[HN Gopher] US sues eBay for allowing sale of emissions defeat d...
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       US sues eBay for allowing sale of emissions defeat devices
        
       Author : PaulHoule
       Score  : 166 points
       Date   : 2023-10-10 17:29 UTC (5 hours ago)
        
 (HTM) web link (www.thedrive.com)
 (TXT) w3m dump (www.thedrive.com)
        
       | jiveturkey wrote:
       | google answerbox says
       | 
       | > Section 203(a)(3)(B) of the Clean Air Act makes it a violation
       | for any person to manufacture or sell, or offer to sell, or
       | install, any part or component (i.e., "defeat device") intended
       | for use with, or as part of, any motor vehicle or motor vehicle
       | engine, where a principal effect of the part or component is to
       | ...
       | 
       | So, I guess I can see how ebay is at fault. But if that is
       | literal text then it seems that both the end users (buyer and
       | seller) are also at fault and should be parties to this lawsuit.
        
         | bagels wrote:
         | It's not illegal to buy it, just to sell or install it.
        
       | slicktux wrote:
       | A lot of these modified ECUs' are really for drag racers...though
       | there are plenty of people who buy them to modify their street
       | car...bummer
        
       | tristor wrote:
       | I am very annoyed by the decision of the EPA to start cracking
       | down, because it's made it impossible to import parts for my
       | track/race cars, even though it's completely legal to do so. Like
       | many things, the market for enthusiasts supported availability
       | and reasonable pricing for the more hardcore enthusiasts.
        
       | sandworm101 wrote:
       | My understanding is that such parts are not by themselves
       | illegal. The crime is actually using them on the road. My
       | understanding was that they were legal for track purposes.
       | 
       | I would never want to say that people should be able to defeat
       | emissions, but a part of me does not like the idea that every
       | vehicle owner is beholden to the OEM for parts in perpetuity. The
       | "right to repair" people should be all over this fight. Restrict
       | cars to only their original emissions parts and that becomes yet
       | another lever for manufacturers to pull when they want to sell
       | new cars/trucks/tractors. I say let people use the parts they
       | want to use, then properly inspect and test the resulting
       | vehicles once they are on the road.
        
         | datavirtue wrote:
         | I would fully suspect people to be fined for producing enhanced
         | emissions reduction hardware and offering it for sale. The
         | default emissions systems end up reducing the life of the
         | engine, creating another problem for the environment, and there
         | are opportunities for fixing those deficiencies.
        
         | enragedcacti wrote:
         | My understanding is that such parts are not by themselves
         | illegal.
         | 
         | The relevant text regulating the sale and manufacture merely
         | allows the EPA to exempt products "that you intend to be used
         | solely for competition, where we determine that such
         | engines/equipment are unlikely to be used contrary to your
         | intent."
         | 
         | > but a part of me does not like the idea that every vehicle
         | owner is beholden to the OEM for parts in perpetuity.
         | 
         | I don't think the regulation requires OEM parts, Dorman and
         | MagnaFlow sell bolt-on Catalytic converters without any trouble
         | from the EPA. I think there is a real problem when it comes to
         | more complex parts like ECUs but right to repair laws can help
         | solve that by requiring documentation and restricting arbitrary
         | locks of electronic components.
         | 
         | https://www.ecfr.gov/current/title-40/chapter-I/subchapter-U...
        
           | Scoundreller wrote:
           | I was thinking more about O2 sensors. At least a lot of
           | Toyotas don't like the aftermarket ones for some reason. No
           | idea if they're truly out of spec or what.
           | 
           | But there's a risk with living with a check engine light.
           | Some vehicles disable stuff like traction control in that
           | state, and you won't know when a new unique code has hit that
           | you should deal with for other reasons.
           | 
           | (The disabling of traction control is insane to me here:
           | https://mechanics.stackexchange.com/questions/25383/why-
           | does... ). A catalytic converter problem is zero reason to do
           | this.
        
             | I_Am_Nous wrote:
             | My old Suzuki SX4 (RIP) disabled cruise control when it
             | threw a code, but so far as I could tell that was the only
             | thing it did. Traction control still worked,
             | automatic/manual all wheel drive still worked...it was also
             | a secondary catalytic converter alarm, so I just kept a
             | code reader with me and reset it whenever it would come on.
             | 
             | It would always come on after I got off the interstate and
             | coasted up the on-ramp, so I am not sure if it came on
             | after getting hot enough on the interstate or if it was
             | just the coasting that caused it.
        
         | valianteffort wrote:
         | Not everyone lives in California so while OEM's might produce
         | all cars to meet California standards, it is completely legal
         | in states with more relaxed laws to make such modifications.
         | 
         | At the least I think the government could argue about selling
         | in jurisdictions where it is illegal.
        
           | dieselgate wrote:
           | To tap into this thread - this is quite real. One can just
           | remove a catalytic converter (or have it stolen) and they'd
           | then be "defeating emissions" so this lawsuit seems a bit
           | zealous to me.
           | 
           | Recently saw a post on a diesel truck forum about a CA
           | resident who had legal/registration issues because of an
           | engine swap (post emissions engine into a pre-emissions
           | vehicle) [1]
           | 
           | Am under the impression this particular vehicle would be fine
           | in WA state by comparison.
           | 
           | It's frustrating to see consumer vehicles being so strongly
           | targeted by regulatory shenanigans compared to "private jets"
           | and the like
           | 
           | [1] https://www.oilburners.net/threads/california-diesel-
           | convers...
        
             | imp0cat wrote:
             | I think the reason is (any diesel mechanics around please
             | correct me if I'm wrong) that modern engines stripped of
             | their emissions equipment will pollute a lot more than old
             | engines.
        
               | smileysteve wrote:
               | Modern (fuel injected with wideband) engines without
               | emissions devices will produce much fewer hydrocarbon
               | emissions but more Nitrous oxides
        
               | dieselgate wrote:
               | I understand the reasoning and am all for mitigating
               | pollution. It may be frustrating for consumers when these
               | systems have potential to decrease economy, performance,
               | and reliability while increasing cost and maintenance.
        
               | ospzfmbbzr wrote:
               | In the case of the DEF it absolutely reduces the lifespan
               | of the engine. A truck engine that could last 500K miles
               | lasts 200K max.
               | 
               | Factor a second or third engine (whole new truck) and the
               | energy and pollution to produce it and DEF looks not as
               | great.
               | 
               | Vehicles and engines that last 25 years are easy to build
               | yet they are rare outside of commerical and military.
               | 
               | The whole argument is disengenuous and proceeds from an
               | unstated a priori desire by government to restrict
               | movement of citizens and markets, rather than as a real
               | requirement for a real benefit.
               | 
               | It's all so tiresome...
        
         | throwaway11004 wrote:
         | [flagged]
        
           | sandworm101 wrote:
           | >> more governmental regulation, such as the right to repair
           | itself.
           | 
           | Wanting more personal freedoms is generally considered a
           | right-wing view. Creating a right to repair is about placing
           | limits on corporations, not actual people. Try telling people
           | that they can only use "original" parts in their guns and
           | suddenly the entire NRA will be on the streets demanding a
           | constitutional amendment in support of right-to-repair. This
           | isn't a left-right political thing. It is a persons v.
           | corporations issue, with government as the representative of
           | the people.
        
             | throwaway11004 wrote:
             | [flagged]
        
           | rpmisms wrote:
           | That's false. I'm extremely (machine guns are a human right,
           | the government got too big in 1777) libertarian-right, and
           | right-to-repair is a sensible regulation that empowers
           | individual agency and adds massive value to the economy.
        
           | Kerrick wrote:
           | The right to repair isn't leftist for those who don't believe
           | intellectual property is property. For those people, the laws
           | prohibiting people from cracking lockouts on hardware they
           | own and modifying the code running on their own equipment are
           | the governmental regulation they're fighting against.
        
           | Kerb_ wrote:
           | Put this on your main, homie. I dare you.
        
           | LargeWu wrote:
           | It's must be some interesting mental gymnastics to equate
           | "protecting consumer rights" to "state control".
        
             | throwaway11004 wrote:
             | Who guarantees protection of consumer rights if not the
             | state? Again, I'm not saying it's a bad thing.
             | 
             | People mentioned farmers in your sibling comments, are
             | those consumers? I thought they are not.
        
               | strbean wrote:
               | With respect to the farming equipment market, they are
               | the consumers.
        
           | strbean wrote:
           | I don't know about the political leanings of right to repair
           | supporters on average, but there are prominent supports who I
           | certainly wouldn't characterize as leftist. See Louis Rossman
           | for example.
        
             | throwaway11004 wrote:
             | [flagged]
        
               | strbean wrote:
               | That's an atrocious Wikipedia article. They don't even
               | pull a quote, they just reference a 30 minute YouTube
               | video directly?
               | 
               | From what I can tell, the only relevant bit in that video
               | is that he concedes he didn't know that tractor racing
               | (tractor pulls) was a thing.
               | 
               | And thinking any environmental regulations should exist
               | certainly doesn't place you on the left. Do you think
               | Richard Nixon was a leftist?
               | 
               | Rossman spends about the same amount of time railing
               | against regulation as he does supporting right to repair.
               | 
               | Right to repair is largely about protecting individual
               | liberties and property rights.
        
               | titaniumtown wrote:
               | I don't think that confirms any "points" you've made at
               | all.
        
           | ska wrote:
           | > The right to repair people are leftists
           | 
           | I think this is an oversimplification at best. Right-to-
           | repair has huge support amongst e.g. farmers, who are not
           | homogeneously left-leaning by any stretch.
        
             | throwaway11004 wrote:
             | [flagged]
        
               | [deleted]
        
               | eli wrote:
               | What a bizarre argument. I don't think "business
               | regulation" is the only or even the primary dimension of
               | the left vs right axis.
        
               | ska wrote:
               | That's an idiosyncratic usage of left/right leaning.
        
               | rootusrootus wrote:
               | The right is not significantly more opposed to regulation
               | of business than the left, except in some shallow
               | rhetoric. They just want the regulations to align with
               | their own world view.
        
           | petsfed wrote:
           | I think a lot of folks use "leftist" in modern usage to mean
           | "those who are further left than liberals". And that's where
           | you're getting a lot of pushback. In terms of governmental
           | regulation "you cannot use the judicial system to compel
           | people to use your preferred avenue of repair" is pretty
           | weak. I think there's a path to saying "there's no legal
           | concept of 'felony contempt of business model'" is _anti_
           | governmental regulation.
           | 
           | What I'm saying is that by casting right-to-repair as leftist
           | (or rightist) just muddies the waters of what leftism _is_
           | without providing any guiding context about _why_ people
           | might be for or against the right to repair. In any case,
           | there 's very few parts of the governmental-regulation
           | spectrum that are unambiguously left or right.
        
             | Dracophoenix wrote:
             | > there's no legal concept of 'felony contempt of business
             | model'.
             | 
             | It's a bad legal concept, but it exists: The DMCA
        
               | petsfed wrote:
               | I mean to say that the statement is anti-governmental-
               | regulation in its expression.
               | 
               | Clearly, there _is_ a legal concept of  'felony contempt
               | of business model', as I did not coin that phrase myself.
        
           | willsmith72 wrote:
           | it's pretty classic, people creating new throwaway accounts
           | to spout their garbage because they're too embarrassed to
           | chance it being linked back to them.
           | 
           | what does that say about the quality of what you have to say?
        
         | hoofhearted wrote:
         | The manufacturers got sued by the EPA for not actually
         | enforcing the "for track use" only rule.
         | 
         | A lot of the big name exhaust companies have stopped producing
         | catless products; and others require all of your information to
         | be on file if you're buying a catless race downpipe.
         | 
         | A lot of the install shops around here in Maryland that run a
         | legit receipt paper trail of work type of business won't even
         | touch catless installs anymore.
        
           | paulddraper wrote:
           | > not actually enforcing the "for track use" only rule
           | 
           | How does a _manufacturer_ enforce the use of a device in that
           | way?
        
           | PH95VuimJjqBqy wrote:
           | is catless a portmanteau of catalytic converter and less?
           | meaning, the lack of a catalytic converter?
        
             | hallway_monitor wrote:
             | Yes
        
             | hoofhearted wrote:
             | Yes. Remove the cat for either a straight pipe, or
             | resonator.
             | 
             | HKS silently discontinued their "catless" downpipes in the
             | U.S. around 2021 for mentioned reasons above.
        
         | grecy wrote:
         | > _My understanding is that such parts are not by themselves
         | illegal. The crime is actually using them on the road. My
         | understanding was that they were legal for track purposes._
         | 
         | That certainly used to be the case, but it changed recently,
         | and the EPA has been aggressively going after _anyone_ who
         | sells them for _any_ purpose.
         | 
         | If you're in the US and sell things that can modify emissions
         | stuff, they're coming for you. Period.
        
           | User23 wrote:
           | Does this include chip tunes?
        
             | grecy wrote:
             | It does, but it's worth noting that a manufacturer of such
             | devices _can_ make it meet federal emissions regulations
             | (if they want to spend the $$$$ on R &D), and they can sell
             | devices that are 100% legal in all 50 states.
             | 
             | Examples are Green Diesel Engineering (Who did a TON of
             | dyno time and used to work for a major OEM on emissions
             | stuff) and Banks (who are virtually an OEM at this point)
        
             | LazyMans wrote:
             | Yes, a popular diesel tuner was the target a take down and
             | fined big money for providing tunes that make vehicles non-
             | compliant. https://www.thedrive.com/news/another-diesel-
             | tuner-nailed-wi...
             | 
             | Omitting wear and reliability concerns, some tunes gain
             | their effect by not controlling for things like NoX and
             | unburned hydrocarbons.
             | 
             | The worst offenders? "Coal rolling". It would be one thing
             | to do this to help spool a turbo or for some other
             | performance reason, but it's literally running the motor as
             | rich as possible to dump unburned fuel out the tailpipe to
             | make a visual effect. At the expense of everyone around
             | you.
        
         | fsckboy wrote:
         | > _My understanding is that such parts are not by themselves
         | illegal. The crime is actually using them on the road. My
         | understanding was that they were legal for track purposes._
         | 
         | ok, it's just a single datapoint, but motocross racetracks in
         | New England, already built in the woods away from civilization,
         | started requiring mufflers about 50 years ago, early 1970's
        
           | oceanplexian wrote:
           | We're not taking about mufflers. For example in California
           | "Emissions defeat system" means you simply used an off-brand
           | air filter that wasn't blessed by the government.
           | 
           | The parts may even be more efficient and less polluting, the
           | government bureaucracy everyone here is worshipping doesn't
           | give a rats behind.
        
             | ryandrake wrote:
             | Exactly. Years back, I moved to California with an 80's
             | sports car that was admittedly quite hotrodded, but I made
             | very sure that the hotrodding did not worsen its emissions
             | because 1. I wanted to keep driving the car in CA and 2. I
             | don't want to pollute. First SMOG test in CA, the car blew
             | clean as a whistle. It met emissions standards 40 years
             | harsher than it ever had to meet.
             | 
             | Except I had all sorts of aftermarket parts in there from
             | years of repairs, none of them with the all-important
             | California CARB seal of approval on them, so even though it
             | blew clean, it still "failed emissions" and I had to sell
             | it to someone out of state. I'm still bitter about it.
        
               | datavirtue wrote:
               | In Ohio in the early 2000s all us kids were removing cats
               | and passing the sniffer test easily. There was a visual
               | test so we would normally just hollow out the existing
               | cats. A lot of times cars with missing cats would pass
               | the visual as well.
        
             | CobaltFire wrote:
             | This is disingenuous; you have to do a lot more than change
             | an air filter. You would have to change the actual piping,
             | etc. with one that the seller declined to spend the money
             | on certifying as compliant.
             | 
             | Further, and most people don't know this is a thing, you
             | CAN tune your car as much as you want and have it certified
             | with all of those parts as a one off for about $5,000 and a
             | six-ish month wait. This is how you can legally import
             | overseas vehicles and get a California title and
             | registration, but it's $5,000 per test, and it usually
             | takes more than one if you aren't super prepared. After the
             | certification the entire engine (including all
             | modifications) are regarded as that being the SMOG
             | compliant form.
             | 
             | One other major loophole is kit cars; SB100 allows for non-
             | SMOG vehicles to be built as a kit. Not everyone's cup of
             | tea, but you can build things like the Superlite GT-R [0]
             | or SL-C [1] and never SMOG it.
             | 
             | 0: http://www.superlitecars.com/gtr/
             | 
             | 1: http://www.superlitecars.com/slc
        
               | vdqtp3 wrote:
               | > you have to do a lot more than change an air filter
               | 
               | You are barely correct. A filter alone is insufficient to
               | be an issue, but a cold air intake will mean you don't
               | pass smog in CA.
        
           | MarCylinder wrote:
           | Mufflers do not impact emissions.
           | 
           | In the case of gasoline cars, there are mechanisms for
           | controlling intake air, recirculating exhaust gas, and
           | filtering emissions directly out of the exhaust gases. All of
           | these impact carbon emissions.
           | 
           | These defeat devices allow drivers to modify some or all of
           | these attributes in favor of gaining engine performance.
        
             | datavirtue wrote:
             | Muffler delete is a known cause of misfires. It manifests
             | as a popping sound surrounded by the other shitty sounds
             | produced by such a modified exhaust. We have all heard it.
             | 
             | A misfire is raw fuel being expelled.
        
         | rumblerock wrote:
         | I for one love that BMW built the catalytic converters into the
         | exhaust manifolds on my car, meaning that the only CARB-viable
         | route outside of gambling on used units is a $10k replacement.
        
         | sidewndr46 wrote:
         | This is incorrect. Federal law prohibits the removal of
         | emissions devices on a vehicle, even if not used on public
         | roads.
        
           | TulliusCicero wrote:
           | Which makes sense. It's not like pollution stays confined
           | within the track area.
        
             | oceanplexian wrote:
             | Pollution only applies to the little people.
             | 
             | If you're a wealthy politician with a private jet you can
             | pollute as much as 10,000 modified diesel trucks and the
             | EPA might even give you an award or something.
        
               | ceejayoz wrote:
               | > pollute as much as 10,000 modified diesel trucks
               | 
               | This is insanely hyperbolic.
               | 
               | A Cessna Citation I carries 564 gallons of fuel, with
               | which it can travel ~1,500 miles - 2.7mpg.
               | 
               | A Ford F-250 carries 48 gallons of fuel, with which it
               | can travel ~700 miles - 14mpg.
               | 
               | It's not even 10x.
        
               | SAI_Peregrinus wrote:
               | A Gulfstream G700 carries 22,407kg of fuel (about 6,100
               | gallons at 800kg/m^3 ) and a max range of 14,353km
               | (8,918.5mi), for 1.45mpg. Closer to 10x, by a bit. Using
               | the 12,316km high-speed cruise range manages to bring it
               | down to 1.24mpg, just under 10x worse.
        
               | profile53 wrote:
               | Yes but an F250 does not use leaded gas like many planes
               | do, has much more complete and efficient combustion, and
               | likely produces far less particulate emissions.
        
               | ceejayoz wrote:
               | Private jets don't use leaded gas.
               | https://en.wikipedia.org/wiki/Jet_fuel
               | 
               | No amount of cherry picking is gonna get you to the
               | 10,000x number upthread.
        
               | Blackcatmaxy wrote:
               | Private planes absolutely still use leaded gas
               | https://www.nbcnews.com/business/business-news/leaded-
               | gas-wa... https://www.faa.gov/newsroom/leaded-aviation-
               | fuel-and-enviro...
        
               | ceejayoz wrote:
               | Yes, if you change entire words in my post you can make
               | it say anything you like.
        
               | Blackcatmaxy wrote:
               | Parent talked about private planes which you changed to
               | talk about specifically private jets which doesn't
               | disprove "many planes" using leaded gas.
        
               | ceejayoz wrote:
               | Direct quote from the parent: " If you're a wealthy
               | politician with a private jet"
        
               | vdqtp3 wrote:
               | It's funny watching you all use different words and think
               | they mean the same thing. Turbine powered aircraft,
               | whether jet, fan or prop (a Citation is a turbofan
               | powered aircraft) use Jet-A which is basically diesel
               | (OK, OK, it's kerosene but they aren't that different).
               | Piston planes (of which there are plenty) mostly use
               | 100LL - high octane, leaded gasoline. Now that we're done
               | with the pedantry, please continue with your argument.
        
               | sam345 wrote:
               | Just curious, where in the wikipedia article does it say
               | Private jets don't use leaded gas ?
               | 
               | Just searching the article for "lead" only gets this
               | quote: "The possibility of environmental legislation
               | banning the use of leaded avgas (fuel in spark-ignited
               | internal combustion engine, which usually contains
               | tetraethyllead (TEL), a toxic substance added to prevent
               | engine knocking), and the lack of a replacement fuel with
               | similar performance, has left aircraft designers and
               | pilot's organizations searching for alternative engines
               | for use in small aircraft."
               | 
               | Also a reference to "Planemakers challenged to find
               | unleaded fuel option - The Wichita Eagle" a 2009 article
               | which has a dead link.
               | 
               | Curious to me why you would cite an article that says the
               | opposite of your assertion and then repeat the definitive
               | statement. I must be missing something.
        
               | ska wrote:
               | Jets don't use avgas (which is still available with
               | lead), they use jet fuel.
               | 
               | The planes you are thinking of are mostly used for hobby
               | flying or some short haul commercial flights, e.g. float
               | planes. These have piston engines, more like your car
               | ICE.
        
               | ceejayoz wrote:
               | Avgas is not used in jets. It's for the little four seat
               | propeller Cessnas you see tooling around.
        
               | paulddraper wrote:
               | > No amount of cherry picking is gonna get you to the
               | 10,000x number
               | 
               | I cherry-pick "5 miles in a F-150" vs "5000 miles in a
               | Citation."
               | 
               | Cherry-pick complete.
        
               | westmeal wrote:
               | They're not in a fuckin Cessna.
        
               | vwcx wrote:
               | Of course they are.
        
               | paulddraper wrote:
               | A Cessna _Citation,_ not a Cessna 172.
        
               | JumpCrisscross wrote:
               | > _A Cessna Citation, not a Cessna 172_
               | 
               | In case people are wondering, Citations are top-of-the-
               | line business jets. I think Queen Elizabeth and Larry
               | King had them.
        
               | chrisBob wrote:
               | Maybe in terms of CO2, but turbines also don't burn as
               | completely as most piston engine cars. 10k is probably an
               | exaggeration , but the pollution is much worse than the
               | fuel economy indicates.
               | 
               | Similarly, my chain saw probably pollutes nearly as much
               | as my new Honda truck even though it only gets a few
               | gallons of gas per year.
        
               | datavirtue wrote:
               | Leer jets, they so thirsty.
        
               | paulddraper wrote:
               | _Per mile_
               | 
               | What if little person and wealthy person travel a
               | different # of miles?
        
               | babypuncher wrote:
               | But nobody drives their Ford F-250 10,000 miles a week.
               | It's not about the energy efficiency of someone's mode of
               | transport, it's about the total emissions from their
               | transit habits. You know, the actually important metric
               | when measuring an individual's impact on the climate.
        
             | queuebert wrote:
             | Dedicated race cars don't have emissions controls, though.
             | For some reason, only race cars that drive on both roads
             | and tracks are regulated.
        
               | SoftTalker wrote:
               | Dedicated race cars are too few in number to really make
               | a difference, so they don't worry about them.
        
       | Scoundreller wrote:
       | My experience is that eBay screws up their filters and wayyy
       | overfilters.
       | 
       | The Canadian government has some secret spat with Xiaomi
       | cellphones and got eBay, newegg and Amazon to stop their sale.
       | They weren't approved for sale in Canada, but I suspect some
       | other reasoning for targeting a Chinese manufacturer in
       | particular and not all the other unapproved products.
       | 
       | However, eBay just blocked anything with "xiaomi" in the title,
       | so their scooters, vacuums, android TV hubs and everything were
       | no longer available for sale.
       | 
       | I had an old Mi Box (TV hub) listed for sale that became shadow-
       | banned: after it didn't sell for a while (duh, nobody could find
       | it), I went to lower the price and it gave some vague error. I
       | called eBay and they said it was due to gov regulation but had no
       | further info, so I just took "xiaomi" out of the title and voila!
        
         | kps wrote:
         | Maybe they're under a different name, but I don't see any
         | Xiaomi phones on the REL, so I'd guess the 'secret spat' is
         | lack of RF certification.
        
           | Scoundreller wrote:
           | I'm still trying to get the gov to cough up the documents,
           | but funny how the gov didn't tell our telecoms to ban them
           | from roaming on our cellular networks. Nor identify domestic
           | users that imported them and put on a transition plan to get
           | them off our networks.
           | 
           | If they're actually so harmful to public health.
           | 
           | Though I wonder if our telecoms were behind this; they prefer
           | you to buy your device from them.
        
             | kps wrote:
             | I don't think "harmful to public health" is a
             | consideration. Pretty much every country with a functioning
             | government requires RF certification for electronics, but
             | _especially_ radio transmitters. It 's never going to be
             | worth hunting down individual buyers or hassling tourists,
             | but selling is another thing.
        
               | Scoundreller wrote:
               | Cell phones do have emitted energy regulations based on
               | estimated tissue absorption. And they vary country to
               | country (some countries even further regulate them near
               | schools & other locations).
               | 
               | If they were causing harmful interference, I'd like to
               | think they would be harder-headed about it.
        
               | arcticbull wrote:
               | All that RF radiation from any of these devices can do is
               | mildly warm you up. When you get to kW it could cook you
               | I guess.
               | 
               | It's not about health effects, there are none.
               | 
               | It's about the risk of interference.
        
               | Scoundreller wrote:
               | I agree, but governments think otherwise (and
               | inconsistently with their acceptable limits).
               | 
               | https://www.who.int/data/gho/data/indicators/indicator-
               | detai...
               | 
               | https://en.m.wikipedia.org/wiki/Specific_absorption_rate
               | 
               | Can be a handy tool to selectively remove vendors from
               | the market (which may be what occurred here).
               | 
               | If there was a problem with interference, I really wished
               | our regulator would require the telecoms to disable them
               | from the networks to force migration to non-interfering
               | devices.
        
               | arcticbull wrote:
               | I know they do have limits, but I don't believe any
               | government or private entity has linked absorption to any
               | kind of health impact at levels anywhere close to the
               | published SAR limits.
               | 
               | These are likely just out of an abundance of caution just
               | in case, not because they actually think harm will come.
               | Frankly that's just fine, I wish they'd do that more -
               | especially with new chemicals.
               | 
               | > If there was a problem with interference, I really
               | wished our regulator would require the telecoms to
               | disable them from the networks to force migration to non-
               | interfering devices.
               | 
               | Agreed.
        
               | kps wrote:
               | No one is saying they cause harmful interference. It's
               | _up to the vendor_ to get certified that they don 't. You
               | can't sell an uncertified radio transmitter. It's not a
               | conspiracy.
        
               | JumpCrisscross wrote:
               | > _Cell phones do have emitted energy regulations based
               | on estimated tissue absorption_
               | 
               | The real reason everyone does RF certification is to make
               | sure the radio isn't screaming in others' bands.
        
         | wredue wrote:
         | The Canadian government "secret spat" doesn't seem so secret.
         | Xiaomi stuff is laced with various levels of spyware.
         | 
         | There's also tech relations issues due to huawei shenanigans
         | and back doors.
        
           | Neil44 wrote:
           | *citation needed
        
             | porkbeer wrote:
             | https://www.knowyourmobile.com/phones/is-your-xiaomi-
             | phone-s... was the first ddg result.
             | 
             | Or just google it. Pretty common knowledge that the too
             | cheap to be true chinese phones, amazon fires, etc all
             | trade on your personal data to subsidize the device, either
             | overtly with amazon, or less openly in the case of xiaomi,
             | huwei, and dozens of smaller brands of phone, television,
             | and other connected devices.
        
           | Scoundreller wrote:
           | So are iPhones and US Android phones, but I guess when it's a
           | "partner" country's corporations doing the spying, that makes
           | it okay.
        
             | Eisenstein wrote:
             | > I guess when it's a "partner" country's corporations
             | doing the spying, that makes it okay.
             | 
             | According to the government? Yes, of course.
        
             | december456 wrote:
             | Well yes, partner country's corporations intelligence, your
             | intelligence.
        
         | Aurornis wrote:
         | > My experience is that eBay screws up their filters and wayyy
         | overfilters.
         | 
         | This is what happens when the penalties are high and users are
         | motivated to evade keyword filtering.
         | 
         | I doubt it's what eBay wants to do, but if the law is unclear
         | about how filtering must be done then companies will over-
         | filter to stay safe.
        
       | FireBeyond wrote:
       | What about silencers/suppressors?
       | 
       | Haven't looked for a while, but it used to be fairly common to be
       | able to find them on both Amazon and eBay, usually listed as
       | "lawnmower mufflers", with pretty un-subtle hints:
       | 
       | "This lawnmower muffler fits a 9mm exhaust and you can bang
       | around your back yard all morning without disturbing your
       | neighbor."
        
         | anigbrowl wrote:
         | Not sure why you're being downvoted, that's a legitimate
         | question. The ATF spends a lot of time going after illegal
         | silencers (usually sold as 'oil filters') but they generally
         | focus on end users who buy in quantity or the manufacturers who
         | 3d print them. Have not heard of them going after marketplaces
         | like eBay, but then again marketplaces generally bend over
         | backwards to maintain compliance with firearm regs because they
         | don't want to see a headline like 'mass shooter bought weapons
         | on ebay'.
        
         | AlgorithmicTime wrote:
         | Most of those are probably honeypots for the feds.
        
         | xeromal wrote:
         | An oil filter can act as a suppressor too so I don't think
         | there's much you can do about that.
        
           | black6 wrote:
           | More to the point, there's nothing that can be done about
           | thread adapters for oil filters. There are any number of
           | legitimate uses for a 13/16"-16 to 1/2"-28 adapter.
        
         | Alupis wrote:
         | Two points:
         | 
         | 1) In most of this country it's entirely legal to own and use a
         | suppressor - so there's plenty out there "in the wild" and few
         | if any are used for crime.
         | 
         | 2) These listings are usually predatory BATF Honeypots
         | (designed to catch only the dumbest among us) - but even if
         | they aren't, there's still little if any crime committed with
         | them. So, why even worry?
        
         | starbase wrote:
         | Isn't it strange that it's unlawful to have a muffler on your
         | gun, and unlawful to NOT have a muffler on your car?
        
           | agloe_dreams wrote:
           | I mean you also drive a car in city limits and it is illegal
           | to fire a gun in city limits in most places...
        
             | chung8123 wrote:
             | It is also illegal to shoot someone but we still have gun
             | control laws.
        
               | hkt wrote:
               | Possibly to lower the likelihood of people breaking the
               | other law..
        
               | local_crmdgeon wrote:
               | But should it be legal to shoot people who install fart
               | cannon exhausts?
        
               | queuebert wrote:
               | It's legal to shoot people under certain circumstances...
               | self defense, defense of another, performing a git merge,
               | etc.
        
           | striking wrote:
           | I think one of those things should be loud and one of those
           | things should be quiet.
        
             | [deleted]
        
             | zdragnar wrote:
             | Try living near a range. Mandatory suppressors would be a
             | blessing.
        
             | starbase wrote:
             | Suppressed firearms are still quite loud, typically
             | 120-150dB, vs 145-175dB unsuppressed. It's enough to reduce
             | hearing damage but still sounds like a gunshot.
             | 
             | The sound they make in movies couldn't be further from
             | reality.
        
           | WirelessGigabit wrote:
           | Depending on your state, you can perfectly get a suppressor /
           | silencer on your gun.
           | 
           | You need to get a threaded barrel, $250, available online.
           | 
           | Then you fill out paperwork, pay the ATF $200, wait, and then
           | you'll get permission to buy one.
        
         | wil421 wrote:
         | Is this similar to the brass knuckles, I mean "belt buckles",
         | they sell in shady gas stations? Or the tobacco shops who sell
         | pipes for anything but tobacco? As long as they don't say it's
         | for illegal use it's a gray area.
        
           | Scoundreller wrote:
           | I miss the time in Canada when you'd walk into a bong shop
           | and they'd look at you and smile when they'd say "and you put
           | your... tobacco... here"
        
           | PaulHoule wrote:
           | I remember the time I was looking shaggy and walking out the
           | door of a supermarket from the wrong direction with a large
           | open-topped bag (and no stolen goods) and the manager of the
           | store, who looked like a detective from a 1970s movie,
           | followed me out on my heels holding a big clipboard which I
           | suspect he would have whacked me with if I'd given him any
           | trouble and later would claim that he was just holding a
           | clipboard and I got hit my mistake.
        
         | akira2501 wrote:
         | Other than in Hollywood movies, is there any crime that is
         | enabled with a suppressor that isn't enabled with just the gun
         | itself? Is everyone collectively harmed by one person
         | possessing one?
        
           | floren wrote:
           | Lots of gun owners think the rules around suppressors are
           | silly, because the reduction in noise is a huge quality of
           | life improvement for everyone around you -- and a glance at
           | the police blotter in any major city should show that gun
           | crime isn't exactly hindered by the lack of suppressors!
        
             | Alupis wrote:
             | and... most importantly... a suppressed firearm _is still
             | not quiet!_ - and is not hearing-safe to fire indoors!
             | 
             | Hollywood and video games have convinced the population a
             | suppressor is impossible to hear and you can shoot people
             | in public without anyone knowing. Ridiculous, to say the
             | least.
        
               | kevin_thibedeau wrote:
               | To be fair, Hollywood expects you to be shooting subsonic
               | ammunition at close range.
        
               | Alupis wrote:
               | Even then, it's still obvious a gun was fired. The John
               | Wick scene in the subway is so laughably absurd, but so
               | many people think that's what happens when you screw on a
               | can.
        
         | edrxty wrote:
         | It was a thing for a while, less so now though. To be fair,
         | while they're illegal if fully finished (it's complicated, the
         | ATF changed the rules recently), they're not exactly a threat
         | to anyone. They just make weapons less concealable and only
         | minimally decrease the audio signature. They're not like the
         | movies. Congress and the ATF have been pushing to deregulate
         | them because the paperwork burden required to make/buy them
         | legally is gumming up the works at the ATF and they're
         | unregulated in a lot of the commonwealth/European countries.
        
           | zdragnar wrote:
           | I wouldn't want to get caught without a tax stamp... that's
           | just asking to have a Very Bad Day.
        
       | cloudyq wrote:
       | [dead]
        
       | a2tech wrote:
       | Anything to avoid regulating real change right? Why save huge
       | amounts of emissions by mandating slight changes to over the road
       | trucks and commercial users when you can instead harass regular
       | (well asshole) drivers?
        
         | Someone1234 wrote:
         | We can do two things.
         | 
         | The big problem is the lack of emissions regulation (or even
         | proposed) on the commercial vehicles. However, that isn't
         | something the legislative branch can do by themselves (either
         | EPA or DoJ), requires congressional action.
        
           | kjkjadksj wrote:
           | Its so sad realizing how we have all these fixes available to
           | the worlds problems, but the fact they depend on the
           | stakeholders in question to take a loss means they won't be
           | implemented without a protracted legal battle that might
           | never meaningfully resolve. All this technological progress
           | ossified by the profits gained from the status quo.
        
           | hvs wrote:
           | I think you mean "executive branch". The legislative branch
           | IS congress.
        
       | rasz wrote:
       | Does author of this article
       | https://www.thedrive.com/author/chris-rosales "focused on the
       | technical side" "Previous work experience: GTChannel, track day
       | photography, drifting coverage, and odd jobs. Once worked in an
       | Italian restaurant" "AA-T in Communications" really think Hondata
       | is being used to skirt emissions and is the aim of DOJ action?
       | Reuters news piece is cited verbatim except for the important
       | part:
       | 
       | >The Department of Justice said eBay illegally allowed the sale
       | of at least 343,011 aftermarket "defeat" devices that help
       | vehicles generate more power and get better fuel economy by
       | evading emissions controls.
       | 
       | https://www.epa.gov/enforcement/national-enforcement-and-com...
       | 
       | "sales of defeat devices for certain diesel trucks after 2009 and
       | before 2020 resulted in more than 570,000 tons of excess NOx and
       | 5,000 tons of excess particulate matter (PM) over the lifetime of
       | the trucks."
       | 
       | "defeat" devices are not aftermarket ECUs for your eighties
       | Honda, they are DPF/EGR/SCR deletes for Diesel trucks.
       | 
       | https://www.epa.gov/sites/default/files/2019-05/documents/ta...
       | 
       | Here is an example of asshole coal rolling supplier:
       | https://www.rpmmotorsport.net/blogs/technical-help-center/sc...
       | EGR Delete         DPF Delete         ADBlue SCR Delete
       | Swirl Flap Delete
       | 
       | >RPM MOTORSPORT LTD. - We are located in Torrance, California and
       | Vancouver, British Columbia.
        
         | LinuxBender wrote:
         | Additional issue I see there is the customers are being ripped
         | off. $1500 for a device that can only do specific programming
         | sets and depends on remote access? I think they are taking
         | people to the bank on cheap devices. This seems like something
         | that could be done on a $100 general purpose OBD device.
         | 
         | On newer vehicles I would expect it to be possible to _upgrade_
         | the infotainment system to have all this built in to change on
         | demand. Fuel efficiency mode. Smog inspection mode _shout-out
         | to VW_. Whistlin Diesel Mode _For rollin coal and melting
         | tires_. All of this should be an open source USB image file
         | that also strips out any remote telemetry and remote control
         | capabilities from the vehicle and unlocks all subscription
         | services giving ownership back to the owner.
        
           | dharmab wrote:
           | With Hondata you are mostly paying for the license to their
           | software.
        
       | RamblingCTO wrote:
       | For the non-US and uninitiated, are these at fault for these coal
       | burner people?
        
         | Scoundreller wrote:
         | Depends how broadly the devices covered under this lawsuit are.
         | 
         | As cars get more advanced, sometimes you're just overriding a
         | sensor that broke and there was nothing wrong with the vehicle
         | or its emissions. But fixing the faulty sensor would be a $$$$
         | fix and a defeat device is far cheaper.
         | 
         | Other devices can be used for other situations.
        
         | codexb wrote:
         | A small number, perhaps, but most of these are likely
         | components that enable more aggressive tuning to increase fuel
         | and airflow for more horsepower and performance.
        
         | eppp wrote:
         | Only partially. There are lots of ways to get such things.
        
           | toomuchtodo wrote:
           | You only have to go after the largest volume folks, and then
           | put bounties on reporting the small frys (both sellers and
           | the trucks running this gear). Leverage where most efficient.
        
       | taylorbuley wrote:
       | The rules are in place, but not enforced at the degree to which
       | the government prefers. So they are litigating moderation
       | policies under the Clean Air Act. This seems a novel application
       | and, to me, a likely overstep.
        
       | jimnotgym wrote:
       | Finally the billion dollar online marketplaces get held to a
       | similar standard to real mom and pop shops.
        
         | 8jef wrote:
         | Let's see where it goes before getting ahead of ourselves..
        
       | SamReidHughes wrote:
       | They want to further outsource law enforcement to a due-process-
       | free zone.
        
         | richiebful1 wrote:
         | This is literally being tried in court under the Clean Air Act.
         | How does this circumvent due process?
        
           | SamReidHughes wrote:
           | They want eBay to enforce the law on merchants.
        
             | eli wrote:
             | eBay is a merchant
        
             | axus wrote:
             | I think it's an efficient use of tax dollars for the gov to
             | hold a trial once, instead of 300k times.
        
             | littlestymaar wrote:
             | Like every business that's supposed to enforce any kind of
             | compliance requirement...
        
             | abracadaniel wrote:
             | Is that different from any other retail store that has to
             | choose what products to carry based on the local laws? Just
             | because eBay crowd sources their product acquisition,
             | doesn't materially change the fact that they are,
             | ultimately, a retailer selling products. I go to a store
             | and buy a product, and the only difference is in the
             | retailer's perception of my relationship to the origin of
             | the product, but it's a distinction that only exists on
             | paper and ultimately has no difference from the outside.
             | That distinction without a difference shouldn't create a
             | loophole to bypass all liability.
        
           | RIMR wrote:
           | Because the devices aren't illegal, and have legal uses, but
           | eBay is being held responsible for the illegal ways end users
           | use these devices.
           | 
           | The only real violation that might have occurred here is not
           | removing listings for these devices where they are explicitly
           | marketed for illegal purposes. Short that, they need to
           | actually justify passing a law outlawing these devices, or
           | they need to enforce the existing laws against deceptive use
           | of these devices.
        
             | enragedcacti wrote:
             | AFAICT it is up to the EPA whether or not to exempt
             | noncompliant nonroad engines/equipment that are intended
             | solely for competition. I don't think you need to
             | explicitly market a product for illegal purposes for the
             | EPA to determine that it is not unlikely to be used
             | contrary to the intent.
             | 
             | > New nonroad engines/equipment you produce that are used
             | solely for competition are excluded from emission
             | standards. We may exempt (rather than exclude) new nonroad
             | engines/equipment you produce that you intend to be used
             | solely for competition, where we determine that such
             | engines/equipment are unlikely to be used contrary to your
             | intent.
             | 
             | https://www.ecfr.gov/current/title-40/chapter-I/subchapter-
             | U...
        
             | vkou wrote:
             | The devices are illegal to sell and install. EBay seems to
             | be squarely in the first business.
        
               | chucksta wrote:
               | They are illegal to install on road vehicles. You can do
               | whatever you want to off road vehicles used in power
               | sports.
        
         | local_crmdgeon wrote:
         | This is being handled through due process
        
       | ChuckMcM wrote:
       | Great, now do Amazon.
       | 
       | It is always amusing to see the evolution of "code names" for
       | things that sellers use to try to get around algorithmic
       | detection.
       | 
       | And bottom line, I expect businesses operating in the country of
       | origin will likely become the sellers of choice here.
        
       | xnx wrote:
       | This is a good step, would also like to see more enforcement of
       | emissions and noise ordnances at the local level.
        
       | WirelessGigabit wrote:
       | This is wonderful.
       | 
       | I wish they did the same about modifications done to increase the
       | noise.
       | 
       | I've got 2 people living nearby that both have straight-piped
       | their car and I literally cover my ears when they pass by.
       | 
       | My Watch literally tells me that a noise peak happened when they
       | drive by.
        
         | wutwutwat wrote:
         | Your municipality likely has noise ordinances for anything
         | above a certain decibel level. This can be handled by your
         | local PD giving them tickets for their exhausts. I've seen it
         | done before. If they keep getting tickets/fines they will
         | likely change their exhausts. You can probably call the city
         | about it but you can also call the cops. Just remember what
         | they say about snitches.
        
           | genter wrote:
           | Don't waste your time. I've tried, my PD told me that I need
           | to get used to the noise.
        
             | grepfru_it wrote:
             | Let me translate for you:
             | 
             | Management (the courts) do not find it lucrative enough
             | (political capital) to pursue weak cases (lax laws passed
             | by the legislative branch).
             | 
             | In order to fix you must bring awareness in your local
             | community to the problem (lax laws) and petition change
             | (raise political capital). The courts and byproxy,
             | enforcement, will follow. The larger the city, the more
             | difficult this becomes.
        
               | genter wrote:
               | No, I believe the officer I talked to didn't care and
               | thought I was a pansy.
        
               | lokar wrote:
               | This. More so for loud motorcycles, since cops tend to
               | also own them.
        
               | wutwutwat wrote:
               | This logic is absurd. Cops are hands off with bikers not
               | because they own bikes. Extrapolating your logic one
               | could say:
               | 
               | Cops don't ticket cars because they also own a car
               | 
               | Cops don't stop people with guns because they also own
               | guns
               | 
               | Cops don't go after bikers because they factor in if the
               | offense is worth the risk, to both themselves and the
               | public. There's also a whole thing with outlaw motorcycle
               | gangs that plays into it. Most non entry level bikes can
               | out maneuver and outrun cop cars with ease, yes, even
               | those slow looking Harley's. Starting a chase over loud
               | pipes would put a lot of innocent people at risk and for
               | what? It isn't worth it and it's safe to say if the biker
               | is running modified pipes they are not on an entry level
               | bike.
               | 
               | Story: a buddy of mine had a gsxr 1000 and would
               | purposely screw with cops on the freeway and as soon as
               | they'd light up he'd be gone and doing 200mph within a
               | few seconds, fitting between cars easily. Within 30-60
               | seconds a bike can be damn near a mile away from a cop
               | car. Radioing ahead won't help if you don't know where
               | they went and they were never running a plate to run...
               | most cops know it's pointless to chase and often
               | immediately call it off. Public safety is more important.
               | Those types of bikers have a way of making the issue go
               | away all on their own eventually. You can't temp fate
               | that much and not eventually meet yours.
        
               | sib wrote:
               | Grappling hook through the front wheel fixes that right
               | away...
        
               | wutwutwat wrote:
               | So we should kill people for loud exhausts? What about
               | the innocent bystander the bike turns into jelly when it
               | is catapulted into the air and lands on them? That energy
               | has to go somewhere...
        
               | I_Am_Nous wrote:
               | >doing 200mph within a few seconds
               | 
               | It's still kind of amazing to me that race-tuned liter
               | bikes are even legal in the US. Even a starter 250 likely
               | has a faster 0-60 than most cars on the road. I believe
               | you need a _little_ extra power to spare when riding, so
               | that you can suddenly speed up if you need to, but not so
               | much extra power that a quarter-turn on the throttle gets
               | you from 70 to 100 MPH in 1 second.
               | 
               | I've heard big bikes described as "ride to survive"
               | because even a small mistake can be fatal when you are
               | dealing with that much performance. Full disclosure, I
               | ride a big, fat Kawasaki touring bike (1993 ZG1200, right
               | about 760 pounds wet) and while the engine is big, it's
               | geared to a max of 113 MPH. It's big enough I have to
               | respect it when riding, but powerful enough that if I
               | need to I can spur it a bit :)
        
               | alexfoo wrote:
               | > Story: a buddy of mine had a gsxr 1000 and would
               | purposely screw with cops on the freeway ... You can't
               | temp fate that much and not eventually meet yours.
               | 
               | An idiot friend used to do similar (in the UK), then one
               | day he did it and the Police turned up at his house 1
               | minute after he had stopped and put his bike away. He'd
               | gotten away with it loads of times but this time he did
               | it with a Police helicopter in the air less than a mile
               | away and easily able to track a bike all the way back to
               | his house. A top sports bike may be able to do 200mph but
               | not everywhere, and helicopters are fast, can see for
               | miles with very good tracking cameras, and can fly in
               | straight lines.
               | 
               | They then used all of the footage from the Police cars of
               | previous incidents to tie them all to him (similar
               | clothing, similar bespoke exhaust, etc). I think he got 8
               | years in prison with all of the totting up that went on
               | (and previous offences taken into account).
        
               | alexfoo wrote:
               | It's just the odd love of the Harley or similar.
               | 
               | I got pulled over for noise (in the UK) as my ZX6-R had a
               | hole in the downpipes and it was obviously a bit too
               | noisy. I was trying my best to keep the noise down and
               | (genuinely, provably) on my way to drop the bike off to
               | have it repaired.
               | 
               | The Cop that pulled me over was happy to chat about it
               | when I explained that it was on its way to get fixed he
               | let me off.
               | 
               | Then a Harley that was twice as loud went past and the
               | cop says "Cor, doesn't that sound lovely!" I asked him if
               | he was going to pull it over for being louder than mine
               | and he suddenly got very grumpy with me again. I didn't
               | push any further as I didn't want to end up with a fine.
               | 
               | What's the old line?
               | 
               | "Harley's are probably the most efficient machine to turn
               | gasoline into noise without that pesky by-product of
               | horsepower."
        
               | dumbfounder wrote:
               | I am in favor of louder pipes for motorcycles for safety
               | reasons. But there is such a thing as too loud.
        
               | rando_dfad wrote:
               | not sure the safety argument has factual support; the
               | sound would need to project forward from the motorcycle,
               | wouldn't it?
        
               | fsckboy wrote:
               | hmmm, if I have to hear the noise, I would like a
               | requirement that it blare forward! (so I can step into
               | the crosswalk)
        
               | mikestew wrote:
               | If noise made your bike safer, you'd get an insurance
               | discount. People say such things so that they don't come
               | off as sociopathic, not because it is true. Don't parrot
               | them.
        
               | rrix2 wrote:
               | safer for whom? My windows only rattle _after_ the
               | motorcycle has driven past, they don 't project the noise
               | ahead of you nearly as much as you think they do.
        
               | genter wrote:
               | So should every pedestrian have a blazing siren on their
               | head?
        
               | charcircuit wrote:
               | Pedestrians should not be on the road.
        
               | bdcravens wrote:
               | Probably a gearhead showing his personal bias.
        
               | genter wrote:
               | The really frustrating thing is I love cars. I love
               | driving, I love shifting though the gears, I love working
               | on them, I've replaced headgaskets, rebuilt
               | transmissions, and regeared differentials. I just hate
               | how obnoxious noisy vehicles are.
        
               | bdcravens wrote:
               | For sure - I love speed myself. (Ironic that my fastest
               | car ever is also the quietest, but EVs are a different
               | creature). I guess not everyone has the same ethos that
               | our personal enjoyment doesn't entitle us to encroach on
               | others.
        
               | pseg134 wrote:
               | To be fair to that cop I think you were too. Did you try
               | solving the problem for yourself first?
        
               | genter wrote:
               | Being woken up 1:00 in the morning multiple times a week
               | by the walls of my house shaking from my neighbors
               | vehicles makes me a pansy?
               | 
               | But I did talk to them. Turns out he lives with his mom,
               | and she just bitched me out.
        
           | plagiarist wrote:
           | I have never heard of a municipality actually enforcing their
           | sound regulations other than live performances being shut
           | down.
        
             | lokar wrote:
             | Laguna beach is pretty strict on out of towners with loud
             | pipes
        
             | wutwutwat wrote:
             | Grow up with alcoholic parent who loves to max out their
             | high wattage sound system at 3am all the time and you'll
             | see it enforced often. Most house parties are shutdown due
             | to noise complaints.
        
             | CobaltFire wrote:
             | Coronado Island (San Diego) loves giving tickets to all the
             | Navy personnel driving through with too loud of vehicles.
             | We try to warn people transferring there but many don't
             | listen and end up with tickets.
             | 
             | To be fair (to those who think that's excessive), they also
             | (on two occasions) chased down and cited/arrested people
             | who tried to run me off the road on my bicycle there
             | (commuted via bicycle for years), and I've had many other
             | great interactions with them.
        
             | tbyehl wrote:
             | Where I grew up, an automotive noise citation was easy to
             | beat in court because the law incorporated a complicated
             | and exacting standard for measurement.
        
               | wutwutwat wrote:
               | Most citations can get off on technicalities but that
               | involves missing work, appearing in court, mounting a
               | defense, and the gamble of owing the fine + additional
               | court costs if you lose, and they probably, literally,
               | bank on the probability that most people just pay the
               | fine. Speeding tickets can be thrown out if the radar
               | wasn't recently calibrated, just have to ask about it in
               | court. Window tint is the same deal, when was it last
               | calibrated and documented to be within spec? Etc.
        
           | miguelazo wrote:
           | Most municipalities, especially ones relying on cops to
           | enforce these rules, rarely take action on these complaints.
        
             | RajT88 wrote:
             | These rules are usually used as probable cause to target
             | someone the police officer was already targeting.
             | "Profiling" is the better word for it maybe.
        
               | wutwutwat wrote:
               | If I chop the muffler off my car and run around revving
               | the hell out of my engine I'm not going to say I was
               | targeted or profiled after I'm pulled over in the vehicle
               | that's calling out to nearby police to take notice of me,
               | regardless of what I'm ticketed for in the end. The
               | squeaky wheel gets the grease as they say. You don't want
               | to be "targeted" or "profiled" (which isn't what that
               | would be anyway), then you need to blend.
        
             | pc86 wrote:
             | Who is going to enforce these rules other than cops?
             | 
             | I mean yeah if they never get complains about a given area
             | and they get one call about a loud car _driving_ they 're
             | not going to come in lights and sirens to search for them.
             | But if they consistently get complaints it will absolutely
             | guide their decision-making around where to patrol, how
             | often, etc.
             | 
             | Of course this assumes that the political leadership in
             | your municipality hasn't decided that cops don't need to
             | enforce laws (rare outside of a few large cities) and
             | they're not busier with much more serious crimes,
             | underfunded and understaffed, and just not able to spend
             | time on noise complaints (rare but a common talking point).
        
             | Scoundreller wrote:
             | At least in Canadian cities, both bylaw officers and police
             | can enforce these things. Bylaw officers tend to have less
             | discretion on doing their job (and uhhh, fewer other crimes
             | to claim to be busy with)
             | 
             | Though sometimes this double-responsibility just means
             | finger-pointing instead of action.
        
               | InitialLastName wrote:
               | I've never heard of bylaw officers being a thing in the
               | US. There are some code enforcement people in the US, but
               | they mostly deal in very specific areas (fire code,
               | building code, etc).
        
               | Scoundreller wrote:
               | Don't worry, you're not missing out. Ours are
               | ineffective/unwilling to enforce noise bylaws against
               | vehicles anyway.
        
         | ChuckMcM wrote:
         | If you seriously want to take action here, then do this;
         | 
         | 1) Look up your city ordinances on sound, there should be
         | copies of this is the reference section of your city's public
         | library. Identify the ordinance and paragraph that the people
         | nearby are violating. Record/video one or more violations on
         | your phone.
         | 
         | 2) Call the police, don't "complain about the noise", tell them
         | you want to "swear out a complaint" for violating ordinance x,
         | paragraph y. They are obligated to take your complaint and
         | forward it to the District Attorney[1].
         | 
         | 3) You will probably be called as a witness if the folks with
         | the noisy cars choose a trial.
         | 
         | [1] When a police officer hears a complaint, they can
         | "investigate", and then "cite" the offender. It is up to the
         | officer's discretion. That citation is the sworn complaint
         | _from the officer_ of the offending behavior. When the police
         | refuse to do their job, everyone has the right to  "step in" to
         | that role and swear out a complaint. The downside is that
         | retaliating against an officer is 'scary' but retaliating
         | against a neighbor isn't. This can result in a variety of
         | negative externalities that may be criminal but hard to prove
         | (car getting 'keyed', tires slashed, rocks thrown through
         | windows, feces on your porch, Etc.)
         | 
         | Because taking on the job of enforcement when the cops let you
         | down incurs significant personal risk, I usually suggest people
         | make an appointment with their representative on the city's
         | governing body, city manager, or district attorney and
         | encourage them to actually do their job. Editorials in the
         | local paper are good to, but projecting soft power as a voter
         | in that way is less likely to blow back directly on you. I can
         | also take longer and be less successful but sending emails to
         | the DA with repeat infractions over and over can often convince
         | them of the need for enforcement.
        
           | notyourwork wrote:
           | > 2) Call the police, don't "complain about the noise", tell
           | them you want to "swear out a complaint" for violating
           | ordinance x, paragraph y. They are obligated to take your
           | complaint and forward it to the District Attorney[1].
           | 
           | Good luck getting them to pick up. At least where I live
           | (Seattle), I don't think its possible to get someone on the
           | phone unless you call 911. Daytime phones automated system
           | defers everything to online.
        
             | altec3 wrote:
             | I lived in Portland for years - and it's the same. Even if
             | you did get someone on the phone, I doubt anything would
             | happen. There's tons of cars without plates, mufflers,
             | windshields, etc. driving around that the police don't care
             | about.
        
               | brianwawok wrote:
               | Another upside to living in the flyover states I guess? I
               | can get multiple people up to the mayor on the line.
        
             | Pseudocrat wrote:
             | Actually faster here to dial the non-emergency. I once
             | called 911 because a 7 year old child approached me at a
             | gas station asking for money. I was put on hold. When I
             | called the non-emergency I got through right away. The
             | cherry on top was when I received a callback from 911
             | dispatch over an hour later to check if I was okay.
        
             | RajT88 wrote:
             | City council meetings are for this. They typically have a
             | citizen comments section at the end of the meeting.
             | 
             | Where I live, these citizen comments are beloved by
             | wingnuts who hate their neighbors and are trying to
             | convince the city to harass them. So - you know - try not
             | to come off as one of those.
        
           | pseg134 wrote:
           | I'm sure this has worked but I have gotten the same result by
           | writing fix your exhaust on a piece of paper and tying it to
           | a brick and throwing it through their back windshield. Some
           | times two wrongs make a right.
        
             | westmeal wrote:
             | Not really you're just an asshole.
        
         | deepsun wrote:
         | Are there any legislative initiatives to ban loud motorcycles
         | (like they did in some EU countries)? I'd really want to vote
         | for it.
         | 
         | US is all about freedom, and concern for neighbors is a
         | necessary prerequisite to practicing freedom.
         | 
         | PS: I ride a motorcycle as well, there's no problem making it
         | reasonably quiet.
        
         | akudlacek wrote:
         | This will do nothing to stop people from removing their
         | mufflers.
        
         | sidewndr46 wrote:
         | You would need to stop the sale of exhaust tubing to prevent
         | this. I don't think that is realistic
        
           | toomuchtodo wrote:
           | https://news.ycombinator.com/item?id=30364669 ("New York is
           | using cameras with microphones to ticket loud cars")
        
           | akudlacek wrote:
           | exactly
        
         | kjkjadksj wrote:
         | Not to mention good old fashioned overpowered unfocused led
         | lighting. Its been a meme with the truck bros for years, but
         | now these products have entered the general lighting supply.
         | Now your landlord replaces the garage light with one thats
         | brighter than the sun and shines into your bedroom. You will
         | end up like Kramer in the chicken roaster episode of
         | _Seinfeld_.
        
           | plagiarist wrote:
           | It is somehow every single vehicle on the road with these.
           | People should lose their license for operating a vehicle with
           | the blinding LEDs tilted up higher than highbeams would be.
           | It is unsafe that approaching drivers cannot see past them as
           | they drive by.
        
             | kraquepype wrote:
             | Ugh yeah. It's that time of year where it gets dark early
             | and I get blinded on the way home from work by all the bro-
             | dozer truck lights and intense LEDs.
        
             | rumblerock wrote:
             | I've been looking into transparent windshield films to
             | reduce glare for this reason.
        
           | extraduder_ire wrote:
           | A friend of mine bought a hyundai i20, and the LED lights in
           | it aren't aimed low enough, either by manufacturing error or
           | design, and even when dipped they shine at oncoming drivers.
           | No idea if this is common, or if he can get them adjusted
           | anywhere.
           | 
           | Can't tell you the amount of times I've seen people in the
           | other lane flash their highbeams at him while I've been
           | riding in the passenger seat, because they think he's doing
           | the same.
        
             | brianwawok wrote:
             | It's 100% adjustable by user. Very likely when replacing
             | them they got bumped? The classic way is you go in a garage
             | or against a wall and shine them, and measure to ensure the
             | horizontal line is going down towards the ground (vs going
             | up and blinding everyone). Not only is it nicer for
             | oncoming traffic, they actually work a lot better...
        
               | sokoloff wrote:
               | I typical set the high beams on and aim those straight
               | ahead.
               | 
               | That gives max range for high beams and the low beam down
               | and right (for right drive countries) is then also very
               | close to optimal.
        
               | brianwawok wrote:
               | Yah. If you are being flashed it's likely at least 1
               | degree upward, which is not helping a driver see the
               | road.
        
           | RC_ITR wrote:
           | Say what you will about over-engineering, but the Germans
           | _got it so so so right_ with their metal full black out
           | shades.
        
             | slaymaker1907 wrote:
             | I'd prefer to just have less outdoor light since blocking
             | out all outdoor light also blocks out sunlight which can
             | mess up your circadian rhythms.
        
             | userabchn wrote:
             | But unfortunately it is the type of thing that, although
             | obviously a superior solution, is unlikely to be adopted in
             | the rest of the world. Where I live, as, I think, in most
             | places, people would think you were very strange if you put
             | those kinds of metal shutters on your windows, and I can
             | even imagine neighbours being displeased with you as it
             | makes it look like it is a bad neighbourhood.
        
             | jrwoodruff wrote:
             | I'm unfamiliar with this, but I'd love some well-done black
             | out shades - got a link or a brand?
        
               | progman32 wrote:
               | Very common in Italy as well - search Images or Youtube
               | for "finestra tapparelle" for an idea. The sound of
               | tapparelle is super ingrained in many european minds,
               | i.e. https://italybeyondtheobvious.com/taparelle/
               | 
               | They are also good for deflecting debris :)
        
         | sschueller wrote:
         | Call the police on them. It's illegal almost everywhere.
        
         | MisterTea wrote:
         | I wish it were simply just strait pipes. The biggest buffoons
         | are the ones running "pops and bang" tune where the clown car's
         | engine dumps fuel into the exhaust to make it pop, bang and
         | gurgle. Makes the car sound like shit but these mental midgets
         | think it makes their already ugly slammed trashcar somehow
         | sound cool. The kinds of people who do this usually have very
         | little going on upstairs.
        
           | I_Am_Nous wrote:
           | My dad bought a truck with aftermarket headers installed and
           | dual aftermarket glasspack mufflers. If you were going down a
           | hill and let off the throttle, it would "popcorn" like you
           | described, but not obnoxiously. It was loud when you
           | accelerate quickly, though. Scared a horse once when he
           | pushed the clutch in and revved the engine.
           | 
           | I'd personally rather have a fast, but quiet vehicle. Most
           | vehicles people make loud don't really have enough
           | displacement to warrant that much sound so it's usually loud
           | AND slow lol
        
       | lsedgwick wrote:
       | Emissions tests are a poverty tax that play a strong role in
       | punishing people trying to buy affordable old cars and either
       | pushing the demand curve for new cars, or pushing poor people
       | into illegality or carlessness.
        
         | g232089 wrote:
         | Literally. I'm sure the purpose of all these regulations
         | (including the EU banning petrol cars) is that in a few decades
         | poor people won't allowed to drive their own cars.
        
         | baron816 wrote:
         | People should pay for the pollution they cause
        
         | undersuit wrote:
         | The poverty tax is making it required to have a vehicle to
         | participate in society. Make better public transit options so
         | owning a car is optional.
        
         | rdschouw wrote:
         | How do you mean? Here in Illinois they are free. It was also
         | free in New Jersey.
        
           | deathanatos wrote:
           | Well, they're not free (in dollars) in CA or MA.
           | 
           | They're never free in terms of your time, either.
           | 
           | (But note that I agree with the sibling comments by
           | cool_dude85 & undersuit, in this case. But they _are_ a
           | regressive tax.)
        
         | cool_dude85 wrote:
         | Under current economic conditions almost any tax that doesn't
         | explicitly target high earners and high net worth individuals
         | is a poverty tax. Fixing economic inequality is the appropriate
         | place to deal with this problem, not reasonable taxes like
         | emissions tests.
        
       | beardyw wrote:
       | Sorry to sound stupid but what is the point of an emissions
       | defeat device?
        
         | skyyler wrote:
         | Usually increased performance. ECUs that will happily dump an
         | increased amount of fuel into the engine, for example. High
         | flow exhaust parts that remove catalytic converters, for
         | another example. Both are being sold on eBay.
        
         | codexb wrote:
         | There are many examples. Many SUV's in the US these days are
         | only able to meet emissions requirements by automatically
         | turning off the engine at stoplights or whenever the car comes
         | to a stop. Many people find it annoying because there's a delay
         | when you press the accelerator to go and then you press harder
         | and the car then jumps. Most cars allow you to disable it, but
         | you have to do it every time after you turn the car on. No one
         | likes it. You can sometimes modify the car or access hidden
         | computer settings to disable the setting. Technically, it's
         | illegal to do.
        
           | testfoobar wrote:
           | IMHO such start/stop is a fraudulent way to meet MPG targets.
           | Almost everyone I know presses the button to turn off the
           | feature the moment they start their car.
        
         | [deleted]
        
         | toomuchtodo wrote:
         | https://en.wikipedia.org/wiki/Rolling_coal
         | 
         | https://www.mtpr.org/montana-news/2022-11-10/whats-the-deal-...
         | 
         | https://www.sierraclub.org/sierra/rolling-coal-backfires
        
         | swatcoder wrote:
         | There are aesthetic, performance, financial, and ideological
         | reasons for people to evade many regulatory requirements for
         | cars. For emissions in particular, you may miss out on some
         | vrooom or roar from your car, or you may find yourself tasked
         | to make expensive repairs in order to keep it on the road.
         | 
         | These are comparatively cheap ways around that.
        
           | LazyMans wrote:
           | Right. I'm not putting a $1500 catalytic converter on my
           | $1800 prius. Just to have it stolen again.
        
             | brianwawok wrote:
             | Yah thats is super obnoxious. I love the prius but if I
             | couldn't park in a locked garage I would likely sell it for
             | something else ASAP.
        
         | dieselgate wrote:
         | Often times it's the removal of a complicated system that is
         | failure prone - less filters to get clogged and stuff like
         | that.
         | 
         | Edit: people generally don't do things for the "sole purpose of
         | polluting more" it's often functional. Many diesel drivers
         | don't like others who roll coal as the image is bad in general
         | - heavy equipment will often produce black smoke because the
         | engine is being worked for a purpose and it's literally just
         | being given fuel.
        
           | [deleted]
        
         | linuxftw wrote:
         | There's a multitude or purposes. Improved power being one,
         | improved reliability being another. Modern diesel emissions
         | equipment fails regularly, often in hard to diagnose and repair
         | ways.
         | 
         | If you spent $100k on a truck, and you could spend $2k more to
         | 'delete' some emissions equipment to prevent $10k+ worth of
         | repairs in the future, would you do it?
        
           | floren wrote:
           | [flagged]
        
             | strbean wrote:
             | Seems likely they are talking about semi trucks, not
             | pickups.
        
               | linuxftw wrote:
               | Well, a 3500 diesel is all of $100k today (if you're
               | getting 4 door, dually). I personally wouldn't spend that
               | kind of cash unless I needed such a thing (like, to pay
               | my bills with, not pull an RV or something). And if I was
               | paying my bills with it, I'd make sure I keep it one the
               | road, one way or the other.
        
             | doubled112 wrote:
             | It isn't just 100K trucks.
             | 
             | I drive a 2013 VW diesel, and this year the warranty
             | covered an EGR and a DPF, which is exactly the kind of
             | thing deletes remove from the vehicle.
             | 
             | That's about $6K in work on a vehicle I paid $14K for a
             | couple of years ago.
             | 
             | Next time, when it is out of warranty, should I take the
             | car to the junk yard? Or delete them and never have another
             | issue? Which is really better for the planet?
             | 
             | Before anybody asks, no I do NOT want to roll coal. It's
             | stupid and obnoxious. You can put a proper tune on a car
             | and not have that issue. Soot is unburnt fuel, which means
             | wasted fuel. You turned it up too high.
        
               | linuxftw wrote:
               | You're lucky it was under warranty (I'm assuming it's an
               | extended warranty). Most manufacturers are only covering
               | those items for 36 months.
               | 
               | Imagine if the warranty was a federal minimum 300k
               | miles/20 years. I bet they would design the components so
               | the labor time is zero to replace them.
        
               | doubled112 wrote:
               | Extended warranty.
               | 
               | When Dieselgate was happening, my understanding is that
               | you were offered a couple of options.
               | 
               | One was to sell back the car. The other was to keep the
               | car, do the fix, and accept an extra 10(?) years of
               | fairly comprehensive warranty. It transferred ownership,
               | which made them fairly attractive as a used car, which is
               | why I have one.
               | 
               | Has saved me literal thousands at this point, but after
               | owning it a couple of years, I understand why everybody
               | was happy to sell them back. They're junk, and the
               | dealership experience leaves something to be desired too.
               | 
               | Some of these warranty claims have had me running back
               | and forth to the dealership. My record is 7 trips before
               | they got it right.
               | 
               | Another dealership left it spraying fuel all over the
               | engine bay. That was a good time.
        
           | WirelessGigabit wrote:
           | It's not on you to decide that I get to breathe in
           | carcinogens.
        
             | Osiris wrote:
             | As a motorcycle rider, these people that dump black smoke
             | when they accelerate are just pumping poison straight into
             | my lungs. I hate it so much because there's nothing I can
             | do about it.
             | 
             | At least cars have cabin air filters. I get to suck it
             | straight in unfiltered.
        
               | devit wrote:
               | You could wear an FFP2 or FFP3 mask with a valve.
        
               | numtel wrote:
               | As a car driver without a cabin air filter, (are cabin
               | air filters even effective against exhaust gases?) both
               | diesel trucks and motorcycles require me to close my
               | windows and vents because of the smell.
               | 
               | At least cars have smog equipment to reduce the
               | emissions. Motorcycles mostly don't.
        
               | dharmab wrote:
               | Most motorcycles made from 2017 onward have factory
               | emissions equipment with cleanliness similar to cars (due
               | to the Euro5 regulations from that year forward). Since
               | most bikes have one configuration globally, even US
               | models implemented Euro5.
        
         | bagels wrote:
         | Well, if you do it right, you put it on your race car to make
         | it go faster and only drive it at the race track.
         | 
         | Otherwise, you do it to make your street car faster (and maybe
         | also pollute more), or worse, just generate a bunch of diesel
         | soot to annoy other people with.
        
         | fgsfds028374 wrote:
         | To asphyxiate cyclists in clouds of toxic soot while you pass
         | them. Speaking from experience
        
           | Scoundreller wrote:
           | Cancel windshield wiper fluid NOW!
        
         | leakybit wrote:
         | One motive is that it's cheaper to delete the emission system
         | vs having to replace/repair the unit. Diesels have much more
         | sophisticated emission devices vs gasoline engines, so it's
         | more costly.
        
           | systems_glitch wrote:
           | One does not roll coal from e.g. an EGR bypass or delete,
           | though! The only way to get thick clouds of black smoke are
           | too much fuel (turn up the pump) or not oxygen (bag over the
           | air filter in the simplest case).
           | 
           | Many states and localities have "visible emissions" rules,
           | where even if your vehicle doesn't have to pass emissions
           | tests, you can still get pulled and cited for actual smoke.
           | I've never been pulled for it (smoke means you're wasting
           | fuel) so I don't know if it's an inconsequential fine or just
           | not enforced generally.
        
             | dieselgate wrote:
             | In my lived experience the folks who intentionally want to
             | roll coal are younger guys (something to do in high school)
             | - "matured" diesel owners want little/no smoke for the
             | higher performance
        
         | Scoundreller wrote:
         | Sometimes to avoid costlier mechanical work like changing O2
         | sensors, where often cars still give a check-engine-light if
         | you use an aftermarket one (dunno why the aftermarket ones are
         | so poor that they cause emissions problems or if the car's
         | computer was deliberately/unintentionally so sensitive to force
         | people onto OEM parts).
        
           | ewagsjr wrote:
           | Oh my gosh, I've had to run a new wire for an O2 sensor
           | because mine gave out and it was a PITA but I couldn't afford
           | the labor at the time and it was putting my car in limp mode
           | which disabled cruise control. so not only was it $150
           | sensor, but also 5 freaking hours of me watching youtube and
           | get cuts on my hands underneath a car.
        
         | codysc wrote:
         | They defeat/bypass smog control systems to either boost power,
         | or literally, just blow clouds of diesel exhaust on demand.
        
       | kmonad wrote:
       | > eBay says that it is removing and blocking "more than 99.9%" of
       | the listings cited by the DOJ.
       | 
       | Is this an admission?
        
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