COMPLIANCE ADVISORY
Enforcement Alert
Making You Aware of Anticipated Enforcement Activities
Compliance and Enforcement Issued: November 15, 2017 #2017-08
New
Jersey
Department of
Environmental
Protection
Tampering of Emission Control Systems on
Diesel and Gasoline Vehicles is Prohibited
Who is affected this advisory?
Vehicle owners, operators, automotive technicians and repair facilities, fleet managers and car and truck
dealers.
Why is DEP issuing this advisory?
It is illegal under state and federal law to tamper with the emissions system of any vehicle. All vehicles,
diesel or gasoline powered, light or heavy-duty, are subject to the regulation.
What is the definition of tampering (parts and vehicle sales)?
Tampering is defined as the removing or altering of emission controls on your vehicle and is prohibited
pursuant to N.J.A.C. 7:27-14 and 15.
All vehicles certified by US EPA or the California Air Resources Board (CARB) have emission control
systems that monitor and regulate the engine operations and exhaust gases to maintain air pollutants at
strict levels. Tampering with these devices is illegal. Tampering causes excess pollution and may cause
damage to other emissions control devices on your vehicle.
If you remove, disconnect, detach, deactivate, alter, modify, reprogram, or make less effective any
emission control device installed by the manufacturer, or use less effective replacement parts, you have
committed the act of tampering. This includes installing replacement parts that do not meet the
manufacturers’ specifications, and/or reprogramming computer components or installing performance
chips to circumvent or “defeat” factory settings, or to produce excessive exhaust smoke.
It is illegal to sell, lease, or offer for sale or lease any vehicle with a tampered emissions system, or to sell
or offer for sale any part that does not duplicate the function and performance of the original equipment
manufacturer (OEM) part.
Vehicle “sales” include retail, wholesale, auction, and person-to-person. Signing a New Jersey vehicle
inspection waiver does not absolve the seller from the responsibility for selling a tampered vehicle. Selling
a tampered vehicle is strictly prohibited.
Tampering with your vehicle will void your warranty
.
Violations of the rule could result in penalties up to the maximum penalty of $30,000 per offense for:
• tampering with any device or component
• operating a tampered vehicle on public roads
• selling or offering off-specification parts for sale
• selling, leasing, or offering for sale or lease a tampered vehicle
COMPLIANCE ADVISORY
What is DEP doing?
The Department is reaching out to operators, fleet managers, vehicle dealers and enforcement agencies
to clarify the tampering prohibition.
What should I do?
The following is a general list of things to check to ensure compliance and is by no means a complete list
of requirements with which you need to comply.
• DO NOT remove, disconnect, detach, deactivate, alter, modify, reprogram or in any way render
any emission control device inoperable or less effective than originally designed.
• Do not sell, lease, or offer for sale or lease any vehicle with a tampered emissions system.
• Do not purchase a tampered vehicle from any person, dealer, or auto auction.
• Do not install any non-compliant emission control devices on your vehicle or engine.
• Use only US EPA or CARB approved replacement parts.
Who should I contact with questions?
Where can I get more information?
A copy of the regulations, N.J.A.C. 7:27-14, and 15, Prohibition of tampering with emission control
apparatus, is available at http://www.nj.gov/dep/aqm/rules27.html
.
USEPA FAQs: https://www.epa.gov/air-pollution-transportation/frequent-questions-epas-office-
transportation-and-air-quality
The federal rule citation is: 42 U.S.C. 7522(a)(3))
For information on Federal penalties: https://www.gpo.gov/fdsys/pkg/FR-2017-01-12/html/2017-
00160.htm
To comment on this advisory:
http://www.nj.gov/dep/enforcement/survey.html
Please note this advisory is intended to be a summary explanation of a department initiative. It does not include all
potentially applicable requirements. If you have any questions related to compliance with this initiative, please contact
the programs listed above.
