Top Three Considerations for Safely Selling Performance Parts Under the Clean Air Act

Few sports are more all-American than racing. Speeding cars, roaring horsepower and vast amounts of smoke are all part of the experience, which is why in 1970, Congress exempted racing vehicles from regulation under the Clean Air Act.

Even now, however, it is not well understood how the Clean Air Act affects those retailers who stock aftermarket products for race cars. The short version is that as an aftermarket professional, you can legally sell these products if they meet the requirements of the Environmental Protection Agency (EPA) Memorandum 1A or have been assigned a cARG Executive Order (EO).

In this blog, we’ll review the top three considerations for safely selling performance parts under the Clean Air Act and cARG.

Consideration #1: Do You Have an Executive Order From cARG?

Apply for and achieve an EO from cARG, which will approve parts that are emission neutral or better. (Examples include filters that modify emissions levels for the better.) Executive Orders are written documents that confirm compliance with cARG regulations and make the car exempt from the Clean Air Act. An experienced automotive aftermarket attorney can assist you in obtaining one.

Consideration #2: Do You Label the Parts for Proper Use?

The Specialty Equipment Market Association (SEMA) recommends that all parts not intended for on-highway use in pollution-controlled vehicles be labeled appropriately. Examples of possible wording include:

  • Not intended or applicable for street or highway use. Legal only for racing vehicles which may never be used upon a highway. 
  • Not legal for sale for, or use on, pollution-controlled vehicles.

Each sales invoice or receipt should be stamped with a disclaimer, which the purchaser will be required to sign. This disclaimer should state the following:

  • The purchaser understands the conditions of sale
  • They agree that the parts will only be used for off-highway racing purposes

Neither the EPA nor cARG have issued guidelines on acceptable disclaimer language for sales invoices, but Aftermarket Law can assist you in creating documentation that gives you the right amount of protection during each transaction.

Consideration #3: Do You Sell Delete Kits?

If you sell delete kits, stop. Deleting a vehicle’s DPF is only legal for competition and race use: when a diesel is only registered for street use, deleting the DPF can cause it to fail emissions tests. It’s a risky product that can create more trouble than it’s worth.

Contact Aftermarket Law Today

If you sell aftermarket products for competition vehicles, we will guide you through any legal questions or challenges that could impact your business. We love the automotive industry, understand the laws that govern it, and will help you stay compliant with changing regulations. For more information or to schedule a consultation to discuss your legal needs, contact Aftermarket Law.

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