To help you avoid disappointment, all discussion of Mag-Moss aside as it doesn't apply; if your bike is found to have a non-compliant tune, your powertrain warranty will be immediately void per Harley's compliance with the consent decree.

The relevant sections are on pg 9 of the consent decree:

Denial of Warranty.
a. Defendants shall deny all warranty claims for functional defects of
powertrain components for any Harley-Davidson vehicle (Model Year
2017 or later) registered in the United States, if any Defendants have any
information to show that such vehicle was tuned using a Tuning Product
that was not covered by a California ARB Executive Order or otherwise
approved by EPA.

https://www.epa.gov/sites/production...avidson-cd.pdf

 

I hear ya, I just don't think there's anyway around this issue unless:

A) You have a dealer willing to foot the bill to cover replacement/repairs.

B) You are prepared to go to court which would probably take years, cost more than several bikes, have no gurantee of winning.

If your bike is running great and you love it, I'd consider leaving the motor/tune alone. The sumping issue seem to have the characteristics of a sleeping elephant...the more poke it the higher the risk it will wake up and stop the fun.

I had a guy who designs, builds, and sells enhancement parts for a living tell me that. He HATED doing it as it means less business, but he's an honest guy who's seen a lot of bikes with the issues we're facing.

 

If you wanna spend money once you have to decide if you’re going to keep the bike for long term. For me I’m keeping it forever so I’m gonna put a fueling oil pump and cam plate in and an aftermarket Big Bore kit. The cylinders are not known to be in round, so that’s just another issue to worry about.

If you’re not keeping it long term then it’s not worth spending the money. Instead, leave it stock and let the warranty fix anything that breaks. My problem with the warranty is it replaces the broken parts with the same broken parts

 

That is it in a nutshell. Anyone familiar with performance light truck diesel work will remember the Ford 6.0 Powerstroke (International Harverster) when it debuted in 2003.

There were a plethora of aftermarket manufacturers with non-EPA/CARB approved tuning devices out there that were attributed to mechanical failures, the most prevalent being boost induced stretching of the TTY (torque-to-yield) head bolts and subsequent head gasket failure. 5r110 Transmission failures were common as well. There were thousands of warranty claims denied by Ford in those cases.

At the time, the Magnusson-Moss act was a hot topic, with many people commenting about the requirement of the manufacturer to prove the aftermarket part caused the failure.

As DaddyKnuck pointed out, this is not how the MM act was intended if a non compliant part is installed. In the case of the HDMC decree, if a non-compliant part is installed, and the manufacturer or dealer is aware or otherwise has knowledge, the warranty must be voided. Period.

Unfortunate as there are a lot of quality aftermarket manufacturers out there that make well engineered products that do not meet the requirements of "compliance" in the eyes of the Feds.

That is why I chose the SE parts for my first M8. Until it is out of warranty, it was the best bet (at least in my case) to have some semblance of performance and still maintain some peace of mind in regard to warranty.

 

Actually, they're going to deny you service and it is you who will have to take them to court and prove your claim. I hope you have deep pockets.

 

The MM act gets thrown around the m8 issues like a baseball in a game of around the horn. Sorry it does not apply here. I agree if someone has deep pockets and time they could fight it but IMHO it is a waste of time. Harley is not forcing anyone to use their maintenance products or a replacement non performance part.

 

I just looked at the CARB database and wouldn’t you know it the FP3 is listed as exempt. This is what it says about them:

IT IS ORDERED AND RESOLVED: That the installation of the Fuelpak FP3, produced and marketed by V & H Performance, Inc. (dba Vance & Hines) of 13861 Rosecrans Avenue, Santa Fe Springs, California 90670, has been found not to reduce the effectiveness of the applicable vehicle pollution control systems and, therefore, is exempt from the prohibitions of Section 27156 of the Vehicle Code for 2011 through 2015 model year Harley-Davidson motorcycles listed in Exhibit A

Since this is in the CARB database and has a executive order, my guess this would make the CARB approved and the Moco would not have a leg to stand on with respects to someone installing one on their bike.

Granted the exemption is for 2015 and before but this most likely is because the waiver was written in 2015. I wonder if this is something that has to be resubmitted yearly. Not being from Kalifornia maybe someone from the could chime in incase I am reading this wrong.

https://arb.ca.gov/msprog/aftermkt/d...eo/D-632-2.pdf

 

This is the main link to the database.

https://www.arb.ca.gov/msprog/afterm...ery-091517.php

 

Read the second half of that PDF.

"THIS EXECUTIVE ORDER DOES NOT CONSTITUTE A CERTIFICATION,
ACCREDITATION, ˇAPPROVAL, OR ANY OTHER TYPE OF ENDORSEMENT BY THE
AIR RESOURCES BOARD OF ANY CLAIMS OF THE APPLICANT CONCERNING
ANTI-POLLUTION BENEFITS OR ANY ALLEGED BENEFITS OF THE FUELPAK FP3.

No claim of any kind, such as "Approved by the Air Resources Board", may be made
with respect to the action taken herein in any advertising or other oral or written
communication. "

 

^^^^^ Yep, 2015 may as well be 1815 as it relates to the specifics of a Consent Decree signed in 2016, applicable for 2017-2021 models.