[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR205.58-2]

[Page 124]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
 
                   Subpart B--Medium and Heavy Trucks
 
Sec. 205.58-2  Tampering.

    (a) For each configuration of vehicles covered by this part, the 
manufacturer shall develop a list of those acts which, in his judgment, 
might be done to the vehicle in use and which would constitute the 
removal or rendering inoperative of noise control devices or elements of 
design of the vehicle.
    (b) The manufacturer shall include in the owner's manual the 
following information:
    (1) The statement:

             Tampering With Noise Control System Prohibited

    Federal law prohibits the following acts or the causing thereof:
    (1) The removal or rendering inoperative by any person, other than 
for purposes of maintenance, repair, or replacement, of any device or 
element of design incorporated into any new vehicle for the purpose of 
noise control prior to its sale or delivery to the ultimate purchaser or 
while it is in use; or (2) the use of the vehicle after such device or 
element of design has been removed or rendered inoperative by any 
person.

    (2) The statement:

    Among those acts presumed to constitute tampering are the acts 
listed below.


Immediately following this statement, the manufacturer shall include the 
list developed under paragraph (a) of this section.
    (c) Any act included in the list prepared pursuant to paragraph (a) 
of this section is presumed to constitute tampering; however, in any 
case in which a proscribed act has been committed and it can be shown 
that such act resulted in no increase in the noise level of the vehicle 
or that the vehicle still meets the noise emission standard of 
Sec. 205.52, such act will not constitute tampering.
    (d) The provisions of this section are not intended to preclude any 
State or local jurisdiction from adopting and enforcing its own 
prohibitions against the removal or rendering inoperative of noise 
control systems on vehicles subject to this part.

[41 FR 15544, Apr. 13, 1976, as amended at 47 FR 57715, Dec. 28, 1982; 
48 FR 27040, June 13, 1983]