He would be DOUBLE DENIED by Harley.

1) For using a non-epa approved tuner
2) For having non-epa approved exhaust on the bike

Both are clearly referenced in the owner’s manual as cause for warranty claim denial. The factory warranty is absolutely gone if those 2 alterations are known modifications at the time of the claim to HD.

 

 

I understand hoping -- I'm just unfortunately saying that there is no hope. Unless the dealership wants to deliberately lie to the feds, that is. The consent decree declares that Harley must deny the powertrain warranty on any bike that's been tuned by a non-compliant aftermarket tuner, and that they must instruct their dealers to deny any such warranty claim if they have any knowledge of it. Seeing as the dealer sold the tuner, and presumably is the one who used the tuner, then there is no out. Unless, as said, the dealership wants to commit fraud against their franchisor and against the federal government. Which, they might, but I wouldn't bet on it.

That's the ironclad rule in the consent decree -- aftermarket tuners are strictly and absolutely verboten. You might be able to get away with aftermarket slip-ons, aftermarket pipes, aftermarket headers, aftermarket cam even... there's nothing in the federal decree that obligates harley to void the warranty for that, so theoretically they could have some mercy. But with the tuner there is no leeway, it's black and white and mandatory -- warranty gone.

 

Well, that's a good point. If Rich ends up getting screwed, it's the dealership that screwed him, so yes, he should use that as leverage to get them to make it right.

 

Seriously, best of luck with this. I hope your aftermarket warranty comes through for you, and if not, I really hope your dealership warranties the claim itself. Let us know how it turns out.

 

Just to clarify... the Consent Decree is between the Federal Government and Harley Davidson Corporation, not the dealerships. In fact the dealerships are expressly NOT a party to the EPA agreement with HD. That being said, if the dealership is expecting reimbursement from HD for a factory warranty claim, then the dealership must be in compliance with their franchise agreement as an authorized service facility.

I have not read a HD franchisee agreement so I don’t know what their obligations are regarding notification of bike’s that are “non-compliant”. The Consent Decree states that “if HD has information that a 2017 or newer bike has been tuned with a non-epa approved tuner” then HD must deny the claim. Obviously that leaves some gaps in what “information” HD is aware of in determining whether a warranty claim is to be approved.

 

Just to clarify... the Consent Decree is between the Federal Government and Harley Davidson Corporation, not the dealerships. In fact the dealerships are expressly NOT a party to the EPA agreement with HD. That being said, if the dealership is expecting reimbursement from HD for a factory warranty claim, then the dealership must be in compliance with their franchise agreement as an authorized service facility.

I have not read a HD franchisee agreement so I don’t know what their obligations are regarding notification of bike’s that are “non-compliant”. The Consent Decree states that “if HD has information that a 2017 or newer bike has been tuned with a non-epa approved tuner” then HD must deny the claim. Obviously that leaves some gaps in what “information” HD is aware of in determining whether a warranty claim is to be approved.

 

Yes, but...

Section 14(b) says:
So the EPA cannot compel the dealer, but the EPA has compelled Harley to compel their dealers. If Harley were to turn a blind eye, they'd be in huge trouble. The dealerships were to have been instructed that they must share knowledge that non-compliant tuners were used.

Here we have a dealer who sold a non-compliant tuner, and who installed the noncompliant tuner, and who used the non-compliant tuner to tune a bike with non-compliant pipes (that they also sold and installed), and then the engine blew up during sumping... I cannot imagine how they could in any manner plead ignorance to Harley.

So -- either the customer is screwed, or the dealer is a dishonorable scumbag who lies and defrauds his corporate partner, at risk of putting the corporate partner in a world of hurt with the feds. The only way out of this is for the dealer to reach into his own wallet and pay the customer's repair bills.

The EPA may not be able to make the dealers party to the consent decree, but they have ensured in all reasonable ways that the dealers will cooperate. Because the MoCo is screwed hard if a dealer cheats 'em, and you can bet that the retaliation against the cheating dealer will be substantial.

 

Please make it stop.

 

Yep, pretty much sums it up. Hopefully the bike owner finds a reasonable remedy with the dealer. Sounds like there will be a sizeable amount of money involved when all the damage is calculated.