The suit also accused the company of selling 340,000 after-market engine tuners that, once installed, “caused motorcycles to emit higher amounts of certain air pollutants than what the company certified to EPA,” the statement said. Harley-Davidson agreed to settle this US Government Lawsuit for a total of 15 million fines.
“This settlement is not an admission of liability but instead represents a good faith compromise with the EPA on areas of law we interpret differently, particularly EPA’s assertion that it is illegal for anyone to modify a certified vehicle even if it will be used solely for off-road/closed-course competition,” said Ed Moreland, Harley-Davidson’s government affairs director, in a statement.
Under the settlement, Harley-Davidson will stop selling the illegal aftermarket defeat devices in the United States by August 23. Harley-Davidson will also offer to buy back all such tuners in stock at Harley-Davidson dealerships across the country and destroy them. The settlement requires the company to obtain a certification from the California Air Resources Board (CARB) for any tuners it sells in the United States in the future. EPA discovered the violations through a routine inspection and information Harley-Davidson submitted after subsequent agency information requests.