Bombardier Recreational Products, Inc. Case Settlement
Bombardier Recreational Products, Inc. Case Settles for $783,000
On July 24, 2017, Bombardier Recreational Products, Inc. (Bombardier) settled its case with the California Air Resources Board (CARB) and the California Attorney General’s Office involving the company’s Off-Highway Recreation Vehicles in violation of California’s emissions certification laws. In 2013, CARB’s Enforcement Division initiated an investigation of Bombardier, based in Montreal, Quebec, as a result of a tip from U.S. EPA. It was discovered that the emissions certification applications filed with CARB for Bombardier Can AM 450 model ATVs (model years 2008-2009) failed to disclose that Bombardier programmed into the engine control module an auxiliary fuel/timing software map. The auxiliary map allowed ATV owners to access a high performance racing program by cutting a pink wire attached to the module. When the pink wire was cut, the ATVs were no longer in the CARB-certified configuration and therefore in violation of Health and Safety Code sections 43151-43153. Bombardier reported selling approximately 600 ATVs with the auxiliary map to California consumers.
Bombardier also provided 513 non-exempt aftermarket performance kits nationwide to be used with the pink wire modification. This kit is a violation of California’s anti-tampering rules found at CCR, Title 13, § 2474 (Aftermarket Parts Regulation).
This case was referred for litigation and resulted in a Stipulated Judgment of $783,000. Bombardier took prompt action, was cooperative after being notified of the referral, and agreed not to sell, offer for sale, import, deliver, purchase, rent, lease, acquire, or receive a new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in California unless certified by CARB. The penalty portion of the Judgment was split between the California Air Pollution Control Fund ($587,250) and the San Joaquin Valley School Bus Supplemental Environmental Project ($195,750).