Who told you that?

 

The dealer is correct. The court order overrides the MM act.

 

No it doesn't.

 

It is and has been illegal for 30 years to change, remove or delete ANY emissions related equipment on a motor vehicle period. Doesn't matter if dealers did it in the past or if Harley or any other bike or car manufacturer honored the warranty in the past....Changing these parts on a street driven vehicle has always been against the law.

I love how we have this argument every year....

 

My dealer sells the FP3 tuner so I am going to enjoy it and ride on!!!

 

Just because a dealer sells and/or installs an aftermarket item doesn't mean the moco will or has to honor the warranty on the bike it's installed on.

 

More like every month. I should have saved every post I wrote on it, so all I'd have to do is copy and paste.

 

Then how do aftermarket parts get EPA/CARB approved?

A court order doesn't override any Act, Supreme Court opinion could cause it to be amended or a new one in place. The EPA is not a law making body and neither is a court and the FTC has authority over warranty issues (Magnusson-Moss). Automotive companies have all fallen flat on denying coverage over aftermarket exhaust mods unless proving they were directly related to the aftermarket equipment or install. The EPA has lost most if not all claims against muffler shops, etc. AFAIK.

The only thing that aftermarket engine mods could possibly cause is to deny power train warranty, all else would be intact. I would say it would be pretty iffy for Harley to think that the agreement would help them against the FTC over Warranty claims.

If you could understand how things worked, you wouldn't have this argument every year. Legal, illegal, self-installed, installed by dealer or experienced shop, shouldn't matter if that didn't cause the issue. The Magnesson-Moss has been the law of the land for 40+ years.

The agreement only states non 50 state EPA/CARB tuners, it doesn't specify Harley only, nor any other parts, therefore it IS illegal for a dealer to tell you Harley only or the entire warranty is void. Being as only Harley has an EPA/CARB approved tuner AFAIK at this time, that could be mentioned, but who knows if that would be true next month.

Yes, this is a big legal mess for Harley. If dealers claim buying from them keeps the warranty intact, then they have to stand by that. I am sure something will come up at some point.

My take is, if you want to modify your ride, modify it as you wish, if you are worried about warranty coverage, don't touch it. But, don't tell me I can't install my own aftermarket parts the same or similar as Harley installs and tell me my warranty is void, that's not true at all. I am sure SEMA will soon get involved to settle this issue, they have been pretty good at making sure the aftermarket stays alive.

 

I am a reasonable person and will gladly pay for any warranty claim they can prove that was caused by my FP3.

 

well, a big issue here is:
this consent between hd and powers to be happen in 2016 and did not go into effect til 2017 and this is important, why?
well in order for all of this to transpire, there first be a law, after-all how can a law be broken when there isn't any. actually some of the 2017 models fall into a loop-hole, why?
well in order to enforce this, the warranty must be written and explicit and buyer fully aware, it is the buyer's responsibility to understand the warranty and to ask questions and the dealer to explain. so if your warranty does not contain the provision, not enforceable. if you signed the dotted line, you agreed.
you can challenge this in court but do you want to?? after all, all EPA wants is for someone to enforce their reg's.
will a judge be willing to rule otherwise?? if so, then the act will be effective as there is a contradiction of sorts, but if you are dealing with CARB, you will lose, they can impound your machine for code violations and force you to fix the issues, cali is a force to be reconed with and they have deep pockets and teeth.
harley still sells an after-market tuner. if the tuner meets EPA reg's and it is on a machine in a state that just runs fed compliance, then hd would have to prove that the tuner was at fault so take it to the courts, if you win, a precedent is set. so far i know of no takers, who wants to go first??