Companies fined for selling illegal truck aftermarket parts in California

$507K in fines will support air pollution research, cleaner
diesel school buses

SACRAMENTO – The California Air Resources Board reached settlements with Derive Systems, Inc., and Hypertech, Inc. to resolve violations of the California Health and Safety Code related to the advertising and sales of illegal aftermarket performance parts in California, especially tuner products made
for diesel pick-up truck engines.

“California fights every day to achieve the best air quality possible and we cannot tolerate those who circumvent our regulations,” said Todd Sax, CARB’s Enforcement Chief.  “We commend these companies for their full cooperation with our
investigations, and for committing to ensure that consumers can take corrective measures without incurring any costs.”



Florida-based Derive Systems, Inc., is the parent company of
performance part manufacturer Bully Dog Technologies, LLC.
Derive paid $281,840 to resolve the sale of diesel and gasoline
aftermarket parts illegally sold by Bully Dog in California from
2010 through 2012.  The affected parts replaced original emission
components on cars and trucks such as the intake and exhaust
systems, or employed different engine calibration software to
increase vehicle power.  The parts had not been evaluated by CARB
to demonstrate that they did not negatively impact the vehicle’s
emissions. As a result, it is illegal to sell or install them on
consumer vehicles in California.

As directed by the settlement agreement, Derive Systems paid
$211,380 to the California Air Pollution Control Fund, which
supports efforts to decrease air pollution through education and
the adoption of cleaner technologies.  The remaining $70,460 was
directed towards a Supplemental Environmental Project to reduce
emissions from diesel engines and school buses.  The company also
agreed to institute a voluntary buyback program to recover these
parts from its distributors, dealers and customers at no cost to
consumers.

Hypertech, Inc., based in Bartlett, Tennessee, sold illegal
diesel tuners/programmers, fuel pumps, thermostats and pressure
regulators from 2011 through 2013.  These parts were sold prior
to receiving CARB certification to ensure compliance with
emissions regulations. As directed by the settlement agreement,
Hypertech, Inc., paid $225,000 to the California Air Pollution
Control Fund.  The company is also implementing a buyback
program.

Modified vehicles that no longer meet California’s emission
requirements pose a significant health threat to California
residents.  They create higher amounts of smog-forming
pollutants, which can lead to increased respiratory and
cardiovascular hospitalizations and premature deaths for adults.
They can also lead to more emergency room visits for children
with asthma.