[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR205.58-2]



[Page 126]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 205_TRANSPORTATION EQUIP MENT 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]