I think enforcement would be easy. Just like with cars in many states, [highlight]all they have to do is require passing an annual emissions test in order to gain the annual vehicle registration. Fail the test--no tag.[/highlight]
I figure that's what's coming. Just a matter of time. Since HD only offered EPA approved package upgrades for 2006, I'm guessing they know it's coming soon.
Red,
That's the system we have in N.W. Indiana, since we have been classified as a "non-attainment" area for poor air quality (ozone and particulates). Funny how most of the air pollution is from industrial sources, power plants, and heavy truck traffic on I-80, and yet the only folks penalized are car and light truck drivers. Anyway, back to the point - the "test" here consists of checking the gas cap to make sure it doesn't vent to the atmosphere, and then plugging a scan tester into the OBDII (On-Board Diagnostics) connector on your car. If there are no codes stored, you pass. Tailpipe sniffers are only used on pre-'95 vehicles which don't have OBDII systems, and the test is rather lenient compared to the original EPA test cycle. The electronics on bikes are not OBDII compliant, so any test would have to be of the sniffer variety. I don't see any state spending the bucks to set up special test facilities just for bikes, at least not until Uncle forces them to do so. So, in conclusion, I don't intend to lose any sleep over this issue.
As for the $15k fine for tampering, unless someone changed the law recently that only applies to dealers and manufacturers, not private owners. The fine is
$15k per occurrence per day, by the way, so the total fine if they were to get caught selling things like SERT's would be massive. The fact they haven't been nailed in the past only means the EPA was ignoring them. The EPA has now obviously put out the word that they will be enforcing the law from this point forward.
Jerry