California Smog Agency Fines Retailer $1.93 Million Over “Uncertified” Parts

California Smog Agency Fines Retailer $1.93 Million Over “Uncertified” Parts

© 2020, Roadracing World Publishing, Inc. From a press release issued By California Air Resources Board:

Comoto Holdings to pay $1.93 million for selling uncertified motorcycle parts in California

Settlement includes $968,750 for air filtration systems in Coachella Valley and Placer County schools

SACRAMENTO – The California Air Resources Board today announced that Comoto Holdings, Inc. has agreed to pay $1,937,500 to resolve alleged violations related to the sale of non-exempted add-on or modified motorcycle parts in California.

Comoto Holdings is the parent company of Revzilla Motorsports, LLC and Cycle Gear, Inc., which cater to motorcycle enthusiasts. Comoto and Revzilla Motorsports, LLC are headquartered in Philadelphia, Pennsylvania. Cycle Gear is based in Benicia, California.

“We take the sale of uncertified parts seriously as it can lead to significantly higher emissions that impact the health of California residents,” said CARB Executive Officer Richard Corey. “It is also unfair to the vast majority of manufacturers who comply with clean air requirements.”

Retailers and distributors must ensure the parts they sell have been evaluated by CARB prior to sale and proven not to reduce the effectiveness of the emission control system. Such parts replace or modify vital original equipment emissions components and manufacturer-designed engine-operating conditions. Modifications to the engine and emissions control systems of motorcycles can lead to significantly higher smog-forming emissions and adversely affect public health.

CARB found that Comoto’s subsidiaries advertised, sold, and offered for sale, add-on or modified motorcycle parts without legal exemptions to California’s anti-tampering laws. CARB also rejected the assertion—often made by parts manufacturers and retailers—that all the subject parts were sold for “race use” and therefore exempt from anti-tampering laws.

The company has agreed to comply with all applicable regulations and will pay a total settlement of $1,937,500. Half of the funds will benefit two Supplemental Environmental Projects: $615,598 will be paid to the Coachella Valley Mitigation Project Extension 2018 – 2023; and $353,151 to the Placer County Community Based Supplemental Environmental Project – Phase 2. Both projects will use these funds to install and maintain high-performance air filtration systems in schools located in communities impacted by air pollution. The remaining $968,750 will be deposited into the California Air Pollution Control Fund.

Modified motorcycles that no longer meet California’s emission requirements pose a significant health threat to California residents. They create higher amounts of smog-forming pollutants, which can then exacerbate respiratory ailments and negatively affect other health conditions.

CARB’s mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The CARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.

 

Editorial Note: Read the 10-page settlement agreement between CARB and Comoto Holdings HERE.

 

 

More, from a statement issued to Roadracingworld.com by American Motorcyclist Association (AMA):

According to the press release issued by the California Air Resources Board, COMOTO sold “non-exempted add-on or modified motorcycle parts” in California in violation of CARB rules and was fined.

That decision was made between a regulator, CARB, and a distributor, COMOTO, so the RPM Act—which is a specific solution to the EPA reinterpreting the Clean Air Act in a proposed rulemaking in July 2015—would not impact this decision. COMOTO violated California law, not federal law that the RPM Act would modify.

“RPM Act Reintroduced In House,” published in the February 2020, issue of American Motorcyclist, contained the following text:

“The bi-partisan RPM Act would ensure that converting ‘motor vehicles’ into competition-only vehicles remains legal. Street motorcycles are considered motor vehicles under the federal Clean Air Act.

“The RPM Act states that it was the clear intent of Congress when passing and amending the Clean Air Act that motor vehicles, including motorcycles, used solely for competition would be exempt from the Clean Air Act’s prohibitions against modifying emissions control devices.”

The settlement will require COMOTO to prominently label offending equipment. For example: “For closed-course competition only. Not intended for street use.” Or, “Legal in California only for racing vehicles, which may never be used, or registered or licensed for use, upon a highway.”

That is a clear path to modify emissions on a street bike and remain in compliance with the Clean Air Act if said machine will be used for closed-course competition only.

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