2017 Milwaukee Eight dyno testing & information
#241
From the EPA Decree that covers 2017 and later HD motorcycles, Defendant is HD corp:
14. Denial of Warranty.
a. Defendants shall deny all warranty claims for functional defects of powertrain components for any Harley-Davidson vehicle (Model Year 2017 or later) registered in the United States, if any Defendants have any information to show that such vehicle was tuned using a Tuning Product that was not covered by Califorina ARB a ARB Executive Order or otherwise approved by EPA.
b. Defendants shall instruct Harley-Davidson dealers to deny such warranty claims where any Defendant or any Harley-Davidson dealer has any such information. https://www.epa.gov/sites/production...avidson-cd.pdf
14. Denial of Warranty.
a. Defendants shall deny all warranty claims for functional defects of powertrain components for any Harley-Davidson vehicle (Model Year 2017 or later) registered in the United States, if any Defendants have any information to show that such vehicle was tuned using a Tuning Product that was not covered by Califorina ARB a ARB Executive Order or otherwise approved by EPA.
b. Defendants shall instruct Harley-Davidson dealers to deny such warranty claims where any Defendant or any Harley-Davidson dealer has any such information. https://www.epa.gov/sites/production...avidson-cd.pdf
Last edited by Heatwave; 09-02-2016 at 03:37 PM.
#242
Exactly. No direct impact to dealerships. Of course HD corp still maintains limited control of their franchisees. But the dealers were not a party to the epa settlement and still control warranty claims to a large extent. But the bigger the claim, the greater likelihood the mothership will get involved thru a regional dealer rep from MoCo.
I worked for a company that was and still is under a consent decree. They brought lawyers in to explain what we could and could not do.
#243
The Consent Decree is very interesting reading.
The MoCo MUST DENY any warranty claim for a powertrain component if it can be shown that a non-CARB compliant tuner was used on the bike.
The MoCo MUST REPORT to the EPA the warranty claims denied. This report will, obviously, include the VIN for the illegally modified bikes. I assume the report will also include the name of the person to whom the bike was sold.
So, if you decide to retune your '17, don't even think of taking it to the dealer for warranty work on the powertrain. I think I'd just wait the two years before I upgraded the bike. Seems like the safest route.
The MoCo MUST DENY any warranty claim for a powertrain component if it can be shown that a non-CARB compliant tuner was used on the bike.
The MoCo MUST REPORT to the EPA the warranty claims denied. This report will, obviously, include the VIN for the illegally modified bikes. I assume the report will also include the name of the person to whom the bike was sold.
So, if you decide to retune your '17, don't even think of taking it to the dealer for warranty work on the powertrain. I think I'd just wait the two years before I upgraded the bike. Seems like the safest route.
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msocko3 (09-03-2016)
#245
Exactly. No direct impact to dealerships. Of course HD corp still maintains limited control of their franchisees. But the dealers were not a party to the epa settlement and still control warranty claims to a large extent. But the bigger the claim, the greater likelihood the mothership will get involved thru a regional dealer rep from MoCo.
Dealerships do NOT control warranty claims. Yes, the dealership decides whether or not they're going to submit the claim to the MoCo. But, the warranty claims must be approved by the MoCo, or the dealership will not be paid.
If the dealership submits a powertrain warranty claim, and it turns out that the bike had a non-CARB compliant tuner used on it, the dealership is in violation of the consent decree.
If a dealership tried to use the excuse that they were not part of the consent decree, they'd be on very thin ice indeed.
Very thin.
#247
From the Decree:
II. APPLICABILITY
3. The obligations of this Consent Decree apply to and are binding upon the United States and upon Defendants and any of their successors, assigns, or other entities or persons otherwise bound by law. The Parties agree that, for purposes of this Consent Decree, Harley-Davidson dealers are independent and are not Defendants’ agents, contractors, or entities controlled by Defendants.
III.
DEFINITIONS:
f. “Defendants” means Harley-Davidson, Inc., and the following entities (each of
which does business as Harley-Davidson Motor Company): Harley-Davidson, Inc.’s subsidiary, Harley-Davidson Motor Company Group, LLC; and Harley-Davidson Motor Company Group, LLC’s subsidiaries, Harley-Davidson Motor Company, Inc. and Harley-Davidson Motor Company Operations, Inc.;
Seems to me the dealers are exempt from the Decree. What the MoCo requires for them to keep their franchise I don't really know.
II. APPLICABILITY
3. The obligations of this Consent Decree apply to and are binding upon the United States and upon Defendants and any of their successors, assigns, or other entities or persons otherwise bound by law. The Parties agree that, for purposes of this Consent Decree, Harley-Davidson dealers are independent and are not Defendants’ agents, contractors, or entities controlled by Defendants.
III.
DEFINITIONS:
f. “Defendants” means Harley-Davidson, Inc., and the following entities (each of
which does business as Harley-Davidson Motor Company): Harley-Davidson, Inc.’s subsidiary, Harley-Davidson Motor Company Group, LLC; and Harley-Davidson Motor Company Group, LLC’s subsidiaries, Harley-Davidson Motor Company, Inc. and Harley-Davidson Motor Company Operations, Inc.;
Seems to me the dealers are exempt from the Decree. What the MoCo requires for them to keep their franchise I don't really know.
#248
#249
We should bow out and let the conversation continue with dyno testing and specs.
#250