In the wake of several high-profile cases brought by the U.S. EPA against manufacturers and sellers of components, systems and tuning devices said to be classified as “defeat devices” or otherwise rendering vehicles systems non-compliant with U.S. environmental regulations, sellers have discovered that eBay has enacted a policy prohibit the listing of emissions defeat devices.
While it is not known at this time precisely when the prohibition went into force, the issue was brought to the forefront just days ago when U.S. car mag Road and Track noticed sellers being met with error messaging advising them of the prohibition.
The prohibition is listed in U.S. eBay’s seller’s section, detailing what listing are not allowed as part of its Emissions Control Defeat Devices Policy.
On the eBay Canada site, eBay.ca, the prohibition is also noted, though it does not include the same degree of detail or the EPA Enforcement Alert reference.
“Listings for products that violate applicable law by bypassing, defeating or rendering inoperative emission-control systems aren’t allowed, either on their own or when combined with other hardware or software,” reads the note on eBay.ca.
On the eBay U.S. marketplace site, the prohibition is detailed:
Products that bypass, defeat or render inoperative emission-control systems aren’t allowed, either on their own or when combined with other hardware or software. See the EPA Enforcement Alert for more information. Examples of such products include, but are not limited to:
- Tuners, services, software or devices that modify the performance of vehicles, such as cars, trucks and off-road vehicles
- Aftermarket standalone (non-OEM) electronic control unit (ECU), including full electronic fuel injection (EFI) conversion kits
- Powertrain or exhaust parts intended for “race only” or “off-road only”
- Active fuel management/Dynamic fuel management or auto start-stop disablers
- Blocking plates for emission control systems
- Products that remove factory catalytic converters (CAT) or diesel particulate filters (DPF), selective catalytic reduction (SCR) and diesel exhaust fluid (DEF)
- Throttle response controllers
- Exhaust servo eliminators
- Devices intended to bypass or reduce flow to oxygen sensors
The policy goes on to detail measures the online seller takes to discourage sellers from listing parts, from cancelling lists, to account suspension.
The clamp down is just the latest example of the impact that recent EPA enforcement actions and judgement are having on the specialty aftermarket.
In the face of multi-million dollar fines, a number of aftermarket suppliers have proactively stopped manufacturing certain components and devices, or have modified them to prevent non-compliance, even if they were intended for off-highway use, for use in competition for example.