Court orders excess air pollution to stop from tampered motorcycles sold and serviced at Harley-Davidson dealerships
Last week a consent decree between Utah Physicians for a Healthy Environment (UPHE) and four Harley-Davidson dealerships was entered in Utah federal district court. The court order requires the dealerships to stop removing pollution-reducing catalytic converters from motorcycles and to stop selling aftermarket exhaust systems and aftermarket electronic “tuners” in violation of the federal Clean Air Act.
Citizen authority to curb excess pollution from tampered diesel trucks operating in the Wasatch Front was established in the “Diesel Brothers” litigation, and was used in the Harley-Davidson matter to reduce excess emissions from tampered motorcycles.
According to Kirtly Jones, UPHE Board Member, “We’re pleased to have reached this resolution of our case with the dealerships. They are to be commended for taking this turn in direction. It’s a win for everyone, and it’s a win for clean air.”
This is the first known Clean Air Act citizen enforcement action to stop the catalyst-defeating practices of motorcycle dealerships.
“There is a reason why cars, trucks, and motorcycles are required to have Clean Air Act -compliant catalytic converters. The use of these devices is essential to keep air pollution under control. Today’s result establishes another important precedent that will help protect the health of everyone in Utah and hopefully everyone throughout the country,” said Brian Moench, UPHE Co-Founder and President.
The dealerships are Harley-Davidson of Salt Lake City and South Valley Harley-Davidson Shop (Sandy), owned by Harley-Davidson of Salt Lake City, LLC, and Golden Spike Harley-Davidson (Riverdale) and Saddleback Harley-Davidson (Logan), owned by Northern Utah Power Sports, LLC. Both limited liability companies are controlled by Joseph L. Timmons, Jr.
Today’s announcement follows UPHE’s successful enforcement of the Clean Air Act against the coal-rolling “Diesel Brothers” and the parts distributor TAP Worldwide and its 4-Wheel Parts stores.
The consent decree prohibits the dealerships from:
(1) removing air pollution reducing, federally-required catalytic converters from motorcycles,
(2) installing aftermarket parts that cause the removal of catalytic converters,
(3) selling catalyst-defeating aftermarket parts alone or in motorcycles, and
(4) installing any electronic “tune” in any motorcycle unless it has been certified by the California Air Resources Board as not impairing any electronic emission-reducing setting in the motorcycle’s engine control module.
The decree also requires the dealerships:
· to demonstrate their compliance with the decree for the next 2.5 years in certified reports;
· to pay pre-established penalties for any violation of the decree; and
· to pay a civil penalty $450,000 to the federal government for their past alleged Clean Air Act violations.
“We encourage all of the other motorcycle dealerships and shops to take heed of today’s result. The importance of meeting Clean Air Act standards across the board cannot be underestimated. The removal of catalytic converters so essential to cleaning our air should not be tolerated. We will continue our efforts to enforce the Clean Air Act to achieve similar results,” said Jonny Vasic, UPHE Executive Director.