Is it legal?

Disclaimer: Links on this page pointing to Amazon, eBay and other sites may include affiliate code. If you click them and make a purchase, we may earn a small commission.

18CrewDually

Senior Member
Joined
Nov 17, 2019
Posts
2,042
Reaction score
2,617
Location
U.S.- New Jersey
Ram Year
2018
Engine
Cummins 6.7 H.O.
  • All Diesel-fueled motor vehicles with a gross vehicle weight rating (GVWR) 8,501 pounds to 17,999 that are plated commercial. The owner or lessee is required to inspected these vehicles.
  • All diesel powered vehicles with a gross vehicle weight rating (GVWR) 8,501 to 17,999 that are plated passenger, not for profit, governmental, commuter van, farmer or farm truck except buses
  • All diesel powered vehicles model year 1996 and older that are plated passenger, not for profit, governmental, commuter van, farmer or farm truck except buses

Tim, I don't want to go back and forth here but you keep referring to the DMV Inspections. That is seperate.
I am and have been talking about DEP Enforcement, and the current laws they had passed. Not the Dept Motor Vehicle Laws, but the Dept Environmental Protection Laws.
They are 2 different things with 2 different missions.
 

Timsdually

Senior Member
Joined
Jan 8, 2019
Posts
617
Reaction score
405
Location
Jersey
Ram Year
2020
Engine
Cummins
Correct, but again that is another entity that did those inspections there. And it was large obvious commercial trucks hauling trailers or box trucks. Never "Farmer Joe" just riding down 206 going home from Masturis Diner.
Read the info in the link I posted above. The DEP inspections are not ofr safety, they look for Emmissions violations.
Inspections are for both safety and emissions. You can be pulled over for either/or, and both.
Depends on the your attitude towards the cop or what kind of day they are having. They can do a quick check and send you on your way or they can do an attitude adjustment on you have you there for hours.
 

18CrewDually

Senior Member
Joined
Nov 17, 2019
Posts
2,042
Reaction score
2,617
Location
U.S.- New Jersey
Ram Year
2018
Engine
Cummins 6.7 H.O.
Inspections are for both safety and emissions. You can be pulled over for either/or, and both.
Depends on the your attitude towards the cop or what kind of day they are having. They can do a quick check and send you on your way or they can do an attitude adjustment on you have you there for hours.

That's not the topic here. Talking DEP Enforcement Inspections. Not DMV or DOT.
 

Timsdually

Senior Member
Joined
Jan 8, 2019
Posts
617
Reaction score
405
Location
Jersey
Ram Year
2020
Engine
Cummins
Tim, I don't want to go back and forth here but you keep referring to the DMV Inspections. That is seperate.
I am and have been talking about DEP Enforcement, and the current laws they had passed. Not the Dept Motor Vehicle Laws, but the Dept Environmental Protection Laws.
They are 2 different things with 2 different missions.
Because the DEP sets the standards for the emission enforcement.
That first link you posted had right on it State Police and DMV doing inspections on heavy trucks for emissions and safety. If you are throwing too much soot they have the power to nail you just as much as they can nail you for bad brakes or bad tires. The State Police will write you that ticket on behalf of the DEP for too much smoke.
 

CanRebel

Senior Member
Supporting Member
Joined
Jul 5, 2021
Posts
775
Reaction score
748
Location
Toronto
Ram Year
2021
Engine
Hemi
That's not the topic here. Talking DEP Enforcement Inspections. Not DMV or DOT.

The topic here is
/quote

So I am not going to delete my diesel, but I know some guys that have done it, not real recently though. But would a dealer legally take a deleted truck in on trade? Can they re-sale it without the smog equipment on it?
/Quote
 

18CrewDually

Senior Member
Joined
Nov 17, 2019
Posts
2,042
Reaction score
2,617
Location
U.S.- New Jersey
Ram Year
2018
Engine
Cummins 6.7 H.O.
Because the DEP sets the standards for the emission enforcement.
That first link you posted had right on it State Police and DMV doing inspections on heavy trucks for emissions and safety. If you are throwing too much soot they have the power to nail you just as much as they can nail you for bad brakes or bad tires. The State Police will write you that ticket on behalf of the DEP for too much smoke.

Different set of laws Tim.
DEP has their own.
N.J.A.C. 7:27-14
This is my point. They wrote into their laws that NOW pickup trucks can be stopped anytime and be treated as a commercial vehicle. That was never the case because they are self inspection for DMV so they could not stop you before. Now because of DEPs law they can.
I can't explain this any simpler.
 

18CrewDually

Senior Member
Joined
Nov 17, 2019
Posts
2,042
Reaction score
2,617
Location
U.S.- New Jersey
Ram Year
2018
Engine
Cummins 6.7 H.O.
The topic here is
/quote

So I am not going to delete my diesel, but I know some guys that have done it, not real recently though. But would a dealer legally take a deleted truck in on trade? Can they re-sale it without the smog equipment on it?
/Quote

Yeah that's been covered. Go back and read. Thanks.
 

Timsdually

Senior Member
Joined
Jan 8, 2019
Posts
617
Reaction score
405
Location
Jersey
Ram Year
2020
Engine
Cummins
The topic here is
/quote

So I am not going to delete my diesel, but I know some guys that have done it, not real recently though. But would a dealer legally take a deleted truck in on trade? Can they re-sale it without the smog equipment on it?
/Quote
And the answer to that would be:
Depends on how strictly your state enforces the law.
 

Timsdually

Senior Member
Joined
Jan 8, 2019
Posts
617
Reaction score
405
Location
Jersey
Ram Year
2020
Engine
Cummins
Different set of laws Tim.
DEP has their own.
N.J.A.C. 7:27-14
This is my point. They wrote into their laws that NOW pickup trucks can be stopped anytime and be treated as a commercial vehicle. That was never the case because they are self inspection for DMV so they could not stop you before. Now because of DEPs law they can.
I can't explain this any simpler.
Yes they can stop you. Just because you are self inspection doesn't mean you can't be stopped. It has always been like that. If they see a violation, you are getting pulled over.
That applies to even state inspected vehicles. Just because you have a "good" sticker on your windshield doesn't mean they can't touch you for another year.
 

18CrewDually

Senior Member
Joined
Nov 17, 2019
Posts
2,042
Reaction score
2,617
Location
U.S.- New Jersey
Ram Year
2018
Engine
Cummins 6.7 H.O.
Yes they can stop you. Just because you are self inspection doesn't mean you can't be stopped. It has always been like that. If they see a violation, you are getting pulled over.
That applies to even state inspected vehicles. Just because you have a "good" sticker on your windshield doesn't mean they can't touch you for another year.

You're missing the point. Completely. Spent too much time on this already. My thumbs hurt.
 

chri5k

Senior Member
Supporting Member
Joined
May 24, 2019
Posts
1,949
Reaction score
2,956
Location
USA
Ram Year
2016
Engine
Diesel
Different set of laws Tim.
DEP has their own.
N.J.A.C. 7:27-14
This is my point. They wrote into their laws that NOW pickup trucks can be stopped anytime and be treated as a commercial vehicle. That was never the case because they are self inspection for DMV so they could not stop you before. Now because of DEPs law they can.
I can't explain this any simpler.
Wow, not only does a NJ resident need to keep up with NJ code but also Federal (EPA) regulations and CA (CARB) executive orders. Almost like they don't want you to have a diesel powered vehicle.
 

man n black

Senior Member
Joined
Nov 26, 2011
Posts
339
Reaction score
55
Ram Year
2013
Engine
Cummins
Take in as a trade, yes. But to resell it they would have to make it Emmissions compliant.
^^^^THIS^^^^
However, Emissions compliance is not federal or even state law. This is regulated at the regional level and can be different even in different areas of a state. For example Colorado.

Further, what the DEP did in this quoted statement is called entrapment and IS illegal.

And although it wouldn't necessarily cover emissions equipment, for y'alls' light reading I would recommend the the lawsuit againts OEMS brought primarily by SEMA regarding an individuals' right to modify thier vehicles inside of the warranty period without voiding the OEM warranty.

Have great days folks!

Ch
 

Dusty

Senior Member
Joined
Jun 6, 2013
Posts
1,239
Reaction score
1,288
Location
Rochester, New York
Ram Year
2019
Engine
5.7 Hemi
The topic here is
/quote

So I am not going to delete my diesel, but I know some guys that have done it, not real recently though. But would a dealer legally take a deleted truck in on trade? Can they re-sale it without the smog equipment on it?
/Quote
Family member took deleted truck to the dealer for a trade this past summer. During negotiations the dealer's used vehicle inspector came in and stated the vehicle in question had been deleted. They knew because they connected a scan tool to the vehicle. Dealer refused to take in trade. Family member still has the truck!

Regards,
Dusty
2019 Ram 1500 Billet Silver Laramie Quad Cab 2WD, 5.7 Hemi, 8HP75, 3.21 axle, 33-gallon fuel tank, 18” wheels. Build Date: 3 June 2018. Now at 107348 miles.
 

18CrewDually

Senior Member
Joined
Nov 17, 2019
Posts
2,042
Reaction score
2,617
Location
U.S.- New Jersey
Ram Year
2018
Engine
Cummins 6.7 H.O.
Ca
Family member took deleted truck to the dealer for a trade this past summer. During negotiations the dealer's used vehicle inspector came in and stated the vehicle in question had been deleted. They knew because they connected a scan tool to the vehicle. Dealer refused to take in trade. Family member still has the truck!

Regards,
Dusty
2019 Ram 1500 Billet Silver Laramie Quad Cab 2WD, 5.7 Hemi, 8HP75, 3.21 axle, 33-gallon fuel tank, 18” wheels. Build Date: 3 June 2018. Now at 107348 miles.

Can't be mad at the dealer. To make it compliant it will cost them $2k plus in most cases.
 

Bob1313

Member
Joined
Dec 1, 2019
Posts
61
Reaction score
84
Location
Colorado
Ram Year
2016
Engine
Hemi 5.7
Ah yes, good ole entrapment

One of my favorite government overreaches
Not entrapment at all.
Entrapment is when a law would not have been broken without law enforcement's participation. Clearly this illegal truck was for sale as it set on the lot. That is against the law and always has been. We were never allowed to sell any vehicle that could not or would not pass emissions.
Disabling or bypassing emission controls is illegal...Period!
Just ask Volkswagen!

Maybe you ought to back to law school for a refresher!
 

Dusty

Senior Member
Joined
Jun 6, 2013
Posts
1,239
Reaction score
1,288
Location
Rochester, New York
Ram Year
2019
Engine
5.7 Hemi
Ca

Can't be mad at the dealer. To make it compliant it will cost them $2k plus in most cases.
I didn't state his reaction, but, yes, he was very upset with the dealer. Unfortunately, he went to another dealer who had pretty much the same reaction, although they ended up making him an offer, but the offer was considered an "insult." He still has the vehicle because he's looking at a huge cost and labor to return it to compliance that it would exceed the value of his equity and resale. Plus, his tune apparently pooped his tranny.

Regards,
Dusty
2019 Ram 1500 Billet Silver Laramie Quad Cab 2WD, 5.7 Hemi, 8HP75, 3.21 axle, 33-gallon fuel tank, 18” wheels. Build Date: 3 June 2018. Now at 107348 miles.
 
Top