Tuners beware - Justice Department action against Derive Systems (Bullydog & SCT)

Came across this on the ram diesel website: https://www.justice.gov/opa/pr/depa...ems-over-aftermarket-emissions-defeat-devices

Looks like the EPA and DOJ are now going after tuners that have altered the emissions software and/or equipment.

This has been going on for a while. Lots of tuners and equipment sellers have been cited and fined by the EPA in recent years. But the one you link to is a big one.

They got a slap on the wrist.....look at what they had to pay...300k? Chump change for a company that large.

"Under the terms of the settlement, Derive will spend approximately $6.25 million to bring the company and its products into compliance with the Clean Air Act. Derive will also pay a civil penalty of $300,000."


They got hit hard.


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I don't know what that $6.25M number means. How much would they have spent on product development, marketing, regulatory compliance, etc., without the settlement? Maybe less, maybe as much.

They get to invest into their own company...this is a good thing...and not punishment. The law allows for several thousand per infraction....it would be well into the millions and would bankrupt them if they were fined...so the 300k is a hand slap...and investing into your own company to get into compliance...thats a gimme.

"Under the terms of the settlement, Derive must stop introducing new noncompliant tuners into commerce and retrofit existing tuners so that they comply with the Clean Air Act. All new and existing tuners offered for sale must have a reasonable basis demonstrating that the use of the products will not adversely affect vehicle emissions.

Besides tuners, Derive must limit access to key emission control parameters in their custom tuning software and create a customer verification program for users of the custom tuning software, which includes training about vehicle functions, emission controls, and the Clean Air Act requirements.

Derive must stop any marketing that would provide information on how consumers can defeat emission controls in their vehicles, and work with their national distributors to prevent the packaged sale of their products with companion defeat devices. Derive must train their employees to comply with the Clean Air Act."

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How about the tunes many here use, do these tunes comply with the Clean Air Act?


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mrchill said:

They get to invest into their own company...this is a good thing...and not punishment. The law allows for several thousand per infraction....it would be well into the millions and would bankrupt them if they were fined...so the 300k is a hand slap...and investing into your own company to get into compliance...thats a gimme.

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They get to invest in making what though?



Developing an extra clean calibration to do a better job at NOx control than the vw guys, but giving the customer no noticable benefit?

phaser said:

How about the tunes many here use, do these tunes comply with the Clean Air Act?


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IMHO - If the tune changes the emissions controls or removes and of the equipment, then based on this report, no. I'm guessing that the DSG tune would be ok, but what is there to gain just by doing that tune without an engine tune.

According to people who have it, the DSG tune helps get rid of the gear hunting and early shifting that's characteristic of the DSG as set up by VW. Especially useful is that Rocketchip (and perhaps others) prevents the DSG from going into 6th until 50 MPH or so, which prevents the engine from lugging in 6th at suburban speeds and having to downshift one or more gears when you want to accelerate. In other words, helps it operate more like you might drive a manual. Gowler here had Jeff tune his DSG last year, he didn't get an engine tune. It might be worthwhile to PM him for his impressions.

Thanks for the explanation.

phaser said:

How about the tunes many here use, do these tunes comply with the Clean Air Act?


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Doesn't every single tuner say "For off-road use only?"

What, are people driving these on public roads? I am shocked.

Mike_04GolfTDI said:

Doesn't every single tuner say "For off-road use only?"

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Yep, you're correct.

In my case, I checked Green Diesel Engineering, "for off road racing only", LOL

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phaser said:

Yep, you're correct.

In my case, I checked Green Diesel Engineering, "for off road racing only", LOL

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I'm about to go off-road racing with my Jeep GC

My truck came with a bullydog CAI and filter(more of a sieve really) . Got rid of that garbage right away and put a ginormous NAPA paper filter on it. Let's see if they go after any of the hundreds of other tuning outfits.

phaser said:

How about the tunes many here use, do these tunes comply with the Clean Air Act?
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In short no they do not.