Cycle News

Cycle News 2016 Issue 33 August 23

Cycle News is a weekly magazine that covers all aspects of motorcycling including Supercross, Motocross and MotoGP as well as new motorcycles

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VOL. 53 ISSUE 33 AUGUST 23, 2016 P29 HARLEY-DAVIDSON SLAPPED WITH MASSIVE FINES H arley-Davidson has been hit with $12 million in fines relating to the sale of 340,000 Screamin' Eagle "super tuner" devices that caused the motor- cycles to emit higher amounts of certain air pollutants than what the company certified to the EPA. As part of the fines package, Harley-Davidson has agreed to buy back and destroy the devic- es, meaning the overall cost will reach far higher than the initial $12 million hit, which includes an extra $3 million to mitigate air pollution through a project to re- place conventional woodstoves with cleaner-burning stoves in local communities. "This settlement immediately stops the sale of illegal after- market defeat devices used on public roads that threaten the air we breathe," said Assistant Administrator Cynthia Giles of EPA's Office of Enforcement and Compliance Assurance. "Harley-Davidson is taking important steps to buy back the super tuners from their dealers and destroy them, while funding projects to mitigate the pollution they caused." According to the EPA, Harley- Davidson also made and sold more than 12,000 motorcycles that were not covered by an EPA certification that ensures a vehicle meets federal clean air standards. The Clean Air Act requires motor vehicle manu- facturers to certify to the EPA that their vehicles will meet applicable federal emissions standards to control air pollution and every motor vehicle sold in the U.S. must be covered by an EPA-issued certificate of conformity. The Clean Air Act prohibits manufacturers from making and selling devices that bypass, defeat, or render inoperative a motor vehicle's EPA-certified emissions control system. The act also prohibits any person from removing or rendering inoperative a motor vehicle's certified emissions control system and from causing such tampering. The complaint alleges violations of both these provisions. "Given Harley-Davidson's prominence in the industry, this is a very significant step toward our goal of stopping the sale of illegal aftermarket defeat devices that cause harmful pol- lution on our roads and in our communities," said Assistant At- torney General John C. Cruden, head of the Justice Depart- ment's Environment and Natural Resources Division. "Anyone else who manufactures, sells, or installs these types of illegal products should take heed of Harley-Davidson's corrective actions and immediately stop violating the law." The Harley-Davidson case has eerie similarities to the much larger one leveled at Volkswagen, one that saw the automotive giant slammed with a staggering $15 billion last year for cheating on emissions test- ing. While not anywhere near as large as that, the Harley-David- son case will send shockwaves through the motorcycle industry and tighten an already robust stance on emissions testing. CN This is what's caused all the trouble. Har- ley's whopping fines will be a message to the industry not to mess with the EPA.

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