From the SEMA Washington, D.C., office
A recent shift in federal enforcement policy is bringing clarity to the automotive aftermarket and enthusiast communities.
SEMA is applauding the Jan. 21 announcement by the U.S. Department of Justice that it will exercise its enforcement discretion for Clean Air Act violations related to tampering with onboard diagnostic (OBD) devices on vehicles and no longer pursue criminal charges in such cases.
This announcement only reflects the enforcement discretion of the current administration. The statutes of limitation for such violations go beyond the term of any single president or administration, and future administrations may view such enforcement differently.
"This is a welcome end to overly harsh penalties for violations that are otherwise addressed through civil enforcement," said SEMA President and CEO Mike Spagnola. "SEMA believes in following the law, and federal law is clear with regard to tampering of emissions systems or profiting from the sales of products that enable such behavior. SEMA remains committed to working with federal regulators at the U.S. Environmental Protection Agency to ensure our industry has a voice in the development of policies impacting compliance with federal and state laws with regard to emissions and safety, and creating a path for our industry to continue its innovation."
BACKGROUND
OBD tampering involves altering a vehicle's electronic systems or software, primarily to defeat emissions controls or commit mileage fraud, both of which are illegal under federal and state laws in the U.S.
Violators are subject to significant civil penalties (up to $37,500 for each part or component) and, until this announcement, even criminal prosecution, with the potential for prison terms.
SEMA has invested heavily through its SEMA Garage program to provide its members with pathways to navigate federal and state emissions.
The SEMA Certified Emissions (SC-E) program is a documented pathway for demonstrating that an aftermarket part doesn't increase the emissions of a vehicle on which it's installed. The program was designed around the guidance of the EPA's Tampering Policy as a means to offer aftermarket companies:
- An accelerated path to emissions compliance, allowing products to be legally sold in 49 states prior to receiving a California Air Resources Board (CARB) EO.
- Create an industry-wide standard for "reasonable basis."
- Create a centralized database for compliant products.
- Provide legitimacy to the claim "EPA compliant."
- Establish a path to compliance for certain products that are unable to receive a CARB EO.
ABOUT SEMA
SEMA (the Specialty Equipment Market Association) serves as a leading voice for the worldwide car culture, representing over 7,000 member companies that create, buy, sell, and use specialty-automotive parts that make vehicles more unique, attractive, convenient, safer, fun, and even like new again. Business member benefits include product development resources, market research, networking, education, legislative advocacy and more. The Association organizes the annual SEMA Show in Las Vegas, Nevada, and actively supports the career and business opportunities that the aftermarket generates. The industry contributes nearly $337 billion in economic impact to the U.S. economy, supports 1.3 million jobs nationally, and generates $52.3 billion in parts sales annually. For more information, visit sema.org.
