(10-28-2015, 12:56 PM)Rboe_imp Wrote: I'm pretty sure it is illegal to tamper with the emissions equipment on a motor vehicle (no matter how many wheels) and that includes replacing the exhaust system with one that does not have the cat.
http://www2.epa.gov/sites/production/fil...repair.pdf
Enforcement is another matter and your state may take a dimmer view than other states.
No offense, and not to turn this into a class on the Constitution, but the EPA derives its power from the Congress, which applies the laws regarding emissions equipment that apply to manufacturers from the "commerce clause" of the Constitution, which grants the Congress the power to regulate interstate commerce. Since vehicles sold in the many states are involved in interstate commerce, these laws are legal and apply to the manufacturers, only (or, perhaps, a private person selling a vehicle to a resident of another state). No where in the Constitution is power delegated to the Congress to regulate private property in any way, whatsoever.
Even if you don't want to wade into the Constitutionality of laws, only a federal officer can arrest you for breaking a federal law. Those federal officers are FBI special agents, or some agent the EPA probably has. The last time I looked, I didn't have too many FBI/EPA agents running around my city checking my vehicles' exhaust systems. At least, I've never seen one. Your local PD can't arrest you for violating the Clean Air Act, regardless of the act's constitutionality.
IMO, the law is unconstitutional with regard to that note that was posted regarding private citizens modifying their own property. As such, I consider it null and void. Having said that, I have no need or want to remove the cats on my automobiles, but I may have want to do so on my current or future motorcycles, and I will do so as I want and am fully prepared to defend in court my rights if, per chance, and agent of the FBI or EPA happens down my street and give me guff about the lack of catalytic converters on my motorcycle(s).
:-)
