What happens now Tuning company being penalized almost 7m

[V10Sidepipes]

https://apnews.com/4f31dc222dca4d6c8d75f0a6557d2945

What are everyone’s thoughts on how this changes the game for tuning equipment, tuners and the end user?

[swexlin]

SCT and Bully Dog are big in the diesel truck world.

[06SRTCoupe]

I would love to hear more about this. On SCT, it clearly states that the programmer is meant for off-road use only. Other programmers like Diablo and Hypertech, have been around for decades and they never had an issue...and they do the exact same thing.

If I had to venture a guess from left field, I would think the reasoning would be either the warnings weren't clear enough or improper language was used...or they were assisting in the violations somehow.

[Bryan Savage]

I would love to hear more about this. On SCT, it clearly states that the programmer is meant for off-road use only. Other programmers like Diablo and Hypertech, have been around for decades and they never had an issue...and they do the exact same thing.

If I had to venture a guess from left field, I would think the reasoning would be either the warnings weren't clear enough or improper language was used...or they were assisting in the violations somehow.

^^^This.

Arrow's instructions for the Stage I controller specifically say to bring a trailer to get the car home from the installer, as it's not to be driven on the road. My guess is there's not sufficient disclaimers on the Derive Systems products to say you can violate your area's emissions program.

https://www.sctflash.com/Products/software/SCTADV3/advantage-iii

Still though, it's an aftermarket tuner; not an OEM. Holding them liable for what a customer does with their product after it's out of their hands is a bit like trying to blame homicides on gun manufacturers.

Maybe some Lawyerbot was combing through online data and didn't find enough legal asterisks, so decided to file suit and make a buck.

[RedTanRT/10]

In today's Automotive News went on to say that these are "emissions control defeat devices." That's much different that the Arrow ECU which won't read emission test ready in the OBD port. The article seemed to say this was similar to the Bosch devise used by VW to trick emissions testing.

[Gen3CoupeTX]

One can never have too many disclaimers ... My coffee might be hot, good to know! Performance shops will need to load up with even more 'thou shalt not' language.

[Bryan Savage]

https://www.prnewswire.com/news-releases/derive-systems-enters-agreement-with-epa-to-enhance-industry-practices-300718323.html

Reprinted article in italics, in case the link is ever broken:

SANFORD, Fla., Sept. 25, 2018 /PRNewswire/ -- Derive Systems, a leading automotive aftermarket provider, is pleased to announce that it has entered an agreement with the U.S. Environmental Protection Agency that will establish and promote enhanced practices within the automotive aftermarket industry.

With the goal of delivering its innovative vehicle technology in a way that creates certainty for its customers, Derive Systems entered into the agreement with EPA. This landmark agreement provides a clear path for Derive's existing tuning products and new products to thrive in the market with EPA's approval, including its market-leading catalog of existing tuners. The agreement additionally resolves EPA allegations primarily stemming from several of its products that were developed by legacy companies prior to Derive's acquisition of them.

"We are committed to continued cooperation and a partnership with the EPA in the effort to serve our industry and guarantee that standards and practices remain current as automotive aftermarket technology advances," said David Thawley, CEO of Derive Systems. "We look forward to applying the enhanced practices and procedures within our operations and across our brand portfolio and to our continuing leadership position in encouraging the industry to similarly embrace strong environmental performance."

The agreement between Derive Systems and the EPA is the first of its kind. The newly established practices will include new product development procedures, revamped product testing and an inaugural training and certification program for all employees and product resellers.

The enhanced procedures set an industry-leading model for automotive aftermarket companies to ensure continued sales of products and the introduction of new products with certainty and continuity in partnership with EPA.

"As a leader in this market, we take seriously our responsibility to help establish the processes that will ensure that our collective industry is a good corporate citizen," said Thawley. "Our goal with EPA was to find a mutually beneficial solution while continuing to be able to deliver valued products to our loyal customers. Today, I firmly believe we've achieved both and, in doing so, are fulfilling our mission to bring technology innovation to every vehicle on the road."

Derive Systems is headquartered in Sanford, Florida, with offices in Broomfield, Colorado, and Pocatello, Idaho. Its SCT and Bully Dog brands provide aftermarket products for vehicle enthusiasts; its Derive products serve the fleet industry.

For more information, visit www.derivesystems.com.

About Derive Systems

Derive Systems is a leading automotive technology provider with over two million vehicles upgraded with Derive's solutions. Derive connects vehicles and their engines to the digital world, enabling individuals and fleets to take control of their vehicles and optimize the way they behave. The Derive Systems platform writes directly to the engine and other vehicle control modules, integrating third-party software, data and sensors so that each vehicle performs specifically to unique requirements, preferences and conditions.

Contact Information:
Katherine French
407-774-2447
katherine.french@derivesystems.com

SOURCE Derive Systems

Related Links
http://www.derivesystems.com

The press release doesn't really say what new procedures, testing, and training entail, but that sounds awful exhaustive for parts designed to operate outside the bounds of OEM parameters. Which is pretty much what every single aftermarket part is trying to do. Maybe the training will emphasize the installer being extra clear to the customer what this means for their emissions compliance (wink wink) and sign here stating that once you do [insert mod here], you can't drive on the street anymore.

[MrCreosote]

Why am I not surprised. I'm surprised Copyright and Digital Rights aren't been used to shut down PCM modification.

Why can't these crooked, scum bag, two-faced bastards allow a few people's pursuit of happiness.

FYI, Macrovision: When they developed their their VHS copy-guard method, they took out something like 20 patents for all possible decoding methods. That way, when the Play Right came out, they sued and it was withdrawn from the market. Then get this: BETA was not affected by the Macrovision method, so the Federal Government passed a law (U.S. Code) requiring that all BETA (don't remember if it was BETA or any other VCR type) be designed to recognize the Macrovision signal. I believe if fewer than 1000 units were produced, there was an exemption.)