EPA Fining Tuning company $300K

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Source: https://www.msn.com/en-us/autos/new...ssions-defeat-devices/ar-AAAFtvl?ocid=sl

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The EPA and Department of Justice have reached a settlement with Derive Systems, maker of "Bully Dog" and "SCT" tuning software, over the manufacturing of emissions defeat devices found to be in violation of the Clean Air Act. Derive will have to pay a fine of $300,000 on top of spending $6.25 million to bring the company and its tuning products up to standards.

The EPA stated that Derive sold products for multiple years that could be used to change the engine tuning on gasoline and diesel cars and trucks. The engine tuners sold by Derive allowed owners to access and overwrite the vehicles stock software, which could be used to defeat emissions controls such as diesel particulate filters, exhaust gas recirculation, catalytic converters, and other systems.

The EPA put other tuning companies on notice in their settlement as well. Susan Bodine, assistant administrator for EPA's Office of Enforcement and Compliance Assurance said: "Manufacturers and sellers of automotive emissions control defeat devices should stand up and take notice of this settlement. EPA will protect air quality by vigorously enforcing the Clean Air Act's prohibition on these devices."

As a result of the settlement, Derive will stop introducing new noncompliant tuners and will retrofit existing tuners to comply with the Clean Air Act. All new and existing tuners offered for sale must demonstrate that the use of the tuner will not increase vehicle emissions. Derive must limit access to emission control parameters in its tuning software and create a verification program for the custom tuning software, which includes training about vehicle functions, emission controls, and the Clean Air Act requirements. Derive must stop any marketing campaigns that would provide information on defeating emission controls and work with its distributors to prevent the packaged sale of its tuners with defeat devices.

"For decades, Americans have worked hard to significantly reduce harmful emissions from cars and trucks," said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department. "Tremendous progress has been made and the air is much cleaner today across the nation. Unfortunately, not everyone is playing by the rules. Today's settlement will bring Derive Systems and its aftermarket products into compliance with the Clean Air Act, and demonstrates to other manufacturers that products designed to unlawfully thwart vehicle emissions control systems will not be tolerated."



Edit: Notified the mods of my typo in the title.
 
If it eliminates the morons that like to blast diesel particulate all over the place and those running super rich in their ricers in front of me in the highway I'm all for it.
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Technically they are all "for off-road use only" but it is done with a wink and a nudge. Doesn't help that TV shows install them and show the car driving on the street.
 
Originally Posted by bdcardinal
Technically they are all "for off-road use only" but it is done with a wink and a nudge. Doesn't help that TV shows install them and show the car driving on the street.


Good point.
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Wow... this is going to have big repercussions in the entire ECU tuner market... APR, GIAC, DINAN, etc.

It's funny how Derive is putting a positive spin on this EPA fine on their website, making themselves sound like a hero.
smile.gif


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Derive Systems Enters Agreement With EPA to Enhance Industry Practices

https://derivesystems.com/
 
Originally Posted by Quattro Pete
Wow... this is going to have big repercussions in the entire ECU tuner market... APR, GIAC, DINAN, etc.

It's funny how Derive is putting a positive spin on this EPA fine on their website, making themselves sound like a hero.
smile.gif


Quote
Derive Systems Enters Agreement With EPA to Enhance Industry Practices

https://derivesystems.com/


Yeah for sure... Direct Link to this: https://www.prnewswire.com/news-rel...nhance-industry-practices-300718323.html

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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.
 
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Originally Posted by StevieC
If it eliminates the morons that like to blast diesel particulate all over the place and those running super rich in their ricers in front of me in the highway I'm all for it.
lol.gif



Don't fine the company, fine the morons. Because even if you clean up the company, morons will always find an end route around the "fix" to still achieve their childish behaviors.
 
It is my understanding that after 2018-19 it is going to be almost impossible to hack into vehicle controllers. The industry already sees this coming and IMO it will kill off the new car hotrod industry. That may make some of you happy to hear that the "childish behaviors" have been put down. It is sad to hear this huge chunk of Americana will be ending and some have no clue what that really means in cultural and economic terms. The little guy innovating in his garage like so many in the past will be forever locked out.
 
Last edited:
Originally Posted by SubieRubyRoo
Originally Posted by StevieC
If it eliminates the morons that like to blast diesel particulate all over the place and those running super rich in their ricers in front of me in the highway I'm all for it.
lol.gif



Don't fine the company, fine the morons. Because even if you clean up the company, morons will always find an end route around the "fix" to still achieve their childish behaviors.


It makes perfect sense to fine the company. That's like saying don't go after the kingpins, go after the little guys. There will always be morons out there looking to get around it. But if they can't find someone, then those modifications never happen.
 
This is ridiculous! The minuscule amount of people tuning their vehicles and getting rid of junk EPA mandated emissions devices is so small that it won't have any darn effect on clean air! Give me a break! The EPA just needs to go away and be dismantled piece by piece.

Us tuners and custom programmers will get hit hard by this, but I bet you someone finds a loophole or a way around it, they always do. Just now it will cost folks like me a lot more to do it...
 
Originally Posted by Kawiguy454
It is my understanding that after 2018-19 it is going to be almost impossible to hack into vehicle controllers. The industry already sees this coming and IMO it will kill off the new car hotrod industry. That may make some of you happy to hear that the "childish behaviors" have been put down. It is sad to hear this huge chunk of Americana will be ending and some have no clue what that really means in cultural and economic terms. The little guy innovating in his garage like so many in the past will be forever locked out.
They say that every time there is a leap forward in automotive electronics. The little guy is wrenching on an old car, anyway.
 
Um, no. I love my ECU (canned) tuned car and my car is a '12 model. I can change no settings but the settings over stock that work with my intake and exhaust mods (and yes, I'm running a High Flow Cat like a good boy) make lots of nice power and keep my mileage numbers up as well.
 
Originally Posted by Quattro Pete
Wow... this is going to have big repercussions in the entire ECU tuner market... APR, GIAC, DINAN, etc.

It's funny how Derive is putting a positive spin on this EPA fine on their website, making themselves sound like a hero.
smile.gif


Quote
Derive Systems Enters Agreement With EPA to Enhance Industry Practices

https://derivesystems.com/


When life hands you lemons, make lemonade!
 
Originally Posted by A_Harman
Originally Posted by Quattro Pete
Wow... this is going to have big repercussions in the entire ECU tuner market... APR, GIAC, DINAN, etc.

It's funny how Derive is putting a positive spin on this EPA fine on their website, making themselves sound like a hero.
smile.gif


Quote
Derive Systems Enters Agreement With EPA to Enhance Industry Practices

https://derivesystems.com/


When life hands you lemons, make lemonade!



"We are pleased to partner with EPA on an industry-leading agreement for compliance in the automotive aftermarket."
crackmeup2.gif
 
Deleting emissions controls will still happen. This just drives the business underground for a while. Work-arounds will be found.
 
It's all in this one sentence:

"The agreement additionally resolves EPA allegations ......... "

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What this really means:
"We avoided even bigger fines and penalties by getting on our knees for them"
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Originally Posted by wemay
"We are pleased to partner with EPA on an industry-leading agreement for compliance in the automotive aftermarket."
crackmeup2.gif



Yeah so much so they donated $300K to the cause.
lol.gif
 
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