollution (sic). I understand keeping the decibel level down, but that's not mutually exclusive when it comes to performance. And I remember a friend that worked at a shop and tested his high performance car on a smog machine and anything above an idle was better than any stock car they tested. Not sure if modified motorcycles are the same, I'm just not convinced all smog equipment is good and all performance mods are bad.

 

[orbframe]

I'm glad so many Harley riders respect their neighbors and fellow ear-owners.

this is applicable across all lines of motorcycles...

 

[Maddevill]

It's unfortunate for those of us that have been around long enough to remember that motorcycle modification was pretty much unrestricted. The loss of two strokes was one of the first that bummed me out.

Two things that work against us are noise and the extra pollution (sic). I understand keeping the decibel level down, but that's not mutually exclusive when it comes to performance. And I remember a friend that worked at a shop and tested his high performance car on a smog machine and anything above an idle was better than any stock car they tested. Not sure if modified motorcycles are the same, I'm just not convinced all smog equipment is good and all performance mods are bad.

The thing is there was a study and even counting in the dirt bikes, more pollution was generated by leaf blowers and lawn mowers.wtf

 

[clutchslip]

..... And I remember a friend that worked at a shop and tested his high performance car on a smog machine and anything above an idle was better than any stock car they tested......

Oh don't get me going on this one. I have a vette that I can't register without putting all the TERRIBLE stock smog crap back on, even though it is 2.5 times CLEANER than it was when it was stock. :rant

This screaming eagle thing is just a couple of bureaucrats trying to get ahead by stretching their legal options. The law does not require a manufacturer to verify that a product will be used off road, but obviously 300K units is more than a reasonable number of racing bikes and thus a judge or jury might just uphold the plaintiffs claim of malfeasants.

I love that the stock drops 8% on the news of a $15m settlement with the government. My conservative napkin calculations suggest that HD will net over $50m on these little buggers, AFTER paying off the government. :ride