Parent Co of SCT/Bully Dog fined

[Tx Redneck]

https://fox17online.com/2018/09/24/company-penalized-for-disabling-vehicles-emissions-controls/

DETROIT (AP) — The government says a Florida company will spend more than $6 million in penalties and repair costs for selling computer software that disables automotive emissions controls.

The Justice Department and Environmental Protection Agency say that Derive Systems of Sanford, Florida, sold 363,000 products that violated the Clean Air Act.

In a civil settlement, Derive must pay a $300,000 penalty and spend $6.25 million to fix the products so they don’t violate the law. Messages were left Monday seeking comment from Derive.

Government documents say Derive sold the software under the SCT and Bully Dog brands. The government says hand-held products known as “tuners” would overwrite automaker programs. The software would stop catalytic converters, particulate filters and other emissions controls from working.

The company also must stop selling the software.

[BLAKE]

Dang. I was really happy with the SCT tuner on my supercharged 05 GT. I'm sure it was emissions complaint. At least, that's what the trustworthy eastern european guy that gave me the emissions sticker told me. Well, I think that's what he said. He didn't speak much english.

[Tx Redneck]

HA!

[cool cat]

How did software keep a catalytic converter from working?

[Ruffdaddy]

That's great news!

[Strychnine]

How did software keep a catalytic converter from working?

Author was writing about things they don't know.
The penalty was for creating software that allowed the bypass of OBD monitoring when emissions control parts were removed - e.g. DPF delete, EGR delete, etc.
Another part of the suit was the fact that the tuners could change operational parameters enough that the engine was not in the CARB/EPA approved window - i.e. changing the fuel map enough and you become non-compliant at the tailpipe.
EPA testing showed that even with an SCR still installed, their diesel tuners could increase tailpipe NOx 300%.

[blandnuts]

Standalones are next!

[Tx Redneck]

Author was writing about things they don't know.
The penalty was for creating software that allowed the bypass of OBD monitoring when emissions control parts were removed - e.g. DPF delete, EGR delete, etc.
Another part of the suit was the fact that the tuners could change operational parameters enough that the engine was not in the CARB/EPA approved window - i.e. changing the fuel map enough and you become non-compliant at the tailpipe.
EPA testing showed that even with an SCR still installed, their diesel tuners could increase tailpipe NOx 300%.

You reckon this will make em go belly up?

[Strychnine]

You reckon this will make em go belly up?

Doubt it... it's a lot of money but they'll probably be fine. When SCT and Bullydog were merged under Derive Systems they also started getting into fleet telematics and other things so the private individual sales, etc aren't their only business.

But in one summary I read they mentioned the $6.2M cost to bring everything into compliance, and then added, "Derive must also pay a penalty of $300,000 based on the company’s demonstrated limited ability to pay a larger amount" so EPA knows Derive isn't so big that they can milk the checkbook for whatever they want.

[Craizie]

They have to pay more money because they don't have enough money?

[Grimpala]

They have to pay more money because they don't have enough money?

Overdraft fees of $35 FTW

[sig239]

They have to pay more money because they don't have enough money?

Hi we are from the government we are here to help you.

[Strychnine]

They have to pay more money because they don't have enough money?

$6.25M is the cost they'll incur bringing everything into compliance. The $300k is the actual fine for violating the Clean Air Act.
Consider it a negotiated settlement. If I remember right the fine for stuff like this can be as high as $2500 per tampered engine

[BP]

They have to pay more money because they don't have enough money?

The only way the EPA can force someone to pay is through the civil court system. They like to make headlines with big numbers but in reality many violators pay pennies on the dollar.

Casper Electronics was the first case they tried in the performance industry and they recovered $8k of the $800k fine. Casper is still in business btw and I'd imagine doing better thanks to the free publicity.

Also if you watch Diesel Brothers you'll see their disclaimer. They were sued in civil court by Utah based "physicians group". I don't know if it's ever been settled but they had an actual court order to stop selling certain products. The EPA isn't even involved in their case.

[034V]

And I am a SCT dealer.. Updates are going to fucking suck ass. Noticed a couple strats already got buggy when updating the software, then loading the tune on a x4.

bullshit