Legal?

/ Legal? #1  

Hay Dude

Epic Contributor
Joined
Aug 28, 2012
Messages
25,783
Location
A Hay Field along the PA/DE border
Tractor
Challenger MT655E, Massey Ferguson 7495, Challenger MT555D, Challenger MT535B Krone 4x4 XC baler, 2-Kubota ZD1211’s, 2020 Ram 5500 Cummins 4x4, IH 7500 4x4 dump truck, Kaufman 35’ tandem 19 ton trailer, Deere CX-15, Pottinger Hay mower, NH wheel rak
2006 IH 7400 with a DT466E
Truck was originally titled in California and equipped with California Emissions
You may know that in 2006 CA emissions meant trucks came with a DPF. They had the same emissions in 2006 as the other 49 states got in 2008.
Years later, the truck was sold to a buyer in South Carolina.
Buyer in SC removed the DPF because no emissions is required for trucks built before 2008.

From what I have read, it is illegal to tamper with any federally mandated pollution device.

However, the truck is no longer being operated in CA. Its in SC and it’s a 2006.

Legal?
 
/ Legal? #2  
The filp side of the same coin to ask...

Who in SC is going to interrupt and enforce CA laws?

DPF in CA in 2006 was not a federally mandated device.

A good lawyer will get this taken care of...
 
/ Legal? #3  
I had a '96 GMC pickup truck I ordered new. That night I removed catalytic converter, installed a J.C. Whitney "test pipe". It ran lots better and I got it inspected every year. One mechanic said something about it...then "it must be a Canadian model".
 
/ Legal? #5  
"Federally" mandated... not California mandated.

What is the Federal mandate?
 
/ Legal? #6  
As long as it stays in SC I don't see a problem or go back to CA.. as far as other states.. if there was a mandate at that Time which required it if not then seems fine
 
Last edited:
/ Legal?
  • Thread Starter
#7  
The filp side of the same coin to ask...

Who in SC is going to interrupt and enforce CA laws?

DPF in CA in 2006 was not a federally mandated device.

A good lawyer will get this taken care of...

So when CA mandated their emissions standards before the rest of the country, it was a “CA” standard and nothing to do with FED standards…..
Best to look at door tag and see if it says “Fed. Emissions” or “CA emissions”
If CA emissions then ok to remove DPF

I purchased a backhoe from CA about 15 years ago. Seller was selling it outside of CA because it no longer met CA emissions standards.

This one DOES meet CA emissions but truck is in SC now and had entire system removed.
 
/ Legal? #8  
I had a '96 GMC pickup truck I ordered new. That night I removed catalytic converter, installed a J.C. Whitney "test pipe". It ran lots better and I got it inspected every year. One mechanic said something about it...then "it must be a Canadian model".
A lot of this varies from state to state. In my state anything over 20 years old is exempt from emissions check (which is done by plugging into the OBD port, so anything pre-1996 wouldn't have ever been subject to it). However, some inspection stations will still fail you if the check engine light is on.
Not sure if emissions checks are required in all states or not. One would think that since that equipment is federally mandated it would be, but logic doesn't always enter into it.

I would think that any OBDII vehicle would run worse with the cat removed...by this point they were designed to work with it as opposed to the 70s/early-mid 80s when it was sort of tacked on.
 
/ Legal? #9  
So when CA mandated their emissions standards before the rest of the country, it was a “CA” standard and nothing to do with FED standards…..
Best to look at door tag and see if it says “Fed. Emissions” or “CA emissions”
If CA emissions then ok to remove DPF

I purchased a backhoe from CA about 15 years ago. Seller was selling it outside of CA because it no longer met CA emissions standards.

This one DOES meet CA emissions but truck is in SC now and had entire system removed.
Correct. California can not dictate to other states their own rules and vice versa. The feds can dictate to all 50 states.

If you're really worried, look up SC emission standards for 2006. I doubt you will find anything in there about DPF requirements.

There is something similar happening today. CA has outlawed tractor trailers without any type of emission devices on any of their roads. Companies set up shop in NV to send compliant trucks into CA, only for them to switch trucks to continue the trip back east. It's a clown show.
 
/ Legal? #10  
A lot of this varies from state to state. In my state anything over 20 years old is exempt from emissions check (which is done by plugging into the OBD port, so anything pre-1996 wouldn't have ever been subject to it). However, some inspection stations will still fail you if the check engine light is on.
Not sure if emissions checks are required in all states or not. One would think that since that equipment is federally mandated it would be, but logic doesn't always enter into it.

I would think that any OBDII vehicle would run worse with the cat removed...by this point they were designed to work with it as opposed to the 70s/early-mid 80s when it was sort of tacked on.

Fed emission standards requiring DPF on diesel trucks started in 2008. The actual standard only goes back 14 years...
 
/ Legal?
  • Thread Starter
#11  
I was thinking if pulled over, DOT cop would look at door jamb tag stating it must meet CA standards, then maybe see DPF missing, then start more crap.
 
/ Legal? #12  
2006 IH 7400 with a DT466E
Truck was originally titled in California and equipped with California Emissions
You may know that in 2006 CA emissions meant trucks came with a DPF. They had the same emissions in 2006 as the other 49 states got in 2008.
Years later, the truck was sold to a buyer in South Carolina.
Buyer in SC removed the DPF because no emissions is required for trucks built before 2008.

From what I have read, it is illegal to tamper with any federally mandated pollution device.

However, the truck is no longer being operated in CA. Its in SC and it’s a 2006.

Legal?
We have about five trucks rolling. It's been taken off all of them.
 
/ Legal? #13  
Those didn't have a DPF, at least I don't think so and I used to work for International so hopefully I would know... In 2006 they had a catalytic muffler. Almost all that I know of have been removed now, they were fairly expensive to replace IIRC and most people just put a normal muffler in place. I wouldn't worry about it
 
Last edited:
/ Legal? #14  
I was thinking if pulled over, DOT cop would look at door jamb tag stating it must meet CA standards, then maybe see DPF missing, then start more crap.
SC DOT cop would have to be really familiar with CA emission standards of 2006 to make any type of case on the side of the road.

He would have to cite a specific violation in SC law that your breaking CA law of 2006.
 
/ Legal? #15  
SC DOT cop would have to be really familiar with CA emission standards of 2006 to make any type of case on the side of the road.

He would have to cite a specific violation in SC law that your breaking CA law of 2006.
Possibly if the door tag says it was built to CA spec and there is a SC state standard that smog gear can't ever be tampered with, then in theory the cop might have a case.

I think CA does have a never-tamper standard and it makes upgrading an old car, difficult.
 
/ Legal? #16  
I think another point here is that even if some law could somehow be twisted into applying here (which I doubt), YOU didn't remove the equipment -you purchased it that way (blissfully ignorant of the previous owner's choices of course).
The potential issue here is with the ACT of removing, not with ownership later -especially if you are "unaware"
 
/ Legal? #17  
How would they even know where the truck was originally sold. I certainly wouldn’t put a DPF on the truck if that was the question.
 
/ Legal?
  • Thread Starter
#18  
How would they even know where the truck was originally sold. I certainly wouldn’t put a DPF on the truck if that was the question.

It would have a CA emissions decal on the door jamb. I wouldn’t add a DPF either since (I believe) the other 49 states didnt require manufacturers to install a DPF until 2008.
I think another point here is that even if some law could somehow be twisted into applying here (which I doubt), YOU didn't remove the equipment -you purchased it that way (blissfully ignorant of the previous owner's choices of course).
The potential issue here is with the ACT of removing, not with ownership later -especially if you are "unaware"

You are correct. The 2nd owner removed all of the emissions equipment and straight piped the truck.
 
/ Legal?
  • Thread Starter
#19  
Politicians are always in search of “revenue” sources.
We are now going into our 15th year of diesel trucks with emissions equipment.

One has to wonder which state(s) will be first to start mandating a “carbon tax” to owners of trucks made before 2008?
 
/ Legal? #20  
Those didn't have a DPF, at least I don't think so and I used to work for International so hopefully I would know... In 2006 they had a catalytic muffler. Almost all that I know of have been removed now, they were fairly expensive to replace IIRC and most people just put a normal muffler in place. I wouldn't worry about it
I came here to say this.
 

Marketplace Items

SD Lanch 20'x30' All Steel Carport (A60462)
SD Lanch 20'x30'...
New Quick Attach Hay Spear (A61166)
New Quick Attach...
KJ K0720 7'x20' Metal Gate (Deep) (A60463)
KJ K0720 7'x20'...
Giyi DHC Mini Quick Attach Forks (A60463)
Giyi DHC Mini...
John Deere 4044M (A60462)
John Deere 4044M...
2014 MAGNUM PRODUCTS LIGHT TOWER COMBO (A58216)
2014 MAGNUM...
 
Top